Chapter XXX: A Nation's Shame

In fortress Monroe, Mr. Davis was confined in a gun room of a casement which was heavily barricaded with iron bars. Two sentries with loaded muskets and fixed bayonets were posted in the room, while two others paced up and down in front of his cell.

Escape would have been impossible for any one, however strong and vigorous, and he, now an old man, was weak, feeble and emaciated.

Yet on the third day after his incarceration, while the victorious troops of the republic were passing in solemn review before the President and generals of a great nation, there was enacted in that little cell at Fortress Monroe a scene which must forever cause the blush of shame to mantle the brow of every American at its mere mention. A file of soldiers entered the cell and Captain Jerome Titlow, with evident pain and reluctance informed Mr. Davis that he had a most unpleasant duty to perform, which was to place manacles upon him. Mr. Davis demanded who had given such an order, and upon being informed that it was General Miles, asked to see him. This was refused by Captain Titlow, who sought to induce him to submit peaceably to the inevitable. "It is an order which no soldier would give and which none should obey. Shoot me now and end at once this miserable persecution!" At the same time the fallen chieftain drew himself up to his full height and faced the soldiers, his hands clenching in convulsive grasps and his eyes gleaming like those of a hunted tiger driven to bay. A word from Captain Titlow and a soldier with the shackles in hand advanced, but before he could touch the captive he dealt him a blow which felled him upon the floor. Necessarily the struggle was a short one and in a few moments heavy irons were riveted upon his ankles and one of the foremost of living statesmen lay upon a miserable straw mattress chained as though he had been the vilest of desperate criminals.

Had Garibaldi or Napoleon after Sedan been subjected to the crowning indignity inflicted upon Jefferson Davis all Europe would have rung with the infamy of the brutal act, and yet the whirlwind of sectional strife had so fanned the fires of prejudice and hatred that the act was generally applauded at the North, and the officer responsible for this crime against civilization for many years exhibited the shackles as though they had been a trophy of honorable victory.

Let us as Americans be thankful that such perverted sentiment was short lived, and that a day came when the infamous act was repudiated as wantonly cruel and brutal, and its perpetrators were more anxious to avoid the responsibility for it than formerly they had been to assume it. There is now no longer any doubt as to the person who is responsible for placing Jefferson Davis in irons, but it is only fair to General Miles to say that he was very young at the time. The grave charges against Mr. Davis, no doubt, served to mislead his immature judgment, and from the fact that Louis Napoleon had recently escaped from a fortification in France he, no doubt, believed that the extreme and cruel measure was necessary.

In justice it should be further stated that as soon as General Miles believed the danger of escape no longer great he gave orders for the removal of the shackles, and thereafter treated Mr. Davis with much kindness. The story of Mr. Davis' two years' imprisonment at Fortress Monroe is too well known from Dr. Craven's impartial, if somewhat fragmentary, account to need further repetition here.

XXXI. Efforts to Execute Mr. Davis

It is a difficult matter at this distance of time to realize the attitude of public sentiment against Jefferson Davis the state prisoner of Fortress Monroe. As the chief executive of the late Confederacy, he was, in popular estimation, the incarnation, if not the proximate cause, of all the sins and suffering of Rebellion, but worse than all the administration which in feverish, puerile haste had declared him an accessory to the assassination of Mr. Lincoln and upon that score had paid out of the public treasury $100,000 for his capture, could not, or rather dared not reverse its attitude and speak the truth. The result was, of course, that the vast majority of the people at the North believed Mr. Davis to be as guilty of murder as he was of treason, and consequently there was a mighty clamor for his summary execution.

Had there been a scintilla of evidence, nay, had there been any fact which human ingenuity could have tortured into a plausible resemblance to guilty knowledge of Mr. Lincoln's death, no one will now doubt that Jefferson Davis would have been murdered as was Mrs. Serrat.

Andrew Johnston within ninety days after he had issued his ridiculously false proclamation admitted it to be without foundation--a fact which all along was fully realized by every member of the government who had personally known the accused. And yet a coterie of radicals, headed by a conspicuous member of the Cabinet, continued to search by such questionable means for incriminating evidence that it disgusted the just, conservative men of all parties, and they demanded that the senseless accusation be dropped for all time.

However, a chance yet remained to dispose of the fallen chieftain without incurring any of the trouble and risk that must arise from a trial according to the laws of the land.

Thousands of Federal prisoners had starved and died at Andersonville and throughout the North this tale of suffering had inspired such horror and indignation that there was a general demand for the punishment of those who were supposed to be responsible for it. Captain Wirz, the commandant of Andersonville, was accordingly haled before a drum-head court martial and, despite the fact that he conclusively demonstrated that conditions responsible for the horrors of that pest hole were beyond his own control, or that of any man or number of men in the Confederacy, he was promptly convicted and was sentenced to death.

