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To: 4ConservativeJustices
Ya think?

Yeah, I think. Johnson issued two major amnesties while in office. The first, issued in 1865, didn't cover Davis. The one you quoted was issued on Christmas Day of 1868 and by that time Chief Justice Chase had made it clear that he believed that the 14th Amendment made prosecution of Davis impossible. Several weeks before the possibility of a Davis trial had died when Chief Justice Chase and Judge Underwood split on a vote to quash the indictment. Technically the indictment remained pending until dropped altogether the following February and Davis was a free man, pardoned for his crimes.

1,305 posted on 01/17/2005 5:31:54 PM PST by Non-Sequitur
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To: Non-Sequitur
Johnson issued two major amnesties while in office.

Try 4, viz. 29 May 1865, 7 Sep 1867, 4 Jul 1868, and 25 Dec 1868.

Technically the indictment remained pending until dropped altogether the following February and Davis was a free man, pardoned for his crimes.

Technically, it ended 25 Dec 1868 - a pardon is absolute. And the alleged disability provide by the 14th was a nullity until Davis et al actually were elected to office - you can't have Bills of Attainder take effect before the action was to be committed. If Davis never ran for office, the provision would not have been applied, so trial for treason was very much a possibility, and as before, said disability could easily have been removed by congress, so the federal government could never use claim that provision as any hindrance to a trial that you allege was open and shut.

1,307 posted on 01/17/2005 6:07:44 PM PST by 4CJ (Laissez les bon FReeps rouler - Quo Gladius de Veritas)
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