I Need Help...

[L Verge]

Quite unexpectly, I have become engaged in corresponding with an elderly gentleman who is a doubting Thomas when it comes to the accuracy of history that we have been subjected to over the years. And yes, I am behaving myself...

He has hit me with several questions that I cannot answer. If you can help, I will pass the answers on to him.

#1 Was Capt. David Todd ever put on trial? While it was no secret that Abraham Lincoln and Mary Todd had far from an ideal marriage, the only time Lincoln aides saw her slap her husband across the face was on the boat back from Richmond in April 1865. Naturally there is a reason she did this. And it probably had to do with Mary's half brother David Todd. (from me - did this really happen? What was it all about other than what I presume is Confederate leanings? )

#2 Why was Jefferson Davis never put on trial for treason? Edwin Stanton believed that Davis was the mastermind behind the assassination, but there was never enough bona fide evidence of this. However, many people in the North thought that Davis should be hanged as a traitor. And what did Davis do after the war? (I have my own thoughts on this one, but would appreciate input).

[Thomas Thorne]

Jefferson Davis

The government believed that a treason trial could be only conducted in a civil court. Treason is the only crime defined in the Constitution. The military commission exemption for federal grand jury felony indictments is not mentioned in the Constitution and can only try offenses against the laws of war. One of the criteria for finding a person guilty of treason is confession in open court.

The government initially proposed 2 trials against Davis;one a military trial for his alleged role in the Lincoln Conspiracy; the other a treason trial in a civil court.

My sources disagree as to when the former was abandoned.

The Constitution requires that a trial be conducted in the district where the crime occurred. The government proposed that a treason trial be held in Virginia where Davis in his capacity as Commander in Chief of the Confederate armed certainly met one of the constitutional requirements of treason of "levying war" against the United States.

This ran into the problem of finding a Virginia jury of 12 who would unanimously find Davis guilty. It does credit to the government that they rejected the idea of packing a jury with Union partisans to find Davis guilty. An idea that was floated but rejected will be familiar to students of the John Surratt trial. Under the doctrine of "constructive presence" Davis would have been tried in Northern Federal courts for acts of treason when Confederate armies invaded Northern states.

Under the rules of procedure Chief Justice Salmon Chase and a district judge would have conducted a Davis treason trial. Chase put up various legal reasons for delaying the trial. How much of this represented his sincere legal opinion and how much was influenced by his desire to win the Democratic nomination for president in 1868 is interesting. and worth debate.

Government officials were haunted by the fear that a failure to convict Davis at trial would be a repudiation of the war to preserve the the Union. That prominent Northerners who supported the war effort but posted bail for Davis included one of the "Secret Six" who financed John Brown. is striking. Many more including Thaddeus Stevens disparaged the idea of trials for high Confederate officials. It was believed trials would undermine efforts of reconciliation between North and South.

Davis was actually indicted for treason. The indictment included a wonderful phrase borrowed from the customary legal verbiage inherited from English treason trials:

"Jefferson Davis, yeoman, Having no fear of God, and being Moved and Seduced by the Devil"

Tom

[Thomas Thorne]

This is the actual Davis treason indictment of 5/26/65

The basis of the indictment and the overt act of treason was Davis' "constructive presence" during the Confederate attack on Fort Stevens. When the government abandoned the idea of 'constructive presence' ,this indictment within DC would have had to be superseded by a new indictment in Virginia if a treason trial were to take place.

Note the quaint references to "false traitors"-are there true traitors?-and the use of cutlasses by the Confederate Army.

Posted with apologies
Using Firefox I have so far been unable to post a link to the text which can open but figured out how to post the actual text.
Tom



United States of America, District of Columbia, County of Washington, to wit: The jurors of the United States of America, within and for the County of Washington aforesaid, in the District of Columbia aforesaid, upon their oath present: That JEFFERSON DAVIS, late of the County of Henrico, in the State of Virginia, Yeoman; being an inhabitant of and resident within the said United States of America, and owing allegiance and fidelity to the said United States of America, not having the fear of God before his eyes, nor weighing the duty of his said allegiance, but being moved and seduced by the instigation of the devil, wickedly devising and disturbing the peace and tranquillity of the said United States of America, to disturb the Government of the said United States of America, and to stir, move and excite rebellion, insurrection and war against the said United States of America on the first day of June, in the year of our Lord one thousand eight hundred and sixty-four, at the County of Henrico aforesaid, in the State of Virginia aforesaid, with force and arms, unlawfully, falsely, maliciously and traitorously did compass, imagine and intend to raise, levy and carry on war, insurrection and rebellion against the said United States of America, for the subversion of the Government of the said United States of America, in the County of Washington aforesaid, in the District of Columbia aforesaid, and within the jurisdiction of this court; and in order to fulfill and bring to effect the said treacherous compass, imaginations and intentions,

