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To: 4ConservativeJustices
Since the 14th Amendment prevented the leaders of the office from holding office again, Chief Justice Chase believed that trial and conviction for treason would mean that they would be punished again for the same crime.

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

832 posted on 05/04/2003 4:43:45 AM PDT by WhiskeyPapa (Be copy now to men of grosser blood and teach them how to war!)
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To: WhiskeyPapa
If Stanton had wanted Lee and Davis and the others hanged, they would have hanged.

I guess when you rule by the sword rather than by law you can do pretty much what you want to. You would have loved the U.S.S.R.

861 posted on 05/05/2003 6:24:23 AM PDT by HenryLeeII
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