Davis was arrested in 1865. The government could had held a trial and convicted Davis, and then executed him if found guilty. Instead, they understood that to bring him to trial would validate secession (see Chase's statement above). The 14th (ratified three years later) contained a clause allowing Congress to remove the prohibition against holding office - no dual punishmemt necessary. Cahse just made it up.
Davis was arrested in 1865. The government could had held a trial and convicted Davis, and then executed him if found guilty. Instead, they understood that to bring him to trial would validate secession (see Chase's statement above).
If Stanton had wanted Lee and Davis and the others hanged, they would have hanged.
It was Lincoln's words from the grave that saved Davis.
Chase plainly called all secession articles null and void, and said that the perpetual Union of the Articles was made more perfect by the Constitution. His position on Davis was based on double jeopardy, not the total BS you present.
Walt
They could have, but they didn't. Davis was held at Fortress Monroe headed for a military trial. The Johnson government decided that any trial for treason would have to be in a civil court in Virginia. Neither John C. Underwood, circuit court judge for the District of Virginia, nor Chief Justice Chase, who presided over the circuit including the Virginia district, felt that they had any authority over the case as long as Davis was held by the military. That didn't happen until May of 1867 when the writ was issued, Davis was arraigned and released on bail. The trial was delayed again for political reasons involved with the impeachment and the election. By the time the government was ready to proceed the 14th Amendment had been ratified.
Instead, they understood that to bring him to trial would validate secession.
How would trying and convicting Davis validate secession? A treason conviction would justify the administration's actions, not invalidate them.