May 10, 1865. It's not a date that many of us are familiar with - not like April 9, 1865, when Lee surrendered the Army of Northern Virginia to Ulysses S. Grant, nor April 14/15 1865, which marked the assassination of Abraham Lincoln and his final hours the next morning (at 7:22 A.M., in the Peterson House across the street from Ford's Theater). Yet most Southern born whites are aware of May 10th. On that day, more than when Lee surrendered (or when Joe Johnston Surrendered to William Sherman on April 26, 1865) a dream finally ended in Irwinsville, Georgia. It was the final minutes of the existence of the government of the Confederate States of America, when it's leader Jefferson Davis was captured by Yankee soldiers on patrol. To most of the nation it was like a final squib in a noisy, bloody war, and soon many would be screaming for the trial and conviction of Davis for high treason, and his (in Northern eyes) execution. This book by Burke Davis covers the events of April - May 1865 from Davis' perspective, and also his post-Civil War career. It is a fascinating story in it's own right.
Davis was one of the most prolific southern historians writing on the American Civil War, and while reading this book one can see he is repeating a few of the anecdotes he put into other volumes he wrote on subjects like Sherman's Atlanta Campaign and march to the sea. But Davis is always an interesting anecdotist, so wondering through is books and finding the cadence and points of his repeated stories is like finding an old friend again. By the way Burke Davis was not a relative (as far as I know) of Jefferson Davis, but he was capable of getting the story correct to past down to present day readers.
We have to back-track a little, to April 2, 1865. That day Davis was attending Church when he got word that General Lee had to retreat from a previously held position at "Five Forks", due to a breakthrough there by Federal Cavalry under Major General Philip Sheridan and Major General Gouveneur Morris the previous day. Had Five Forks held the still existing stalemate on the Petersburg line against the Union would have continued, but it didn't. Lee's sad message was that he advised Davis and the Confederate Government to vacate the capital at Richmond, as it was no longer tenable for the Army of Northern Virginia to protect the capital. Davis hastily called together his cabinet, and informed them of the disaster, and that he was going to flee Richmond with the Confederate treasury, and archives, and advised them to do the same. They agreed to do so, and that afternoon Davis and his wife Varina and their family left Richmond for the last time in the war. With them were several hundred thousand dollars in Confederate gold, and some other major figures of the government, including Secretary of State Judah Benjamin. Orders were also given to torch all military stores in Richmond so that the Union forces could not use them - but (as in the case with Atlanta the previous fall) the fires got out of control and many non-government dwellings were burnt as well. Two days afterwards, Abraham Lincoln accompanied by his son Tad and Admiral David Dixon Porter toured Richmond (and Lincoln would actually spend an hour in Davis's Richmond "White House", sitting at Davis's desk).
When Davis fled Richmond he knew that Lee cold only slow down his own inevitable surrender to the forces of Grant, thus buying Davis some time to get as far away as possible. By this time Lee felt the war was basically finished, but he figured that Davis (due to his notoriety as head of the Confederate Government) could use the chance to flee the country. He really under-estimated his former chief. Davis knew that there was a large pair of armies in North Carolina under Joseph Johnston, Pierre Beauregard, and William Hardee, plus still large forces in Alabama under Davis' old brother - in - law, General Richard Taylor, and a final large army under Edmund Kirby Smith in Texas. Davis felt that as long as he was active and on the move he could stir these forces to continue the fight, until he could reorganize the still willing Confederate supporters to form guerilla armies in the mountains and hills of the West. Now today we sought of dismiss this idea as a hopeless pipe dream of President Davis. War weariness was sweeping the entire South after four years of active struggle for independence. In 1862-63 there were some moments (following Lee's victories in Virginia, and even Bragg's victory at Chickamauga) when the Confederates almost had victory in their grasp. But for every Second Manassas there was an Antietam Creek, for every Chancellorsville there was a Gettysburg, and for that close victory at Chickamauga there was a devastating Chattanooga Campaign a few months later. Those pendulum swings became bigger and bigger, and chances of final Confederate recovery less and less. Also Davis forgot that while such fighters as John Singleton Mobley proved that guerilla warfare could be honorable when conducted by a fair fighter, to most Southerners the term "Guerilla" suggested criminal types like William Quantrill of Missouri. Davis' hopes were so desperate that they may never have been likely to have succeeded to begin with.
