[Non-Sequitur]

On the other hand, if you look at any one of the biographies on Jefferson Davis that are out there, they make Chase's position very clear. Chief Justice Chase made known to Davis' attorneys that it was his opinion that the third section of the 14th Amendment nullified the indictment against Davis. His contention was that by stripping the right to vote from high Confederate officials, a punishment for treasonable activities had been legislated, so Davis could not be punished again for the same crime. Davis' friends reminded his lawyers that Davis wanted a trial because he saw it as an opportunity to vindicate both himself and the actions of the Confederacy. Davis' lawyers, however, pointed out that Davis' life was at stake, and there was a general agreement that they could not pass up the opportunity to arrange what they believed to be an honorable settlement and on November 30, 1868 Davis' lawyers filed a motion requiring that the government attorneys show cause why the indictment should not be quashed. On February 15, 1869, but the government indicated at that time that it would not prosecute.

Let me make it clear that I firmly believe that if tried Davis would have been convicted. Not other verdict would have been possible. Personal feeling about his guilt aside, packing a jury was as well known a tactic in 1869 as it is today and there is no way that the government's prosecutors would have taken a chance on acquittal. Even in Virgina they would have found men who would have convicted and Davis would have gone to jail. Chase saved him from that. So the idea that a trial would have somehow vindicated secession is wishful thinking.

[WhiskeyPapa]

Even in Virgina they would have found men who would have convicted and Davis would have gone to jail.

Dana's letter to Ewarts suggests that he wouldn't have stooped to pack a jury.

Don't forget that this same Lincoln who is lashed so badly by some of FR absolutely refused to consider treason trials for Davis or anyone else. Oddly, the best place I know of to see this re-enacted in a movie is in the Turner production about Booth. Lance Henrickson (who bore an eerily close resemblance to Lincoln) is seen pounding on the table, "No,no,no," to Stanton's demand for treason trials.

But there is little doubt, given the way Stanton railroaded the assasination conspirators, that he could have had Davis, Lee and the whole crew up on the scaffold soon after Lincoln's death, if he had so chosen.

Lincoln was a man with a great heart. He was -always- as he said, willing to forgive on the basis of Christian charity.

And yet the smear campaign proceeds.

Walt

[TexConfederate1861]

You may be right in that regard, (with a packed jury).
However with a true fair jury, I still believe he would have been aquitted.