Davis, after the war, was incarcerated and demanded a trial but was never given one. The US vs Davis was a loser for the US and the AG knew it.
Davis, after the war, was incarcerated and demanded a trial but was never given one. The US vs Davis was a loser for the US and the AG knew it.
Several teams of lawyers were assembled to prosecute David and each team recomended not proceeding. The 14th Amendment provided a way to release Davis and avoid potential embarrassment.
Amendment 14, Sec. 3:
No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
The charges against Jefferson Davis were dismissed based upon the 14th Amendment which acted to prohibit Davis from holding any public office of the United States or as an officer of State government. Chief Justice Chase floated the idea that 14A imposed a punishment, and the charges against Davis should be dropped due to double jeopardy which prevents being punished twice for the same offense. That is how the Union government avoided testing the lawfulness of secession in court.