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!
__________________ "The American people and the Government at Washington may refuse to recognize it for a time but the inexorable logic of events will force it upon them in the end; that the war now being waged in this land is a war for and against slavery." Frederick Douglass
"Loyalty to our ancestors does not include loyalty to their mistakes." George Santayana
I'd would think for those times, in the 1861 standards of moral codes of conduct -- I'd would wonder if they would put him on trial for impersonation of a woman--
Reference Official Records of the Rebellion:
HDQRS. MILITARY DISTRICT OF FORT MONROE,
May 23, 1865.
Lieutenant-Colonel PRITCHARD,
Fourth Michigan Cavalry, Fort Monroe, Va.:
COLONEL: In compliance with instructions from the Secretary of War, you will proceed to Washington with the detachment under your command and report in person to the Adjutant-General. You will take with you the woman's dress in which Jeff. Davis was captured.
By order of Brevet Major-General Miles:
N. CHURCH,
Major and Acting Assistant Adjutant-General.
-----
Reference: Brivet Major-General James H. Wilson; [Excerpt]-The corporal recognized one of the persons as Davis, advanced carbine, and demanded his surrender. The three persons halted, and by the actions of the two who afterward turned out to be women, all doubt as to the identity of the third person was removed. The individuals thus arrested were found to be Miss Howell, Mrs. Davis, and Jefferson Davis. As they walked back to the tent from which they had tried to escape, Lieutenant Dickinson observed that Davis' high-top boots were not covered by his disguise, which fact probably led to his recognition by Corporal Munger. Lieutenant Dickinson and Corporal Munger. The former states that he "was one of the three persons dressed in woman's attire," and had "a black mantle wrapped about his head, through the top of which could be seen locks of his hair.
J. H. WILSON,
Lieut. Col. Thirty-fifth Infantry, Bvt. Maj. Gen., U.S. Army,
Late Major-General of Vols., Comdg. Cavalry Corps, M. D. M.
-------
Wonder if he shaved his beard for that 'cross-dressing' adventure.
Just some thoughts.
Respectfully submitted for consideration,
M. E. Wolf
Why would the North ever bother to try Jefferson Davis for treason?
Lincoln never wanted to try Davis or any of the other Confederate leaders. He was happy to have them "chased out of the country."
If he had followed the pattern of other failed revolutions, he could certainly have set up military tribunals and had them summarily tried, sentenced and executed. For that matter, a simple "shoot on site" order to the troops pursuing Davis.
Looking at a trial, however, what did the restored Union have to gain? Grant/Lee and Sherman/Johnston set the tone for reconciliation - Sherman's first agreement with Johnston even containing a general amnesty for the Confederate government. Why should Davis be singled out when other Confederate leaders were not prosecuted? There was evidently a move from a Virginia grand jury to indict Lee for treason which was quashed by U.S. Grant.
A trial would simply have given Jefferson Davis a public platform from which to attack Lincoln, the U.S. Government, the conduct of the war, etc. Why give him so public a platform? As much as Davis was being vilified - not by the North but by the South - for losing the war, why make of him a martyr for the Lost Cause?
The most politically astute thing they could do to this ailing, broken man was to let him go, to be an object of ridicule and scorn to the very people he once led. Since they were unwilling to blame Lee for the defeat, they turned to the politicians and therefore to Jeff Davis and made him the scapegoat for the war. Why give him a chance to vent his spleen against the North and to change his post-war image? In a way, it was more of a punishment to simply let him waste away, a charity case for a Mississippi widow.
__________________ "There must be more historians of the Civil War than there were generals figthing in it... Of the two groups, the historians are the more belligerent." David Donald, Lincoln Reconsidered (1961)
Timewalker is correct. IF the North really wanted Davis dead for treason; it could have simply been the traditional Military Court and summary execution. Quick, clean and final. John Brown became a worldwide icon, because of a treason trial. As noted above, why take a chance on doing Davis that favor? After all, it was probably what he wanted.
Jim Limber Davis was the adopted child Jefferson spent the rest of his days trying to find. You can find out more about him here: This is a heartbreaking tale of a free black orphan boy adopted by Jefferson Davis and his family. After Davis was arrested by the Union army, Jim was kidnapped and taken to the North as an unwilling example of the cruelties meted out by Davis to the boy. One illustration shows Jim exposing his welt-covered back to shocked Northerners. In reality, his scars were not from the beatings suffered under the Confederate president, but from the boy's uncle. http://www.amazon.com/Jim-Limber-Davis-Orphan-Confederate/dp/158980435X
Davis wasn't wearing a dress when he was arrested M. E. Wolf, that is old war time propaganda. No dress or picture of Davis in a dress was ever released, newspapers picked up on the cover story and reported that story instead of the truth of the arrest.
He was surrounded, clubbed to the ground and kicked and beaten when Jim Davis ran out and threw himself on top of his dad. Had this been reported at the time the South may have not wanted to give up the fight!
I think a trial could have undermined the war for the North. If after all the death, a court ruled the South could leave, there would be no point to the slaughter.
After the assination of Lincoln I think there was more than a good chance that Davis would have been tried in the same manner as commander of Andersonville prison, Henry Wirz.
By a military tribunial with little or no chance at a full-fledged defense. I have no doubt in my mind secession would not have been debated as legal or such under the Constitution. He would have been convicted as a traitor to the United States and hanged.
Unionblue
__________________ "The American people and the Government at Washington may refuse to recognize it for a time but the inexorable logic of events will force it upon them in the end; that the war now being waged in this land is a war for and against slavery." Frederick Douglass
"Loyalty to our ancestors does not include loyalty to their mistakes." George Santayana
He would have been convicted as a traitor to the United States and hanged.
A more likely scenario. America doesn't have a sterling record in the rush-to-judgement arena. Wirz got caught in it. With Davis, there was a cooling-off period.
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
My guess is that any trial of Davis, if one were going to be held, would have been held very quickly, would have been a military tribunal, and the presiding officer would have quickly disallowed all evidence or argument that secession was legal or constitutional. It would have been a short and sweet affair focused purely on actions taken by Daivs in aid of the rebellion. The longer they waited, the less likely a trial became because they could no longer justify such a military tribunal.
Thus, I come back to the question - why bother? Davis was more effectively neutralized by the acourse actually taken than by making him a martyr through trial and execution.
And DJ, no matter what story was told about Davis' arrest, it was not going to pursuade the South to carry on the fight. Davis had been urging a continuation of the war through guerilla warfare since the fall of Richmond. He was roundly ignored. Lee was clearly against it and made his views that the war was over known publicly. Johnston was ordered by Davis to carry on the fight and he merely ignored Davis and surrendered. That induced men such as Morgan and Forrest, the two most likely to lead a successful continuation of the war through guerilla action to likewise lay down their arms.
By the time Davis was captured, nothing was going to make the South ready to fight again.
__________________ "There must be more historians of the Civil War than there were generals figthing in it... Of the two groups, the historians are the more belligerent." David Donald, Lincoln Reconsidered (1961)
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What If.... The Trial Of Jefferson Davis 
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