He soon learned this for himself when he met Johnston, Beauregard, and Hardee in Carolina. It must have been galling to Davis to meet Johnston and Beauregard at all at a time like this. His history of dealing with Joseph Eggleston Johnston had always been prickly, and one can say the fault was not entirely Davis's (although his own egotism certainly did not help matters). Both had argued over strategy from day one of the war, Johnston had been opposing Sherman through most of 1864 in Georgia, and had proved an able opponent to the latter (as a curious result both men ended up highly respecting each other's military abilities, and became close friends after the war ended). But Johnson tried to avoid a formal fight with Sherman until he could pick the right location for the battle for his own advantage. Davis got tired of his "fabian" tactics, and in August 1864 replaced Joe with John Bell Hood. Hood was a believer in attacking at all costs - as a result, Atlanta (which Johnston had successfully prevented from falling to Sherman all through the summer of 1864) fell to Sherman's troops on September 2, 1864, after a series of bloody battles the Confederates could not afford to lose. Johnston was on a sideline for months, while watching Hood destroy the Army of Tennessee in a doomed campaign in that state at the battles of Spring Hill, Franklin, and Nashville. The small remnants of that army were now under Johnston, Beauregard, and Hardee in North Carolina, and two of the commanders there had little patience with Davis in terms of his military ideas. Beauregard too had been demoted and pushed about after some public rows with Davis, and while he and Johnston were rarely in agreement on strategy they both were determined not to listen to any ideas by the Confederate President. Hardee had never disagreed with Davis, but he followed the leads of the other two commanders.
After a few days with Johnston (who told Davis that he would be asking Sherman for surrender terms as soon as possible), Davis left to get into Georgia, and hopefully turn west towards Alabama and then Texas. While in Carolina he lost two of his major Cabinet figures: Judah Benjamin and Secretary of War John C Breckenridge. Both felt they should head for the coast and possible passage to Cuba by blockade runner. Both made it, and Benjamin ended up (eventually) in England. He would soon begin a new career there returning to his own first love, the law. Passing through the Inns of Court there, Benjamin (although in his 50s) was soon a junior barrister on some cases involving corporate law. His big chance occurred in 1866 (less that a year after his arrival and beginning of cramming at an inn of court). The case he was on dealt with the cargo of a ship and some arcane point of law regarding manifests. Suddenly listening to the discussion in the British court, Benjamin realized he had argued a case identical to it some twenty years earlier in America - before the U.S. Supreme Court). Frantically he forced his senior barrister to stop talking and explained that he know how to resolve the problem. This sort of behavior was rarely heard in British courts, but the flustered senior barrister told the Lord Justice that Mr. Benjamin insisted on being heard. Judah proceeded to explain what had been determined in the 1853 case he handled, and it was on the mark as good law. Only one confusion for "M'lud" - he had to get clarification of the court hearing the earlier case. In 1866 British courts rarely heard references to "the United States Supreme COurt". Judah explained it to the satisfaction of the justice, and the case was won by Judah for his client. It made the man. By the time he retired in 1880 (and there are nice photos of the smiling Judah Benjamin wearing the traditional wigs of British courts) Judah was one of the leading figures of the British bar, and had authored a treatise (still in print, by the way) on commercial paper. Only one thing was denied to him - regretfully. The U.S. government refused to allow the British government to make Judah a justice. But when he retired the entire British legal establishment would give him a hugely attended farewell dinner (which is a great and rare honor).
As for Breckenridge, he would get away to Europe too, but in the late 1860s returned to the U.S., and eventually returned to live out his last years (he died in 1875) in his native Kentucky.
