What if Jeff Davis was court martialed and hanged for treason in early 1865?
It's a good start...
What's your reasoning as to how it comes about, however? The circumstances will have a huge impact on how it is perceived.
Best,
Probably a bad idea since it sort of gives the impression that the leader of the CSA had legitimacy, probably makes Reconstruction a mite trickier too (the South probably didn't love Davis, but this might unnecessarily make him a martyr) if people fear punitive retribution.
I could be wrong but I think that it would send the wrong message to the post ACW USA.
Well, prosecuting (and executing) Jeff Davis for treason does not imply any "legitimacy" (after the fact) given to the CSA government/CSA as an entity. Starting and managing a rebellion against the established government is a good definition of a treasonous act. The issue is that if Davis is the only one so prosecuted, it leaves some serious legal issues. There a more CSA officials or even military who are equally culpable. I can't see a scenario where ONLY Davis is prosecuted, of the Union goes that road there will be many more trials.
OTL Wirz was the only Confederate prosecuted and executed, and that was for crimes related to Andersonville and treason/sedition was not brought up at all.
It would have sent the right message the message the south got was the north wasn't willing to make south change any of it's ways or really punishment them at all for their treachery. If Davis had been executed it would have show the north was willing to make real changes to the south and back that up with force.
Well, prosecuting (and executing) Jeff Davis for treason does not imply any "legitimacy" (after the fact) given to the CSA government/CSA as an entity. Starting and managing a rebellion against the established government is a good definition of a treasonous act. The issue is that if Davis is the only one so prosecuted, it leaves some serious legal issues. There a more CSA officials or even military who are equally culpable. I can't see a scenario where ONLY Davis is prosecuted, of the Union goes that road there will be many more trials.
OTL Wirz was the only Confederate prosecuted and executed, and that was for crimes related to Andersonville and treason/sedition was not brought up at all.
He gets blamed for being behind Lincoln's assassination and some evidence makes it stick. The evidence can be revealed as dubious decades later but it is believed at the time. They add the treason charge to the conspiracy to commit murder charge and he is hanged for both.
OTL Wirz was the only Confederate prosecuted and executed, and that was for crimes related to Andersonville and treason/sedition was not brought up at all.
What if Jeff Davis was court martialed and hanged for treason in early 1865?
What if Jeff Davis was court martialed and hanged for treason in early 1865?
First they would have to prove that he committed treason. During the debates over the ratification of the Constitution numerous founding fathers stated that the states had the right to secede if they so chose, furthermore the ratification acts passed by both Virginia and New York explicitly reserved the right to withdraw the ratification if the state governments decided that the Federal Government was abusing its powers. Since the other states accepted these as valid and as all states were equal then all had the right to secede, therefore it would have been hard to prove treason. In fact some of the leading legal talents in the US refused to take the case against Davis due to them believing that it was simply impossible to prove that he had committed treason. Convicting him of being involved in Lincoln's assassination would have been easier, however the South would have definitely seen that as railroading the former President of the CSA and it would have made Reconstruction more difficult if not impossible.
Well, prosecuting (and executing) Jeff Davis for treason does not imply any "legitimacy" (after the fact) given to the CSA government/CSA as an entity. Starting and managing a rebellion against the established government is a good definition of a treasonous act. The issue is that if Davis is the only one so prosecuted, it leaves some serious legal issues. There a more CSA officials or even military who are equally culpable. I can't see a scenario where ONLY Davis is prosecuted, of the Union goes that road there will be many more trials.
OTL Wirz was the only Confederate prosecuted and executed, and that was for crimes related to Andersonville and treason/sedition was not brought up at all.
It is wrong to say only Wirz was executed. A number of guerillas of various official shades were executed - Champ Ferguson for one for murder.
Interestingly (or not) for Jeff a defendant in a murder case in Virginia at this time could not testify. No political justification. No speaking to the world beyond te court or to posterity.