This book focuses on the post-Civil War treason prosecution of
Confederate President Jefferson Davis, which was seen as a test
case on the major question that animated the Civil War: the
constitutionality of secession. The case never went to trial
because it threatened to undercut the meaning and significance of
Union victory. Cynthia Nicoletti describes the interactions of the
lawyers who worked on both sides of the Davis case - who saw its
potential to disrupt the verdict of the battlefield against
secession. In the aftermath of the Civil War, Americans engaged in
a wide-ranging debate over the legitimacy and effectiveness of war
as a method of legal adjudication. Instead of risking the 'wrong'
outcome in the highly volatile Davis case, the Supreme Court took
the opportunity to pronounce secession unconstitutional in Texas v.
White (1869).
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