Civil War History - "What if..." DiscussionsWhat if they had attacked instead of digging in...? What if he was in charge of the army instead...? Did you ever have a "What if..." question, and you weren't sure where to post it? Here's the place to ask these speculative questions!
* President Jefferson Davis - spent about 2 years in Fortress Monroe, shackeld in chains 24/7. After that time, he was 'abruptly' released and let go - no charges of ANY kind ever leveled against him. That should tell you something about the 'legality' of Secession (obviously he couldn't legally be even charged with Treason).
* Vice-President Alexander Stephens - imprisoned in Ft. Warren until Oct. 65, then released with no charges filed. Returned to Georgia and eventually served in US House of Representatives and then became Governor of Georgia
* Secretary of State Robert A. Toombs - fled to Havana, Cuba and then to London. Returned back to US in 67 and resumed his law practice
* Attorney General\Secretary of State Judah P Benjamin - fled to Bahamas and then to England, where he practiced law. Never returned and spend his last years in France (buried in Paris' famous Pere-Lachaise Cemetery)
* Attorney General Wade R. Keys - returned to Alabama where he re-established his law practice.
* Secretary of Tresasury Gustavus C. Memminger - asked for and received an official Pardon. Retired from Politics and practiced law in Charleston SC
* Secretary of War James Seddon - imprisoned in Ft. Pulaski until Nov 65, the relased with no charges filed. Completely retired from public life to his estate in VA
* Secretary of Navy Stephen Mallory - fled with Davis and after the latter's capture, went to Georgia, where his family lived. Was arrested there and imprisoned in Ft. Lafayette until March 66, then released no charges filed. Moved to Florida where he practiced law.
* Postmaster General John Reagan - fled (and was captured) with Davis. Imprisoned (with Stephens) in Ft. Warren until Oct. 65 then released no charges filed. Returned to Texas and subsequently was elected to US House of Representatives and US Senator. Upon retiring from Public Service he became a Chairman of TX RR Commission
John
__________________ "To you, Sons of Confederate Veterans, we will commit the vindication of the cause for which we fought ...and those ideals which made him glorious and which you also cherish." General Stephen D. Lee
Thomas Fleming has a book, I don't know if its out yet or not, called "The Secret Trial of General Lee" its an alternative history, where Lee is put on trial for treason by the Radical Republicans.
Leaders of the Confederacy were let off without trials largely because the fever for vengeance was fading. As in the aftermath of Ft. Pillow, there was nothing to be gained by recrimination.
Ole
__________________ I never knew a man who wished to be himself a slave. Consider if you know any good thing that no man desires for himself. A. Lincoln
At one point, Gen. Grant had to put his foot down when a move was made to try Gen. Lee for treason.
As for the Confederate government leaders, it was widely accepted by the U. S. government, that what they had done met the definitions of treason.
Cooler heads eventually prevailed. What had they to gain from controversial trials, especially if they led to death sentences. It would only make martyrs of these men and make reconciliation more difficult.
Lincoln had hoped that the lot would just disappear, escape to wherever to spare the trouble of trials.
If Davis were convicted, he would most certainly have been sentenced to hang and that would inflame the people of the South anew.
If he were to be acquitted or convicted and given a light sentence, it would likewise infuriate all the Northern people who had lost relatives in the war.
Most of that Dixie government who did not flee were released within 6 months. Davis, as figurehead, was held about 2 years, and then was free as a bird.
__________________ -
"It was a very peculiar time." - Franklin D. Cossitt
Ancestors in USA Army: 6th IA Inf, 11th IL Cav, 1st AL Cav; 122nd NY Inf; 6th MI Cav; 35th MA Inf; 100th IL Inf; 1st CO Inf/Cav; 22nd IN Inf
Mr. Larry, Compliments,
Yes it is true Mr. Davis, his excellency was held for several years after being captured down in GA. I believe. Wearing a womans cloke on his way to his horse. His wife who was with him claimed he was so surprised by Union boys after him he just happen to grab his wifes over clothes while trying to flee. Go Figure.
