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

To: budo
Jefferson Davis was explicitly NOT tried for treason because his northern captors knew they would lose in open court on constitutional grounds.

Finally someone who admits that there were Constitutional grounds why Davis and his gang were never tried. But, I assume, that you arguement would be that secession was protected by the Constitution and that is, of course, false. Davis wasn't tried because the 14th Amendment had been ratified. Since that prevented the southern leadership from holding elected or appointed office in the Federal government, Chief Justice Chase's opinion was that any trial, conviction, and sentence for treason would violate their 5th Amendment protection against double jeopardy.

183 posted on 06/26/2002 4:23:23 AM PDT by Non-Sequitur
[ Post Reply | Private Reply | To 180 | View Replies ]


To: Non-Sequitur
Do you have a link to support that double jep. stuff you're selling? Never heard of that one.

The truth is that Andrew Johnson pardoned Davis, just before a 3 judge panel could be assembled to vote on whether or not to indict him. Many wanted him tried, but those who looked into the Union's case started having second thoughts. After the pardon, they quickly lost interest. It was a convenient excuse not to try him, since he would have proven secession to be constitutional.

A voluntary Union is a more Perfect Union.

187 posted on 06/26/2002 5:31:16 PM PDT by H.Akston
[ Post Reply | Private Reply | To 183 | 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