A bill came up in Congress, did it not? And it certainly wasn't Congress pushing for that bill. That leaves only Davis.
He let the matter die in the confederate senate
Really? Cause the record of debates I am familiar with indicates that they actively debated it and manuevered to hold it up as a block on his powers.
probably because he had a rebellion to run and a supreme court would have gotten in his way.
Evidence please?
True. None of them indicate any actions that Davis took to get congress to staff the court.
Sure they do. It's called the bill itself. Bills don't magically pop up out of thin air so it had to come from somewhere.
Yep. If the reverse situation the evidence that Davis was against it would be it's passage and a subsequent veto.
And went nowhere. Davis never mentioned a supreme court in any more of his messages to congress, never mentioned it in any speech I've been able to find, never fought for it at all.
Cause the record of debates I am familiar with indicates that they actively debated it and manuevered to hold it up as a block on his powers.
That's a pretty good definition letting a matter 'die in the senate'. In the mean time Davis could act without fear of judicial interference.
Evidence please?
"...the true and only test is to enquire whether the law is intended to and calculated to carry out the object...If the answer be in the affirmative, the law is constitutional"
What if a court saw it differently?