The times. [volume] (Richmond, Va.) 1890-1903, 1896-02-23
]. Cox.
/. smith,

Davis left Danville. with partN OF
devoted friends. with the intention oil
going 10 the State Of Texas, and there,
with the aid of the army OF the South
west, stll endeavOr 10 prosecute war 70
successful termination. IN tie darkest
hours he had hopes of final success. But
he was disappointed, for, as he was tray
elling through the State Of Georgia, on
the 10th dav OF May, 1865, he was cap
tured by Federal troops and was imme-
diately taken TO Fortress Monroe as a
prisoner. and there he was kei in close
confinement to await such fcuOn as
might be directed by the proper authoil-
ties of the United States Government.
lie remained in the Fortress about TWO
years, until tie 18Th day OF May, lsb''
when ne was released by the uhlttd
States Court at Richmond on BAN. IN
"rbe Memoirs of Jefferson Davis by his
wife" there is narrated a specific ac-
count of the indlgnities, insults, and in
human crucltles. which he was made TO
bear while a prisoner. under the orders
of General Miles, then cCmmandant OF
Fortress Monroe. and now commander
in-chief Of the Army OF the United states.
He bore them all with q 1Orutude ana
patience that stamped him, in the minds
OF his countrymcn, as a man OF true cour-
age. conscious OF the recttude or MS
past conduct, and ready TO MAINTAIN us
propriety, even with the sacrifice OF MS
life. II 81 became necessary.
Ii Is not my purpose 10 enter into any
detailed reference to the treatment which
Mr.. Davis experienced during the two
years he was in Fortress Monroe. ana
/ should not have referred 10 Il at AN,
except that st furnishes the basis OF
some remarks which ! wish to present
Whatever opposition Mr. Davis had TO
contend with while he was President or
the Confederate States, whatever harsh
criticisms upon his official acts that were
made i'm the public press, and among
those who thought he was wrong dur
ing The DAYS OF the COnlederacy, they
were all expelled and forgotten by the
whole Southern people when they con-
tcmplated his heroic conduct and manly
bearing. under The weight of such terri
lie mental and physical suffering as he
endured while q prisoner. The Southern
people felt that the punishment inflicted
on him was intended hy the Federal
authorities 10 be sort OF YlcariOus
atonement for what they thought were
the political sins of the whole south.
Consequently, since the death OF jeiier-
son Davis. this sentiment has elevated
and strengthened the love and affection
which Will ever follow his memory and
cluster around IT, from the hearts or
all Southern people, through all future
time.
While Mr.. Davis was in prison he was
anxious that the Federal Government
should give him as speedy trial before
the courts. for the crime OF high treason
or whatever other charges they might
have against him. as was consistent with
proDrietv But IL seems that the Gov
eminent did not want him 10 DO tried
by the civil courts. There was diner
ence Of opinion among distinguished law
yers. and among the highest officials at
Washington, as to the nature OF the or
fence he had committed. or whether he
could properly be held chargcdDle. under
the Constitution Of tho United States,
with treason.
Was secession treason? That was the
question which divided public opinion
then. and il divides it TO this day. Ed
mund Burke had sail, on the trial OF
Warren Hastings. 1t is impossible 10
draw an indictment against a whole peO-
pie" That was the difficulty Ia the way
Of a speedy trial. and besides, the Pres
ident and his advisers wanted the Chief
Justice Of the United States supreme
Court to preside at the trial OF Jefferson
Davis. lie declined TO do so under the
then existing state or affairs. ana gave
the following reasons for his deciination:
REASONS WHY JUDGE CHASE HELD
NO COURT IN VIRGINIA.
lie said that up TO May. 1866, he had
held no court in any State in which
state OF war still existed. and he de-
clined 10 hold any court In any OF the
States included in his circuit until the
President or Congress- or both together,
had proclaimed the restoration OF peace.