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(Rod O’Barr, The Abbeville Institute) – The Boston Daily Adviser, July 25, 1865, stated exactly what was on the line:

“If Jefferson Davis is innocent, then it is the government of the United States which is guilty; if secession has not been rebellion, then the North in stifling it as such, has committed a crime.”

That the question was even asked tells us that the legality of secession was at minimum an open question. How then could Jeff Davis be convicted of treason? The North wanted legal vindication of its trial by battle in a trial by Court, but recognized the stakes were high and vindication far from certain. The press in New York City was insisting that no treason had taken place and Jeff Davis was merely obeying an order of his rightful sovereign – the State of Mississippi. The New York World asserted, “To submit the secession question to a court is to imply that it is still open to doubt!” The paper then concluded that even if the court did “decide that secession is a constitutional right, Unionists would not yield their convictions on this subject.” Therefore, the paper concluded “the trial of Mr. Davis is little better than a judicial farce.” (New York World, May 16, 1866.) Harpers Weekly noted the possibility of acquittal which if happened would mean the US Government had “waged war against those whom the courts would have justified in their actions.” (Harpers Weekly, May 26, 1866.)

The Chief Justice of the Pennsylvania Supreme Court G. W. Woodward wrote…

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