Davis had sent Varina and their children ahead from North Carolina, and caught up with them in Georgia. But the dangers were increasing as there were more and more Yankee patrols. Furthermore Davis was widely suspected of being involved in the murder of President Lincoln (Davis was still highly critical of Lincoln's war policies, but he felt that Booth's actions were more harmful for the South than the actor-assassin thought; Davis felt Lincoln would have been more generous to the South than either President Andrew Johnson (an old foe on the U.S. Senate floor from the period before Mississippi seceded from the Union) or Secretary of War Edward Stanton). Davis was still hoping he would avoid capture and get to Alabama and finally Texas for a final stand to save the Confederacy. But on May 10, 1865 a patrol caught up with Davis and his party. Unfortunately for his reputation, Davis put on a shawl that belonged to Varina when he was captured. Rumors would circulate that Davis was captured wearing his wife's dress! Images of the cross-dressing (apparently cowardly) Davis were widely circulated in the North. It seemed like the final nail on his public persona.
He was taken to Fortress Monroe in Virginia as a prisoner, put into the hands of Northern Cavalry general Nelson Miles. Miles saw to it that Davis was force to wear fetters and chains as he was seriously being considered for a treason trial. Davis (who suffered from several illnesses, such as neuralgia) began physically sufferring. He was visited by some distinguished people, and they started complaining of this treatment. Miles quickly relaxed the regimen. Soon the public began pressing the government about when Davis would stand trial. He was brought up on treason charges, but then his bail was paid by some distinguished Northerners, Horace Greeley and Commodore Vanderbilt among them. Released on bail, Davis went back to his family. I may add that there never was any treason trial. It was 1867 and the split between President Johnson and the Radical Republicans ended any possible cooperation on a treason trial (indeed, within a year, Andrew Johnson would be facing impeachment and possible removal from office). Also there was backlash about the harsh fate of Mrs. Mary Surratt at the Lincoln Conspiracy Trial in May to July 1865, ending in her execution. Mrs. Surratt's trial was a military tribunal, but in 1867 her son John was returned to the U.S. to face a trial regarding his involvement. it was a civilian trial. It ended in a hung jury. The times had changed.
Davis returned to Mississippi and his still existing plantation. He would be involved in some attempts at being a business man, and also he would write his own study of his involvement in the Civil War. Burke Davis also suggests that the ex-President may have also had an affair with the wife of a close friend. His life would end in 1889, but a year or so prior to his death he toured Mississippi, Alabama, Georgia, the Carolinas, and Virginia, and everywhere he went the crowds of White Southerners cheered him. Even if one disagrees with Davis's still fully active racist support for first Slavery and then Jim Crow, one has a sense that it was nice for him to be still a hero to millions of his fellow southerners. There were (of course) carping critics. Johnston and Beauregard never stopped attacking him for major policy and military mistakes they disagreed with him on. Also there were Northerners. One memorable moment involved the nephew of the Bulloch brothers of Atlanta, active Confederate agents. The nephew had been born in 1858 and lived with his southern mother and northern father in New York City, and had grown up to be something of a politician and historian. In a memorable newspaper squabble Davis defended himself and his reputation from the young man's claims that he was a traitor. Davis felt he had always been faithful to his real country, the Confederacy. The young man disagreed to the end - and would later learn what it was to be a President in his own right. His name was Theodore Roosevelt.
Davis died in 1889. His reputation has been clouded again because of his stands regarding slavery and Jim Crow, which is unfortunate, and for his failures as a leader when measured against Lincoln's. But people like Lincoln are extremely rare in history, and even he has been knocked about for not being in the forefront of seeking racial equality from the start of the period that he was a political figure. Davis, given his strong will, his character flaws, his moral inflexibility, did not do a totally uncreditable job as President of the Confederate States. It was just he was not Lincoln. The Burke Davis volume is a good place to take another look at this fascinating if flawed man, and see how with his back to the wall in April 1865 he really tried to keep a momentum under the government he presided over.