Democratic Northwest. [volume] (Napoleon, Ohio) 1869-1894, 1890-01-02
JEFF DAVIS


There are thousands upon thousands
sf people in this country who have
azked why JET. Davis was never tried
for treason. A satisfactory answer has
probably never been given until re-
cent y, upon the appearance OF Hon.
Hugh McCulloch's interesting book en-
titled Men aud Measures Of Half
Century, Mr.. McCulloch, it will be
remembered, is an Indianian, and
served partial terms as Secretary of the
Treasury under the administrations of
Presidents Lincoln, johnson, and Ar
thur. In this interesting book Mr.. Nc
Culloch says:
~The question, what shall be done
with the Confederate leadersY was re-
ferred to but not discussed at Mr.. Lin
coins last meeting with his cabinet.
Mr.. Lincoln merely remarked in his
humorous manner, / am good deal
like the Irishman who had joined the
temperance society but thought that he
might take drink now and then if he
drank unbeknown to himself. A good
many people think all the big Confed-
crates ought to be arrested and tried as
traitors. Perhaps they ought to be,
but I should be right glad if they would
get out of the country unbeknown TO
me-" This question came up in the
ease of Jefferson Davis soon after Mr..
johnson became President. Mr.. Davis
had been captured while attempting to
escape after the fall of Richmond, and
was prisoner in close confinement in
Fortress Monroe. Some action must be
taken in his case. What should it be?
He had been the President Of the Con-
federacy, and therefore was the most
conspicuous Of the enemies of the Gov
ernment BY large part of the people
of the North he was regarded as the
arch-traitor, upon whose head ven
geance should be visited. Should he be
liberated in the face of the strong feel
ing against him. or should he be ar
raigned for treason, and if arraigned,
Ehould he be tried by military COM
mission or United States court ?
these were interesting and important
questions, requiring the most careful
consideration both in legal and political
bearing.
AThe legal question, Has Mr.. Davis
been guilty of such acts of treason that
he can be successfully prosecuted? was
submitted to the Attorney General, who,
after a thorough examination of it and
consultation with some Of the ablest
lawyers in the country, came to the
conclusion that Mr.. Davis could not be
convicted of treason by any competent
and Independent tribunal and that
therefore no ought not to be tried. The
conclusion was undoubtedly correct. 1t
was revolution which had been at
tempted by the Southern States gen.
eral uprising of the people of the South
against the government. Itwas war in
which they had been engaged-war OF
such proportions that belligerent rights
had been accorded, them by foreign ma
tions. The same rights had been ac-
knowledged by the government in ex-
changes of the prisoners and other acts.
They could not therefore, be charged
with treason, nor could one of their
number be singled out and legally con-
victed of the crime. Aside from these
considerations it was clear that what
ever reasonable acts Mr.. Davis might
have been guilty of, were committed in
fhe Southern States, where, under the
constitution, the trial must take place
and where conviction would be impos.
sible. The President (Andrew Johnson)
was chagiined by the decision, which
was forced upon him by the opinions Of
the Attorney General and other eminent
lawyers. 1t twas in direct opposition tc
his committals in the vindictive speeches
which he made at the commencement
Of his administration; but he saw the
correctness of it and from that time he
pushed his generosity to those whom
he had denounced as traitors to an ex
treme. Mr.. Davis was only one of many
thousands who were engaged In wal
against the government. His position
was made the most conspicuous, but he
was no more guilty than many Others
against whom no proceedings we're con
templated. There was no evidence tina
he was responsible for the horrors O.
Andersonville, or the general bad treat
ment to which Union soldiers were
subjected in Southern prisons. HI
was, however, kept in confinement unti
the. spring Of 1867, when he wa
brought before the United States Cour
at Richmond on the ch urge of treason
and admitted to bail. He was no
tried, although he expressed desire tx
be, nor was he among those who asked
TO be pardoned. He was KEEP
in prison for two years before he wa
arraigned and released on bail, an6
strangely enough Horace Greeley ant
Gerrit Smith, the distinguished aboli
tionists, were among the signers of hi
bond"
Mr. McCulloch gives an interesting
account of his visit to Fortress Monroe
where the ex.Confederate Presiden
was held confined. Mr. McCullocl
went to Fortress Monroe at the instanc
Of President johnson, to ascertain
whether or not the treatment Of Davi
was true. He was," said the Presi
dent, the head devil among the traitor
and he ought to be hung; but he shoul'
have fair trail, and not be brutal
treated while a prisoner"
OF his visit to Fortress Monroe, MI
McCulloch says:
4On my arrival at the fortress MI
Davis was walking upon the rampant
accompanied by q couple Of soldiers
was glad to notice that his gait wa