What War Did Jefferson Davis Levy?

John Brown and his 4 surviving co-conspirators were arraigned on October 25, 1859, and the next day indicted for treason against the Commonwealth of Virginia – instigating insurrection and waging war against that State. All were found guilty on November 7th and sentenced to hang. After Brown was hung at 11:30AM on December 2, 1859, a Virginia militia colonel in the crowd spoke: “So perish all such enemies of Virginia! All such enemies of the Union! All such enemies of the human race!”

Those States of the north providing troops for Lincoln to wage war against the States of the south, all committed treason as defined below.

What War Did Jefferson Davis Levy?

“Article III, Section 3, of the United States Constitution defines “Treason” – the only crime the Constitution does define. It is limited to two offenses:

“Treason against the United States shall only consist of levying war against Them, or in adhering to their Enemies, giving them Aid and Comfort. No person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.”

In light of the events of 1861-1865 . . . and considering the attempt to ascribe to the Confederate States President crimes against the internal sovereignty of [a] State, that is, treason – a question arises, one that stumped even the authorities, even the United States Supreme Court, where now Mr. Justice Chase was successor to Roger B. Taney.

What war did Jefferson Davis levy? After all, who perverted the Constitution? Who instigated the break? Who invaded? Who attacked?

Davis failed to obtain a hearing, although the wicked charges against him were never erased but were allowed to lie against him unpurged for “every orator-patriot or penny-a-liner in the North to hurl at his head the epithet “Traitor,” as Mrs. Davis wrote.

And, ‘. . . he had asked only a fair trial on the merits; [had been held on trumped up accusations in] close confinement, with circumstances of unnecessary torture for a year and a half and constrained to live in Fort Monroe for two years, to the injury of his health and the total destruction of his interests, . . . he was denied trial while his captors vaunted their “clemency” in not executing their victim . . . These accusations were either true or false; he asked neither indulgence nor pardon, but urged a speedy trial, constantly expressing an ardent desire to meet it.’

He had been borne, unwillingly enough, to the position of Chief Executive of eight million Americans in the South who understood their rights and thought it incumbent upon them to maintain them. He had been one of the last to yield to the dread necessity of strife, and was last to leave Washington . . .”

(The Constitutions of Abraham Lincoln & Jefferson Davis: A Historical and Biographical Study in Contrasts. Russell Hoover Quynn. Exposition Press, 1959, pp. 128-129)

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