Then a serviceable, if not honorable, idea seized the hysterical radicals, which was nothing less than the feasibility of holding Jefferson Davis responsible for the horrors of Andersonville. But there again the ingenuity of malice failed to discover any evidence except that which was highly creditable to the intended victim.

All that followed in the nefarious plot is not and never will be fully known, but from the declaration of the priest, who was Captain Wirz's spiritual adviser, as well as from other authentic information, there is no room whatever to doubt that the condemned man was offered his life and liberty if he would swear that in the management of the prison he had acted under the direction of Jefferson Davis. Captain Wirz, however, was a brave and honorable man and scorning to purchase his life with such a lie, he met his fate like a soldier. This left but one other course open. If Mr. Davis were to be punished at all, it must be for treason. The idea appealed to the radicals with something of the same zest that a child experiences from its first gaudy toy, and for a time they fairly reveled in visions of a court martial which, unincumbered of the troublesome rules of evidence observed in courts of law, would speedily give the desired result.

But fortunately for the American people, there were men in the Cabinet and in Congress, who knowing the law, clearly saw that such a course of procedure must shock the whole civilized world and reduce the guarantees of the Constitution to a parity with the so-called organic law of the revolutionary despotisms of Central American and South America. Against this sentiment the ravings of the vindictive cabal availed nothing, and, as the months went by, it became evident that if a trial ever came, it must be according to the laws of the land.

XXXII. Indictment of Mr. Davis

In the meantime Mr. Davis was constantly demanding that he be given the speedy and impartial trial provided in such cases by the Constitution.

Charles O'Connor, then the greatest of living lawyers, Henry Ould and many other leading members of the bar from the Northern states volunteered to defend Mr. Davis, while Thaddeus Stevens proffered his services to Clement C. Clay. Horace Greeley, through the columns of the _Tribune_, constantly demanded that Mr. Davis be either liberated or brought to trial, and by the spring of the year 1866 he had created such a sentiment throughout the country in favor of his contentions that the government could no longer delay some action.

Accordingly in May an indictment was procured, charging Jefferson Davis with high treason against the United States, and in June of the same year Mr. Boutwell offered a resolution in Congress that the accused should be tried according to the laws of the land, which passed that body by a vote of 105 to 19.

But despite that resolution, there were those who clearly foresaw the danger involved in it, and hoping that time might dispose of the necessity for any trial at all, urged delay as the wisest measure. Consequently, despite the efforts of Greeley and Gerritt Smith, and other great men of the North, the trial was postponed until May, 1867.

Mr. Davis, weak pale and emaciated, appeared before Chief Justice Chase sitting with Justice Underwood in the Circuit Court at Richmond. The court-room was crowded to its utmost capacity and despite the stern discipline sought to be enforced it was with the greatest difficulty that the applause could be suppressed that from time to time greeted the profound logic and masterly eloquence of Charles O'Connor's great speech on a motion to quash the indictment. The arguments lasted two days and at their conclusion Chief Justice Chase voted to quash the indictment, while Justice Underwood voted to sustain it, thus necessitating a reference of the matter to the Supreme Court of the United States for final decision. In accordance with a previous arrangement Mr. Davis was soon afterward admitted to bail, Horace Greeley, Gerritt Smith, Augustus Schell and a number of other former political enemies becoming his bondsmen.

XXXIII. Why Davis Was Not Tried for Treason

From that moment the administration knew that Jefferson Davis would never be tried for treason and drew a long breath of relief. Yes, the administration knew, but the general public, beyond the gilded vagaries about humanity and the magnanimity of a great nation to a vanquished foe, sedulously promulgated to obscure the real reason, has never understood why Jefferson Davis was never tried for the high crime which it was alleged that he had committed against the United States.

Unfortunately the restricted space at this time at the disposal of the author precludes anything more than setting forth the conclusions based upon the evidence now in his possession, of why this charge was so joyously abandoned by an administration which less than two years before had moved heaven and earth to discover any pretext which might lend the color of justice to the summary execution of the illustrious chieftain of the Confederacy.

