But Congress did not. And until they did then the double jeopardy considerations remained. As has been pointed out to you on numerous occasions.
In a proclamation dated December 25, 1868 (15 Stat. 711), President Johnson proclaimed and declared:
* * * unconditionally, and without reservation, to all and every person who directly or indirectly participated in the late insurrection or rebellion, a full pardon and amnesty for the offence of treason against the United States, or of adhering to their enemies during the late civil war, with restoration of all rights, privileges, and immunities under the Constitution and the laws which have been made in pursuance thereof.
This general pardon applied equally to Jefferson Davis as it did to others. It is this general pardon which terminated the possible prosecution of Jefferson Davis.