Anyway yes he spent several years in a federal prison, at times shackeled hand and foot, but every one knew he could not be hung, so as to make a martyr but at the same time he must be punished.
He came close to death in that prison not only while shackled but do to conditions[cold, wet, drafty etc] but did suvive and was realeased I believe after about 2-3 years.
He lived for his remaining years I believe down on a place in Miss. with a family friend [female] for his remaining years.Drove his MRS. nuts but so what. With a little I could come up with the name of the Estate but it escapes me now.
The last home of President Davis was named Beauvoir in Biloxi, MS. I visited the site a couple of months before Hurricane Katrina, and it was a beautiful place with a wonderful museum. The hurricane, however, destroyed a large portion of it all. Photos can be seen here: http://www.beauvoir.org/
__________________ "He who feels no pride in his ancestors in unworthy to be remembered by his descendents." - Maj. David F. Boyd, CSA
Member, General Nathan Bedford Forrest Camp #1931
Sons of Confederate Veterans, Covington, LA.
...If Davis were convicted, he would most certainly have been sentenced to hang and that would inflame the people of the South anew.
If he were to be acquitted or convicted and given a light sentence, it would likewise infuriate all the Northern people who had lost relatives in the war.
Most of that Dixie government who did not flee were released within 6 months. Davis, as figurehead, was held about 2 years, and then was free as a bird.
Davis was imprisoned from May of 1865 to May of 1867. IIRR, he spent 3 days in chains in the beginning.
He had been indicted for Treason by a Virginia Grand Jury, but was held without trial during that time. In 1867 a number of people North and South contributed money to a fund for his defense, a writ of habeas corpus was brought, and he was released on bail ($100,000) to await trial. Among the contributors: Horrace Greeley and Gerrit Smith (of Secret Six fame). Charles O'Conor of New York volunteered to act as his counsel, assisted by Robert Ould of Richmond.
They challenged the indictment and the case worked its way up to the Federal Circuit Court for Virginia. It was finally heard in December 1868 by Chief Justice Chase and Judge John C. Underwood, who split on the matter. It was then referred to the Supreme Court.
That became meaningless because Davis was covered under the General Amnesty of December 25, 1868. In February 1869 a motion of nollo prosequi was given as a result, the bail money was returned, and Davis was, indeed, as free as any other ex-Confederate under those terms.
Davis was elected Senator again in 1875. However, he was refused his seat by the Congress under the prohibitions of the XIV Amendment. In 1876 Congress considered removing these restrictions, but an amendment to the bill was added excepting Davis by Senator Blaine. In 1879, Davis was especially excluded from the Mexican War veterans pension bill due to the efforts of Zacariah Chandler.
Regards,
Tim
* President Jefferson Davis - spent about 2 years in Fortress Monroe, shackeld in chains 24/7. After that time, he was 'abruptly' released and let go - no charges of ANY kind ever leveled against him. That should tell you something about the 'legality' of Secession (obviously he couldn't legally be even charged with Treason).
On this part, the information is a bit off.
Davis was imprisoned from May of 1865 to May of 1867, but IIRR was only in shackles for three days.
He had been indicted in 1865 for Treason by a Virginia Grand Jury. Davis was pushing for an immediate trial and seems to have believed he could win not only his freedom but also the retroactive recognition of the "right of secession" in court. The Federal government refused, saying they needed time to prepare the case due to the complex issues involved.
In 1867, a group of citizens (North and South) contributed to a defense fund and pledged bail. His attorneys had him released through Habeas Corpus on $100,000 bond, May 13, 1867.
His attorneys then challenged the indictment, and that motion was argued before the Circuit Court for Virginia in December 1868. On a split decision, it was referred to the US Supreme Court.
On December 25, 1868 there was a General Amnesty for ex-Confederates. Davis was covered by it. In February 1869 therefore the charges against Davis were set aside, since the only result of upholding the indictment would be to release him anyway.
Legally, what all that means is that a very involved case was working its way through the courts when he was pardoned along with all the rest. He was charged with Treason and could have been brought to trial over it -- but at that point, what would be the purpose?