Wasn't Virginia subject to the Ironclad Oath at the time? If so, there would be no Confederate sympathizers on the jury. In fact, one would expect the jury to be predominantly freedmen.

In any event, jurors only decided disputed issues of fact. The outcome of the trial would turn on whether or not secession was legal, and that decision would be made by the judge. If the judge ruled that secession was legal, then Davis was not a citizen of the U.S. at the time of the alleged crimes and therefore could not possibly be guilty of treason. If, on the other hand, the judge decided that secession was illegal, then the only fact the jury would need to decide is whether or not Jefferson Davis had been the commander in chief of the Confederate military. I expect the court could take judicial notice of that fact. If not, I would expect the defense to stipulate to that fact and file an appeal. Either way there would be little if anything for a jury to decide.

In any event I'm intrigued enough now to get the book. I hope if Charleston reads it before I do he'll share what he learns.





[Post edited by Joey Wahoo at 11/27/2017 09:36AM]