Page:Southern Historical Society Papers volume 29.djvu/91

 The, Trial* "nil Trial of Jefferson Davis. 75

and solemn silence fell upon the vast crowd, less demonstrative than the yell, but more tender in its sympathy. As Mr. Davis stood up in the carriage, preparatory to alighting, a stentorian voice shouted: "Hats off, Virginians," and five thousand bare-headed men did homage to him who had suffered for them, and with moistened eye and bated breath stood silent and still until their representative en- tered the hotel.

The treatment which the Federal government had imposed upon Mr. Davis had made him a martyr; the applause was an attestation of that fact. Around the court-room were thousands of men who had met danger and suffered loss. Each man felt that Davis had suffered vicariously for him. If Davis was a traitor, so was he. If Davis should suffer the penalties of the law, so should he. This it was which made the feeling so intense.

The Southern people had profound respect for Mr. Davis person- ally, because of his pure character and intellectual abilities, but for him there was no such deep and abiding devotion as for Lee and many other of the military chieftains. Mr. Davis impersonated their failure; the generals their brilliant success as long as success was possible. When the victors charged him falsely with crimes abhor- rent to his nature, put him under ward and manacled him as a felon, and then indicted him as a traitor, he became their martyred hero, and history will so record him.

At the November term, 1867, Mr. Evarts, the Attorney-General, was present, representing the prosecution before Judge Underwood. Mr. Davis, through his counsel, was ready, earnestly demanding a trial. The government asked that the trial be put off until the suc- ceeding March to suit the convenience of the Chief-Justice. The defense was anxious for Judge Chase to preside, so it consented to the delay.

On the 26th of March, 1868, a new indictment was found against the prisoner, charging him in many counts with many acts of treason, conspicuous amongst which was "conspiring with Robert E. Lee, J. P. Benjamin, John C. Hreckinridge, William Mahone, H. A. Wise, John Letcher, William Smith, Jubal A. Early, James Long- street, William H. Payne, D. H. Hill, A. P. Hill, G. T. Beaure- gard, W. H. C. Whiting, Ed. Sparrow, Samuel Cooper, Joseph E. Johnston, J. B. Gordon, C. F. Jackson, F. O. Moore, and with other persons whose names are to the grand jury unknown," to make war against the United States; fighting the battle of Manassas,