To one in any way acquainted with popular sentiment, with the temper of the administration even in 1867, all declarations of magnanimity, generosity and abhorrence of extreme measures must seem the merest cant. It is, of course, not beyond the pale of possibility that those who in 1865 were willing to descend to any depths of infamy to secure a pretext for the execution of Mr. Davis _might_ have experienced a change of heart in two years sufficiently marked to create conscientious scruples against putting him upon a fair trial in a court of justice on the charge of treason. But that theory of the case would be altogether unlikely even if we did not know that the desire of the administration to hang Jefferson Davis was just as intense in 1867 as it was two years before. That it did not attempt to accomplish that result through the regular channels of justice, is due entirely to the fact that such a trial would have opened up the whole question of secession for final adjudication by our highest court of last resort. It would have been a trial not so much of Mr. Davis as of the question of state rights, and the able lawyers of the administration, partisans as they were, had no desire to see the highest judicial body of the land reverse an issue which had been satisfactorily decided by the sword.

Charles O'Connor's bold declaration that Jefferson Davis could never _be_ convicted of treason under the Constitution as it then stood first aroused the administration to the dangers of the task that it had assumed. Mr. Johnson sent for his attorney-general and had him prepare an opinion on the case. In due time it was submitted. It was a veritable bombshell which fairly demolished every theory upon which Jefferson Davis might have been convicted of treason or any other crime.

Mr. Johnston then called to his aid two of the greatest constitutional lawyers of the age, and they agreed with the conclusions of Mr. Stanberry. Not satisfied with this, he invited the chief justice to a conference for a full discussion of the matter.

If there was ever a partisan, it was Salmon P. Chase, but at the same time he was a great lawyer and an honest and fearless man. "Lincoln," he said, "wanted Jeff. Davis to escape. He was right. His capture was a mistake, his trial will be a greater one. We cannot convict him of treason. Secession is settled. Let it stay settled!" Significant words truly from that source, and they explain the vote of the great judge who would have quashed the indictment against Mr. Davis no less than the question so often asked, "Why was Jefferson Davis never tried for treason?"

Immediately after Mr. Davis' release on bond, he went with his family to New York, and a few weeks later to Montreal, where he continued to reside until May of the following year when he again appeared before the Circuit Court in Richmond for trial. But despite the efforts of his counsel to force a trial of the case, it was dismissed by the government and thus ended ingloriously the boast of the government that it intended "in the arch traitor Davis to make treason odious."

XXXIV. Freedom, Reverses, Beauvoir

Impaired in health and longing for rest far away from the tragic scenes of the past few years, Mr. Davis accepted the invitation of English friends to visit them. But it was soon discovered that his visit was to be a continuous ovation. Everywhere he was greeted as though he had been the conqueror instead of the vanquished. The spirit that prompted those manifestations he appreciated, but it revived sad memories of the cause for which he had staked all and lost, and to avoid this lionizing he took up his residence in Paris.

The cordiality of the Frenchmen, however, surpassed that of their English brethren, and Mr. Davis soon found himself so much in the public eye that he decided to return to England. Before quitting Paris, the emperor conveyed his desire for an audience, which Mr. Davis courteously refused. Napoleon, he conceived, had acted in bad faith with the South and such was the moral rectitude of the man that he could never disguise his contempt for any one, of however exalted station, whom he believed to be guilty of double dealing of any kind.

As the guest of Lord Leigh and the Duke of Shrewsbury in Wales, Mr. Davis' health gradually improved until he felt himself once more able to enter an active business of life. The war had left him a poor man, and when a life insurance company of Memphis offered him its presidency with a fair salary he accepted, and with his family returned to America. The people of Memphis soon after his arrival presented him a fine residence, but this he refused.

Mr. Davis was probably a very poor business man and his associates of the insurance company were in no way superior, for its affairs soon became anything but prosperous. All of his available capital was invested in it, but this he gladly sacrificed in order to sell his own company to a stronger one which could protect the policies of the former.

The people of Texas, learning of Mr. Davis' losses offered to give him an extensive stock farm in that state, but this he also refused.

Upon the Gulf of Mexico, near the little station of Beauvoir, Mr. Davis owned a tract of land which he conceived would support his family, and there, far from the strife of the busy world, he resolved to spend the declining years of his life. However, retirement at best could only be partial, for a man loved and venerated as Mr. Davis was throughout the South, and Beauvoir accordingly became the shrine of the public men who sought the counsel of its sage. But with the modesty characteristic of the man he refused to advise any one upon measures of national import, since by the action of Congress he was forever disfranchised.

He would not ask pardon, sincerely believing that he had done no wrong, and when the people of Mississippi would have elected him to the United States Senate he declined the honor in words which should be perused by all who know the man as he was, during this period of his life: "The franchise is yours here, and Congress can but refuse you admission and your exclusion will be a test question," ran the invitation to which Mr. Davis replied: "I remained in prison two years and hoped in vain for a trial, and now scenes of insult and violence, producing alienation between the sections, would be the only result of another test. I am too old to serve you as I once did and too enfeebled by suffering to maintain your cause."

