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To: fortheDeclaration
No, no -- that isn't how it works.

YOU said it. YOU prove it.

I'll just stand over here with folded arms, waiting.

Go ahead, prove Jeff Davis was a traitor. (Here's a hint: don't even try with Bobby Lee. That one's been fought out, and the name-calling side lost.)

1,216 posted on 11/25/2004 4:42:04 AM PST by lentulusgracchus ("Whatever." -- sinkspur)
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To: lentulusgracchus; capitan_refugio
Civil Liberties: What If Jefferson Davis Had Been Tried by a Military Court?

By Derek Alger

The problem of Davis, however, still remained. He was in custody, accused of guilt in the assassination conspiracy by Holt, with the judge advocate general logically maintaining that Davis should be charged with treason, tried before a military commission, and a date with the gallows the logical outcome.

According to historian William Hanchett in his book, The Lincoln Conspiracy Murders, "While it is unlikely that Holt doubted for a moment that Davis and the others were guilty, as charged, he and Stanton were too able and experienced to fail to recognize that the evidence presented at the conspiracy trial was not proof of guilt but only hearesay and that it was only as credible as the eyewitnesses who gave it."

As a result, on July 21st, a mere two weeks after Mrs. Surratt and the others were hanged for conspiring to assassinate Lincoln with Booth, Davis, and other Confederate leaders, the government decided to charge Davis with treason and not assassination. What's more, it determined that Davis would be tried in a civil court rather than a military one, with even Stanton voting in favor.

Jefferson Davis was eventually released from prison on bail in May of 1867 and never brought to trial. The tide had shifted, with the preoccupation of the Republican-dominated Congress moving from punishing Davis to removing Johnson from office....

The proclamation of May 2nd, signed by President Johnson, charging Jefferson Davis and other Confederate leaders with involvement in the plot to assassinate President Lincoln was never revoked.

http://www.hnn.us/articles/508.html

If it sounds like a duck....

1,218 posted on 11/25/2004 5:05:42 AM PST by fortheDeclaration
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