The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-02-27
A "REMINISCENCES OF WAR TIME.
Some Reasons Why Jefferson Davis
Was Not Hanged.


| Here is a rather singular letter that has
been awaiting an answer for some time. 1t
/ shows a woeful lack of knowledge of ma
tional history, not necessarily upon the part
| of the querist, but in whoever suggested
| the question:
! Was jefferson Davis ever tried by jury
/ of twenty-four men, half white and half
| full particulars? Fl. s. SLIkER.'
| 1t is most needless to say that under the
laws governing this country of ours. 1t is
| impossible to have a jury OF a greater
number than twelve men. But Jefferson
Davis was not tried by jury OF any kind;
in fact, he was never put on trial. although
there were studied and persistent efforts
made by some of the biggest American
| statesmen to have him hanged, and, in fact,
this fate was ordained him by many even
| prior to his capture Bearing upon this lat
ter phase of the matter, it may be well to
na-rate ansincident that you will not find in
any histories of the civil war, and which is
here recorded for the first time For nearly
| one year prior to the dissolution of the
| Confederacy and the surrender of Lee, it
became apparent that the civil war was
rapidly approaching an end, and that as
soon Grant was ready to move, the Con-
federate forces would be annihilated, peace
once more paramount, and the Union pre-
| served. 1t required no remarkable amount
Of prophecy to foretell this result. One day.
| when this fact was plainly apparent there
were gathered in the private office of Pres
! ident Lincoln a number of men of national
renown, including, besides the President
himself, General Benjamin F. Butler and
| A. K. Mcclure. Butler with that ferocious
energy which was part of his really bril-
| liant makeup was already discussing what
| should be done with Jefferson Davis, and,
! quite naturally for him, took it FOR granted
that he would be hanged for treason to the
| United States government. Mr. Mcclure
took issue with him, saying that Davis
| could not legally be hanged arguing from
| lawyer $, and not soldiers, standpoint,
| that the beligerent rights of the Confed-
| crates had been recognized, and as they
mad been met as an armed foe, just as the
| English had been met in 1872, he contended
the charge OF treason could not rest against
the President Of the Confederate States,
| any more than it could legally lay against
| the commander-in-chief of the British forces
| IN the earlier war referred to. Said Mr..
Mcclure very earnestly: mo matter what
| nus deserts may be, you cannot hang JEFF
ferson Davis by proper process of law"
We'll" growled Butler, in his customary
| general principles"
Some one OF the party turned to MIR. Lin
| coin and asked him what he thought of the
| matter. WELL" he drawled as he crossed
| those long, lank legs of his, his eyes twink
| ling, as they always did when he was about
| to illustrate an argument or an anecdote,
| that reminds me of a story"--the invari-
| able preface to ali his tales.
| When was a young man. in Springfield,
| who could not refrain from Incorporate
! outbreaks, during which his thirst for
strong and raging liquor was unconquer-
| aple When he would recover from one of
these debauches he would be seized with in
| tense repentance, and, after many and fer
| vent promises of reform, he would be again
| restored to the church circle. But it was
only matter of time when there would be
| another outbreak another season of re-
pentance. more promises and q. restoration
| 10 ecclesiastical grace. This sort of thing,
| however, was continued so long and hap
| pened so frequently, that the elders of the
| church became disguised and gave him
warning, upon his again being returned to
| favor, that If he again broke loose from the
| bounds OF sobriety, he need not apply for
| readmission to the ralAs of the saints, and
| forever after remain among the sinners.
| 1ls repentance was unquestionably sincere,
| but after a time the consuming thirst,
| Which was the bane of his existence, ragged
within him. He fought against 1t manfully
| tions of lemonade. But this did not satisfy
the cravings of the demon, and so, when
he ordered another mixture Of water and
| sugar and lemon juice, he whispered to his
attendant pitifully: Couldn't you drop lit
| tie bit of whisky into it unbeknownst to
meg And so,'' continued Mr.. Lincoln, the
| twinkle in his eyes growing brighter,
couldn't we let our Southern brethren slip
back into the Union unbeknownst to us?"
That was Lincoln all over; great, broad
Jefferson Davis was captured near IT.
| winsville, Ga. on May 10, 1865, and taken
| to Fortress Monroe, where he was kept a
prisoner for exactly two years. At about
this time also, Capt. Henry Wirz the Con-
| federate officer who had been in charge of
| Andersonville prison during the horrors
| that distinguished that place of confne-
| ment, was also taken into custody tried by
| court-martfal and sentenced to be hanged,
which punishment was subsequently in
| nlcted. upon him.. Abraham Lincoln was
then the victim of Booths bullet, and An
| drew Johnson was in the presidential chair.
| When things We're in this condition, Davis
| at Fortress Monroe and Wirz under sem
tence of DEATH President Johnson sent for
| Mr. Mcclure to consult him about some
| PUBIC matters, and what took place be-
tween them, is here. like the Lincoln incl
dent, publicly recorded for the first time
| After some discussion on the subject of the
meeting, the visitor asked the President
| what was the governments intention to-
ward jefferson Davis. Mr.. Johnson hesitat-
ingly answered that he didn't know He
evidently was in g. great state of uncertain
~, but admitted that there was great clam
| or for his hanging.
You can't hang him for treason" said
Mr.. Mcclure, and gave the same reason
that he had presented to General Butler
during the Lincoln interview. The Presi-
dent gave his assent to this proposition
| but said that there was a demand TO try
him for having been directly responsible for
| the cruelties practiced upon the Union pris-
oners In Andersonville prison; that Wirz
| superior. To this Mr.. Mcclure replied that
if he was brought before an ordinary court
| martial on such a charge he would unques-
tionably be convicted and hanged; nothing
| could save him.
But added Mr. Mcclure. "you do not
| believe, Mr.. President, that Davis author
| lied any crueltieS a either AndersonviIIe
| or Libby, or was in any way responsible
| for them. You also know very well that
Wirz could not help himself, although of
course, he would be made an example of
1 and hanged. The rebels could not very well
| give the Union prisoners what they did not
have themselves You know full we'll that
when Lee came into Pennsylvania his men
carried only one ration, and when they
/ passed through my truck garden in Cham
/ bersburg they ravenously ate the green
/ corn without cooking It, and, pulling up
| turnips from their bed devoured them
without removing the dirt At Anderson
| vile they ground up corncobs and made
! food, but If the Union prisoners tried TO
/ mud nutriment in this, the rebel officers in
! charge lived upon the same fare. You
/ know our prisoners could not be furnished
! contraband of war-cruelly, / think-and
| could not be got through the lines. If you
! think Davis should be tried for the I'M
| avoidable cruelties of Andersonville APP
| point a military court composed of Cen
| erals Grant, Sherman, Sheridan. Meade and
/ Thomas. Not only this country, but the
| civilized world will abide by any verdict
| those men may reach.
In response 10 these earnest words Pres
| ident johnson shook his head and admitted
| that he did not have the courage to take
! such action.