Stephen,

Since the thread was getting a little long and far down the page, I'll continue up here.

You provided a website about the Davis case that said:

"Military officials wanted to try him in their courts. The authorities debated over the jurisdiction for two years while Davis was imprisoned. Johnson knew a military trial would make Davis a martyr. Chase refused to hear cases in the Virginia Circuit while the State was still under the military government and not until the writ of habeas corpus was restored. When Chase finally sat at the Davis trial in November 1868 he approved Davis' lawyer's argument that the 14th Amendment that had recently gone into effect applied to Davis. In December Johnson issued a general amnesty. At the next session of circuit court, Chase discharged Davis on the grounds he was included in the pardon and could not be tried ex post facto.[20]"
http://odur.let.rug.nl/~usa/B/spchase/chase05.htm

You believe this supports your argument that the 14th Amendment was not relevant to the Davis case. On the contrary, this website explains exactly the opposite. I pointed this out, but you didn't seem to catch it. So, I'll explain.

Look carefully at what the website says (with emphasis added):

"When Chase finally sat at the Davis trial in November 1868 HE APPROVED DAVIS' LAWYER'S ARGUMENT THAT THE 14TH AMENDMENT THAT HAD RECENTLY GONE INTO EFFECT APPLIED TO DAVIS."

Do you see a VERY important point here? Chase AGREED with DAVIS' lawyers! It was Jeff Davis' DEFENSE that used the 14th Amendment, not the prosecution!

Since Chase agreed with DAVIS' DEFENSE that the 14th Amendment already punished Davis for treason, and since Andrew Johnson had issued a general amnesty, Chase believed the matter was already settled.

Unfortunately, you provided a website that contradicted your own argument.