Stephen,

"I know it seemed that I was disallowing the 14th, but what I was saying is that the 14th was not a law at the time Davis was at War with the Union. So therefore he could not be tryed by the 14th, because of the Ex Post Facto ruling."

He wasn't tried by the 14th Amendment...in fact the prosecution tried to say that the 14th Amendment did NOT apply to Davis since his defense attempted to use it to quash the indictment. At a hearing on December 3, 1868, Davis defense attorney Robert Ould told Chief Justice Chase and others, "As had been supposed by the learned counsel on the other side, the affidavit filed by the defendant bears an intimate relation to the third section of the fourteenth constitutional amendment, which provides that every person who, having taken an oath to support the constitution of the United States, afterwards engaged in rebellion, shall be disqualified from holding certain state and federal offices. Whether this section be of the nature of a bill of pains and penalties, or in the form of a beneficent act of amnesty, it will be agreed that it executes itself, acting proprio vigore." (Case No. 3, 621a, Circuit Court, D. Virginia)

In other words, Ould (a man defending Davis) told the court that the 14th Amendment DID legitimately punish Confederates like Davis by preventing them from holding office. Ould explained that whether the 3rd section of the amendment was a punishment or an amnesty, it settled the matter. Ould further asked if "this punishment set forth in section three [is] exclusive or cumulative? The defendant's counsel hold that it is exclusive, and affords the only rule of punishment int he case of Mr. Davis, who is at this moment suffering under that penalty."

The prosecution tried to reject this argument, saying that the 14th amendment did not settle the matter.

Overall, this had nothing to do with trying Davis by the 14th Amendment, and everything to do with whether the 14th Amendment sufficiently punished Davis already! The defense attorneys tried to USE the 14th Amendment as a blanket to protect their client! And Chief Justice Chase agreed. And THAT is why the case was dismissed.