After the War Davis was imprisoned and indicted for treason There was a great deal of discussion in 1865 about bringing treason trials, especially against Jefferson Davis. While there was no consensus in President Johnson's cabinet to do so, on June 11, 1866 the House of Representatives voted, 105-19, to support such a trial against Davis. Although Davis wanted such a trial for himself, there were no treason trials against anyone, as it was felt they would probably not succeed and would impede reconciliation. There was also a concern at the time that such action could result in a judicial decision that would validate the constitutionality of secession (later removed by the Supreme Court ruling in Texas v. White (1869) declaring secession unconstitutional)
A jury of 12 black and 12 white men was recruited by United States Circuit Court judge John Curtiss Underwood in preparation for the trial.
After two years of imprisonment, Davis was released on bail of $100,000, which was posted by prominent citizens including Horace Greeley, Cornelius Vanderbilt and Gerrit Smith. Davis went to Montreal, Quebec to join his family which had fled there earlier, and lived in Lennoxville, Quebec until 1868, also visiting Cuba and Europe in search of work.Davis remained under indictment until Andrew Johnson issued on Christmas Day of 1868 a presidential "pardon and amnesty" for the offense of treason to "every person who directly or indirectly participated in the late insurrection or rebellion" and after a federal circuit court on February 15, 1869, dismissed the case against Davis after the government's attorney informed the court that he would no longer continue to prosecute Davis.