he, the said JEFFERSON DAVIS, afterward, to wit, on the said 15th day of June, in the year of our Lord one thousand eight hundred and sixty-four, at the County of Henrico aforesaid, in the State of Virginia aforesaid, being then and there leagued in conspiracy with a large number of insurgents and false traitors, waging open war against the said United States of America, for the subversion of the Government of the said United States of America, and being then and there the leader and Commander-in-chief of the said insurgents and false traitors, with whom he, the said JEFFERSON DAVIS, was then and there leagued in conspiracy as aforesaid, and being then and there acknowledged, recognized and obeyed by the said insurgents and false traitors as their leader and commander-in-chief in the prosecution of the said war against the said United States of America for the subversion of the government of the said United States of America, did unlawfully, maliciously, and traiterously order and command a great multitude of said insurgents and false traitors, who were then and there, to wit, at the County of Henrico aforesaid, in the State of Virginia aforesaid, on the day and year last aforesaid, unlawfully and traitorously assembled and banded together to a great number, to wit: to the number of twenty thousand persons and upward, and who then and there acknowledged, recognized and obeyed him, the said JEFFERSON DAVIS as their leader and Commander-in-Chief as aforesaid, but whose names are to the Jurors aforesaid unknown, to march and proceed in a warlike manner -- that is to say, with drums and colors, with cannon, muskets, carbines, swords, cutlasses and other warlike weapons, as well offensive as defensive, from the said County of Henrico, in the State of Virginia aforesaid, to the County of Washington aforesaid, in the District of Columbia aforesaid, and within the jurisdiction of this county, unlawfully, maliciously and traitorously to levy and carry on war against the said United States of America, for the subversion of the government of the said United States of America, and to enable the said insurgents and false traitors to march and proceed to and invade the said County of Washington, and there to levy and carry on war against the said United States of America, for the subversion of the government of the said United States of America, and to aid and abet them in so doing,
he, the said JEFFERSON DAVIS, afterward, to wit, on the said first day of June, in the year of our Lord one thousand eight hundred and sixty-four, at the County of Henrico aforesaid, in the State of Virginia aforesaid, did provide, furnish and supply the said insurgents and false traitors so banded together as aforesaid, with a large number of horses, mules, wagons, and ambulances, and large numbers of warlike weapons, to wit: Common muskets, carbines, pistols, swords, cutlasses, and other warlike weapons; and with a large amount of ammunition, to wit: powder, shot, shells, cartridges, percussion caps, bullets, and other munitions of war; and with drums and colors; and also with a large amount of provisions, to wit: flour, corn meal, pork, bacon, beef, beans, and other provisions, for the subsistence of the said insurgents and false traitors, so banded together, as aforesaid, during their march to and while carrying on warfare against the said United States of America, for the subversion of the government of the said United States of America, in the said County of Washington, in the District of Columbia aforesaid; and afterward, to wit: on the twelfth day of July, in the year of Our Lord one thousand eight hundred and sixty-four, the said insurgents and false traitors being banded together as aforesaid, to a great number, to wit: to the number of twenty thousand persons and upward, in obedience to the said order and command so given by the said JEFFERSON DAVIS, as aforesaid,
he, the said JEFFERSON DAVIS, being then and there acknowledged, recognized and obeyed by the said insurgents and false traitors so banded together as aforesaid, but whose names to the jurors are unknown at present, as their leader and Commander-in-Chief in the prosecution of the said war against the said United States of America for the subversion of the Government of the said United States of America, with the said drums and colors, and with the said horses mules, ambulances and wagons, and with the said cannon, carbines, pistols, swords, cutlasses, powder shot, shells, cartridges, percussion caps, bullets, and with other warlike weapons, and with the said provisions, to wit: Flour, corn, meal, pork, bacon, beef, beans and other provisions, provided, furnished and supplied by the said JEFFERSON DAVIS as aforesaid, and being then and there divided into companies and regiments, did march in rank and file into and invade the said County of Washington, in the District of Columbia aforesaid, and within the jurisdiction of this court, and then and there, to wit, on the said twelfth day of July, in the year of our Lord one thousand eight hundred and sixty-four, with force of arms, did falsely, maliciously and traitorously, and in a warlike and hostile manner, array and dispose themselves in battle against the said United States of America, for the subversion of the Government of the said United States of America; and afterwards, to wit, on the said twelfth day of July, in the year of our Lord one thousand eight hundred and sixty-four, the said insurgents and false traitors so being banded together as aforesaid to a great number, to wit: the number of twenty thousand persons and upwards, and in obedience to the said order and command so given by the said JEFFERSON DAVIS as aforesaid,
