Interesting perspective.
“The Founders did not call themselves “secessionists”. They never for a moment pretended that what they did was legal under British law.”
Nevertheless, they did proceed to secede.
“They played no legalistic games to obscure their treason from the Crown.”
If Davis was a traitor, why was he never charged? Certainly that would provide the capstone for the victory for the Grand Army of the Republic and revenge for Lincoln, wouldn’t it?
Davis himself pleaded to the authorities to move his case to trial on more than one occasion.
The authorities were fearful that should a trial for treason be commenced the outcome could not be controlled and would likely be an embarrassment to the republic for the testimony that would have become public regarding the execution of the war by the administration.
Should Davis be found not guilty by reason that secession was not unconstitutional, could you imagine the outcome? Civil unrest and another insurrection by the people for the current administration to put down. The army may not have been willing to use the tactics necessary for shutting down the peoples' voice. The populace would have been so enraged at the prospect of being misled by the Lincoln regime for the deaths of 620,000+ Americans, untold misery, and an enormous financial expenditure that a tremendous backlash might have commenced thereby threatening the very lives of those in power that were responsible for the prosecution of the war.
No one in the government was prepared to take that chance, ergo no trial!
No, they Rebelled! If Davis was a traitor, why was he never charged?
He was charged. With the passage of the The 14th Amendment punishing all confederate leaders, the charges against him were dropped because of double jeopardy.