Any word that might serve to still further increase that alienation never passed the lips of the gentle, kindly old man, who still the idol of his people, preferred to all honors the quiet life there among the pines, where amidst his flowers he played with his children and their little friends, and far into the night, surrounded by his books, he worked assiduously upon his only defense, "The Rise and Fall of the Confederate States of America." The concluding paragraph of that book, written in the gray dawn of a summer morning after a night of continuous labor, should be read by every one who would understand the motives that actuated Jefferson Davis in the great part that he played in the world's history.

"In asserting the right of secession it has not been my wish to incite to its exercise. I recognize the fact that the war showed it to be impracticable, but this did not prove it to be wrong; and now that it may not be again attempted, and the Union may promote the general welfare, it is needful that the truth, the whole truth, should be known so that crimination and recrimination may forever cease, and then on the basis of fraternity and faithful regard for the rights of the states there may be written on the arch of the Union 'Esto perpetua.'"

It is the voice of the soul in defeat, yet strong and conscious of its own integrity, recognizing the inevitable and praying for peace and the perpetuation of that Union which Jefferson Davis still loved.

XXXV. Death of Mr. Davis

His life's work was done with the completion of his book, and trusting to impartial posterity for that vindication of his motives which he realized must come some day, he turned away from the scenes of controversy and contentions, seeking in books, the converse of his friends, in long rambles with his children across wood and field, for oblivion of all painful memories. Defeat and persecution never embittered him. Cruel and false accusations found their way to his sylvan retreat. That they grievously wounded can be doubted by no one who knew his proud spirit, supersensitive to every insinuation of dishonor, but with the gentle smile of a philosopher he passed them by, fully realizing that his beloved people of the South, at least, would understand the stainless purity of all his motives.

A harsh or an unkind word never passed his lips concerning any of his personal or political enemies. In fact, it would be no more than the truth to say that this gentle old man cherished no sentiment of enmity toward any of God's creatures. The storm and stress of life were over, its hopes and its passions were dead, and grandly, majestically this man, who at once embodied the highest type of American manhood and all of the virtues of the perfect Christian gentleman, calmly awaited the end. It came on the 6th of December, 1889, in New Orleans, at the home of Judge Fenner, his life-long friend. When the news of his death went forth, even the voice of malice was subdued, and many of those who had sought to fix everlasting infamy upon his name ceased for a time to be unjust and agreed that a majestic soul had passed. Over the bier of the dead chieftain the whole South wept and nine of its governors bore him to the grave.

No proper estimate of the life and character of Jefferson Davis is possible in the restricted scope of this work, but lest I should be accused of partiality I shall here append the conclusion of Ridpath, the historian, written after a residence of almost a year under the same roof with Mr. Davis, which I heartily endorse as a correct estimate of the man.

"Before I had been with Mr. Davis three days every preconceived idea utterly and forever disappeared. Nobody doubted Mr. Davis' intellectual capacity, but it was not his mental power that most impressed me. It was his goodness, first of all, and then his intellectual integrity. I never saw an old man whose face bore more emphatic evidences of a gentle, refined and benignant character. He seemed to me the ideal embodiment of 'sweetness and light.' His conversation showed that he had 'charity for all and malice toward none.' I never heard him utter an unkind word of any man and he spoke of nearly all of his famous opponents. His manner may be best described as gracious, so exquisitely refined, so courtly, yet heart warm. Mr. Davis' dignity was as natural and charming as the perfume of the rose--the fitting expression of a serene, benign and comely moral nature. However handsome he may have been when excited in battle or debate, it surely was in his own home, with his family and friends around him, that he was seen at his best; and that best was the highest point of grace and refinement that the Southern character has reached."

Lest any foreigner should read this statement, let me say for his benefit that there are two Jefferson Davises in American history--one is a conspirator, a rebel, a traitor and "the Fiend of Andersonville"--he is a myth evolved from the hell-smoke of cruel war--as purely an imaginary a personage as Mephistopheles or the Hebrew Devil; the other was a statesman with clean hands and pure heart, who served his people faithfully from budding manhood to hoary age, without thought of self, with unbending integrity, and to the best of his great ability--he was a man of whom all his countrymen who knew him personally, without distinction of creed political, are proud, and proud that he was their countryman.

This is a conclusion by no means extravagant, a conclusion which, despite the fact of some mental faults that prevented him from quite attaining to the first rank of the greatest statesman, nevertheless leaves him pre-eminent as one of the purest and best of the men who has played a conspicuous part in the world's history.

FINIS.

End of Project Gutenberg's The Real Jefferson Davis, by Landon Knight