Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Texas Mulerider
He then announced that since his functions were terminated, he would be going home to Mississippi. Foote writes that Davis stayed in Washington a few days afterward, hoping to be arrested for treason, thereby testing the doctrine of secession in the federal courts.

Which goes more towards pointing out Davis's abysmal understanding of the law and the Constitution tahn anything else. The Constitution defines treason. What exactly had Davis done that qualified? Resigning from the Senate isn't treason. Advocating secession isn't treason. The South hadn't started the war yet. What treasonous act had been committed?

Now assuming for the sake of arguement that Davis had committed treason. He would have been arrested, tried in federal court, convicted, appealed, conviction upheld, and appealed again before it would have gotten to the Supreme Court. The rebellion short-circuited that path just a little bit.

207 posted on 08/28/2007 10:28:36 AM PDT by Non-Sequitur (Save Fredericksburg. Support CVBT.)
[ Post Reply | Private Reply | To 202 | View Replies ]


To: Non-Sequitur
Advocating secession isn't treason.

No, but many of Jefferson Davis's contemporaries claimed that actual secession was treason...and that's exactly what Davis said he was joining. Mississippi had already seceded.

210 posted on 08/28/2007 11:24:45 AM PDT by Texas Mulerider
[ Post Reply | Private Reply | To 207 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson