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==Imprisonment== [[File:Davis in casemate by A. Waud (cropped).jpg|thumb|upright=1.15|left|[[Sketch (drawing)|Sketch]] of Davis in [[Fort Monroe]] casemate by [[Alfred Waud]] (1865)]] On May 22, Davis was imprisoned in [[Fort Monroe]], Virginia, under the watch of Major General [[Nelson A. Miles]]. Initially, he was confined to a [[casemate]], forced to wear [[Legcuffs|fetters]] on his ankles, required to have guards constantly in his room, forbidden contact with his family, and given only a Bible and his prayerbook to read.{{sfn|Eckert|1987|pp=xxii–xxiv}} Over time, his treatment improved: due to public outcry, the fetters were removed after five days; within two months, the guard was removed from his room, he could walk outside for exercise, and he was allowed to read newspapers and other books.{{sfn|Eckert|1987|pp=xxv–xxvii}} In October, he was moved to better quarters.{{sfn|Cooper|2000|p=537}} In April 1866, [[Varina Davis|Varina]] was permitted to regularly visit him. In September, Miles was replaced by Brevet Brigadier General [[Henry S. Burton]], who permitted Davis to live with Varina in a four-room apartment.{{sfn|Eckert|1987|pp=xxxviii–xxxix}} In December, [[Pope Pius IX]] sent a photograph of himself to Davis.{{sfn|Hattaway|Beringer|2002|pp=430, 506 fn 130}}{{efn|The pope's photograph was inscribed {{lang|la|Venite ad me omnes qui laboratis, et ego reficiam vos, dicit Dominus}} [''Come unto me all that are heavy laden and I will refresh you, says the Lord''].}} President [[Andrew Johnson]]'s cabinet was unsure what to do with Davis. He had been arrested for complicity in the [[assassination of Abraham Lincoln]].{{sfnm|Icenhauer-Ramirez|2019|1p=[{{Google books|id=uQyWDwAAQBAJ|pg=PT228|plainurl=yes}} PT228]}} The cabinet considered trying him by [[Military tribunals in the United States|military court]] for [[war crimes]]—his alleged involvement in the assassination of Abraham Lincoln or the mistreatment of Union [[prisoners of war]] at [[Andersonville Prison]]—but could not find any reliable evidence directly linking Davis to either. In late summer 1865, Attorney General [[James Speed]] determined that it was best to try Davis for treason in a civil criminal trial.{{sfn|Nicoletti|2017|pp=[{{Google books|id=xS42DwAAQBAJ|pg=PA33|plainurl=yes}} 33], [{{Google books|id=xS42DwAAQBAJ|pg=PA36|plainurl=yes}} 36]}} In June 1866, the House of Representatives passed a resolution by a vote of 105 to 19 to put Davis on trial for treason.{{sfnm|Icenhauer-Ramirez|2019|1p=[{{Google books|id=uQyWDwAAQBAJ|pg=PT228|plainurl=yes}} PT228]|McPherson|1868}} Davis also desired a trial to vindicate his actions.{{sfn|Cooper|2000|pp=562–563}} His defense lawyer, [[Charles O'Conor (American politician)|Charles O'Conor]] wanted to argue that Davis did not commit treason because he was no longer a citizen of the United States when Mississippi left the United States.{{sfn|Nicoletti|2017|p=[{{Google books|id=xS42DwAAQBAJ|pg=PA27|plainurl=yes}} 27]}}{{efn|Historian Ethan Rafuse states Davis "had obviously committed treason",{{sfn|Rafuse|2013}} and anthropologist [[Paul A. Shackel]] states that Confederates "committed treason by seceding from the United States".{{sfn|Shackel|2022|p=47}}}} but because the trial was to be held in Richmond, Union prosecutors worried a jury might sympathize with Davis and acquit him in an act of [[Jury nullification in the United States|jury nullification]] that would be interpreted as validating the [[constitutionality]] of secession.{{sfn|Nicoletti|2017|pp=[{{Google books|id=xS42DwAAQBAJ|pg=PA6|plainurl=yes}} 6]–[{{Google books|id=xS42DwAAQBAJ|pg=PA7|plainurl=yes}} 7]}} [[File:Jeff davis leaving the Richmond court house (cropped).jpg|thumb|upright=1.2|Illustration of Jefferson Davis leaving the Richmond court house by ''[[Harper's Weekly]]'' (1867)|alt=man facing forward surrounded by people on left, right and behind cheering and waving hats or handkerchiefs]] After two years of imprisonment, Davis was released at Richmond on May 13, 1867, on bail of $100,000 (~${{Format price|{{Inflation|index=US-GDP|value=100000|start_year=1867}}}} in {{Inflation/year|US-GDP}}), which was posted by prominent citizens including [[Horace Greeley]], [[Cornelius Vanderbilt]] and [[Gerrit Smith]].{{sfn|Rubin|2005|pp=204–205}} Davis and Varina went to [[Montreal, Quebec]], to join their children who had been sent there while he was in prison, and they moved to [[Lennoxville, Quebec]].{{sfn|Davis|1991|p=656–658}} Davis remained under indictment until after [[Pardons for ex-Confederates#Andrew Johnson|Johnson's proclamation on Christmas 1868]] granting amnesty and pardon to all participants in the rebellion.{{sfn|Johnson|1868}} Davis's case never went to trial. In February 1869, Attorney General [[William Evarts]] informed the court that the federal government declared it was no longer prosecuting the charges against him.{{sfn|Cooper|2000|p=582}}
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