Wednesday
May 16, 1866
The Evansville journal (Evansville, Ind.) — Indiana, Vanderburgh
“Davis Goes to Trial (Maybe): How Washington Is Rewriting the Rules of War”
Art Deco mural for May 16, 1866
Original newspaper scan from May 16, 1866
Original front page — The Evansville journal (Evansville, Ind.) — Click to enlarge
Full-size newspaper scan
What's on the Front Page

Just one year after Lee's surrender at Appomattox, America remains transfixed by the trial of Jefferson Davis. The front page buzzes with Washington speculation: Chief Justice Chase has signaled willingness to preside over Davis's trial in Richmond come June, but only if President Johnson issues a proclamation ending martial law in Virginia. The indictment itself is damning—Davis stands charged with treason for "unlawfully, falsely, maliciously, and traitorously" conspiring to wage insurrection on June 15, 1864, in Richmond. Meanwhile, Congress prepares its own case through the House Judiciary Committee, which is assembling "a chain of circumstantial evidence" gathered from the ruins of the Confederacy. The newspaper also reports on South American upheaval: Colombia's President Mosquera is consolidating power after quashing an insurrection and has negotiated treaties with England and the Vatican. Brazil's fleet is mobilizing near Paraguay. And closer to home, officers who served in the Civil War are resigning their commissions in waves—the Army is quietly shrinking as the nation retools itself.

Why It Matters

May 1866 is a pivotal moment in Reconstruction. The Civil War officially ended just thirteen months earlier, but the question of what to do with the Confederacy's leaders—especially Jefferson Davis—remains raw and contested. Should he be tried for treason? What about those who fought under orders? The passage of the judicial bill printed here reveals the federal government grappling with a knotty problem: how to shield Union officers from prosecution under state law for actions taken during wartime under military orders. This is the legal architecture of Reconstruction taking shape in real time. Internationally, the collapse of European colonialism in the Americas was creating power vacuums that the U.S. would eventually exploit. The moment feels transitional—the war is over, but the peace is still being negotiated.

Hidden Gems
  • Colonel Ed. G. Mathey, a Union officer from the 17th and 18th regiments, publicly refuses a Democratic Party nomination for county recorder because modern Democrats dare to 'eulogize the skies' of prominent traitors while ignoring Union soldiers 'who have fought and died.' This letter reveals the bitter political fracture over Reconstruction—even local Indiana politics cannot escape the war's shadow.
  • The newspaper prints a lengthy judicial act providing that military officers who made arrests or seized property 'under or by any order...issued by the President or Secretary of War' during the rebellion cannot be sued afterward. This is amnesty by another name, protecting Union officers from vengeance prosecutions in hostile Southern states.
  • Secretary Seward left Washington this morning by six o'clock train 'en route for Auburn, by way of New York city' with an expectation to be absent about a week—casual travel reporting that masks the fact that Seward, who survived the assassination conspiracy against Lincoln, is one of the most hunted men in America.
  • The Senate confirmed W. Calvin Brown as Consul at Aunsburie (likely Aix-en-Provence) and Frank Swan as Consul at Naples—the U.S. is quietly rebuilding diplomatic presence across Europe and the Mediterranean just as it reconstructs the South.
  • The Cincinnati river report notes the Ohio River has 'risen inches; channel open. Thermometer 80 degrees'—tiny weather data that speaks to the logistics of river commerce that would rebuild the interior economy.
Fun Facts
  • Jefferson Davis, whose trial dominates the front page, would never actually be tried. He was released on bail in May 1867 and charges were eventually dropped in 1868. His vindication in Northern eyes came partly because prosecuting him became politically toxic—exactly the kind of divisive outcome Chase and Johnson were trying to avoid.
  • Chief Justice Salmon Chase, who is negotiating the terms of Davis's trial here, had been Lincoln's Treasury Secretary and was a rival for the 1864 Republican nomination. He remained deeply ambivalent about Reconstruction: he wanted Davis held accountable but feared military trials would poison the peace. His hesitation here foreshadows the broader failure of Reconstruction.
  • The judicial amendment printed here—protecting officers from civil suits for wartime actions—would become a template for post-war amnesty across defeated nations for the next 150 years, from Germany after 1918 to Rwanda after 1994.
  • President Mosquera of Colombia, celebrated here for his treaties with England and the Vatican, was himself a former military strongman. The 'insurrectionary movements' he denounces were part of a cycle of civil wars that would plague Colombia for decades—instability the U.S. would later exploit.
  • The massive flow of officer resignations reported here—with names and dates catalogued—represents the peacetime demobilization of the largest military the U.S. had ever fielded. Within months, the army would shrink from over a million to fewer than 30,000 men.
Contentious Reconstruction Politics Federal Crime Trial Politics International Military Legislation
May 15, 1866 May 17, 1866

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