The reason that Confederate leaders weren’t tried for treason is the probability the courts would have found them not guilty and secession legal. It was not because Union leaders were good guys, many of them wanted to hang Davis but were uncertain how the trial would turn out.
> The reason that Confederate leaders weren’t tried for treason is the probability the courts would have found them not guilty and secession legal. <
That’s an interesting take. But suppose Andrew Johnson was the vindictive type. He could have quickly set up a military court with hand-picked officers. Sort of the way Romania got rid of Ceausescu.
Fortunately for the country Johnson - in his own clumsy way - followed the more forgiving approach that Lincoln had envisioned.
republicans in congress spent more time prosecuting andrew johnson than former confederate leaders. lots of reasons for that, but the biggest was that virtually everything, including trying davis, stevens, et al, for treason, took a back seat to restoring the union, establishing a functioning and loyal government in the states that were formerly in rebellion, and grappling with what to do with 4 million freed slaves — soon to be 4 million brand new citizens after the passage of the 14th amendment.
The reason why Confederate leaders weren't tried for treason is that by 1868 Andre Johnson had pardoned them all.
This is exactly correct. Chief Justice Salmon P Chase informed Federal prosecutors that Lincoln was right in wanting Davis to escape. He also told them that if they brought Davis to trial on the charge of "treason", they would most likely lose. He said "You will lose in the courts everything you won on the battlefield." He also said "Secession is not treason."
Federal prosecutors wisely let Davis go free.