he, the said JEFFERSON DAVIS, being then and there acknowledged, recognized and obeyed by the said insurgents and false traitors so banded together as aforesaid, but whom many are to the Jurors aforesaid at present unknown, as their leader and Commander-in-Chief in the prosecution of the said war against the said United States of America, for the subversion of the government of the said United States of America, and with the said drums and colors, and with the said horses, mules, ambulances and wagons, and with the said cannon, muskets, carbines, pistols, words, cutlasses, powder, shot, shell, cartridges, percussion caps, bullets, and with other warlike weapons, and with the said provisions, to wit, flour, corn meal, pork, bacon, beef, beans and other provisions, provided, furnished and supplied by the said JEFFERSON DAVIS as aforesaid, and being then and there divided into companies and regiments, having marched in rank and file, and invaded the said County of Washington, in the District of Columbia aforesaid, and within the jurisdiction of this court, and being then and there, to wit, on the said twelfth day of July, in the year of our Lord, one thousand eight hundred and sixty-four, at the County of Washington aforesaid, in the District of Columbia aforesaid, unlawfully and traitorously assembled and armed and arrayed in a hostile manner, and in a warlike manner as aforesaid; that is to say, with the said drums and colors, cannon, muskets, carbines, pistols, swords, cutlasses, powder, shot, shells, cartridges, percussion caps, and other warlike weapons, so furnished, provided and supplied by the said JEFFERSON DAVIS as aforesaid, did then and there, to wit, on the said twelfth day of July, in the year of our Lord, one thousand eight hundred and sixty-four, at the County of Washington aforesaid, in the District of Columbia aforesaid, and within the jurisdiction of this court, with force and arms, wickedly and traitorously, by means of the said cannon, muskets, carbines, pistols, swords, cutlasses, powder, shot, shells, cartridges, percussion caps and other warlike weapons, so furnished, provided and supplied by the said JEFFERSON DAVIS, as aforesaid, attack, assault and make war upon a certain fort of the said United States of America, called Fort Stevens, and known as Fort Stevens, the said fort then and there, to wit: on the day and year last aforesaid, and at the county and in the District last aforesaid, and within the jurisdiction of this court, being used and occupied by the military forces of the said United State of America, and did then and there, to wit, on the day and year last aforesaid, at the county and in the district last aforesaid, and within the jurisdiction of this court, with force and arms, wickedly and traitorously, by means of the said cannon, muskets, carbines, pistols, swords, cutlasses, powder, shot, shells, cartridges, percussion caps and other warlike weapons, so furnished, provided and supplied by the said JEFFERSON DAVIS, as aforesaid, oppose, attack, assault and make war upon the troops and military forces of the said United States of America then and there assembled, to wit, at the county last aforesaid, in the district last aforesaid, on the day and year last aforesaid, and within the jurisdiction of this court, and did then and there, to wit, on the day and year last aforesaid, and at the county and in the district last aforesaid, and within the jurisdiction of this court, with force and arms, wickedly and traitorously, by means of the said cannon, muskets, carbines, pistols, swords, cutlasses, powder, shot, shells, cartridges, percussion caps and other warlike weapons, so furnished, provided and supplied by the said JEFFERSON DAVIS as aforesaid, kill and wound a large number, to wit, the number of five hundred and upwards of the said troops of the said United States of America, and persons then and there, to wit, on the day and year last aforesaid, and in the coun y and district aforesaid, and within the jurisdiction of this court, being a part of the military forces of said United States of America; and so the jurors aforesaid, upon their oath aforesaid, do say that then and there, that is to say on the twelfth day of July, in the year of our Lord one thousand eight hundred and sixty-four, at the County of Washington aforesaid, in the District of Columbia aforesaid, and within the jurisdiction of this court, in pursuance of his traitorous inclinations, imaginings and purposes aforesaid, he, the said JEFFERSON DAVIS, with the said insurgents so traitorously assembled, armed and arrayed as aforesaid, most wickedly, maliciously and traitorously did ordain, prepare, levy and carry on war against the said United States of America, for the subversion of the Government of the said United States of America, contrary to the duty of his said allegiance and fidelity, against the Constitution, peace and Government of this United States of America, and against the form of the Statute of the said United States of America, in such case made and provided E.C. CORRINGTON,

United States Attorney for the District of Columbia.

Tom

[L Verge]

Thank you, Tom. I did pass your previous answer on to this gentleman - so far, no reply.