One of O’Conor’s main tools was the manipulation of public opinion. Legal historian Cynthia Nicoletti’s new book says failing to try and execute Confederate President Jefferson Davis for treason left questions about secession’s legality. Why did South Carolina seceded from the Union? “How were they reacting and how were they strategizing?”. Doubts about moving forward indeed led to multiple continuances. She pointed out that it would have taken only one juror to derail a guilty verdict. In the abstract, it wouldn’t have been hard to prove that Davis committed treason. West Virginia split from Virginia in 1861 because the population was divided on the issue of secession from the Union during the Civil War. The insurances are simply not constrained to street or work put. © 2021 by the Rector and Visitors of the University of Virginia, After Civil War, U.S. The case had none of the complications of Davis’ case, and it was much easier for the court to address secession in that context. He said, ‘Yeah, I want you to try him, because I want secession to be declared legal, and I think we’re going to do it.’ He managed to raise all of these troubling possibilities.”. The government decided, “Maybe no outcome was the best outcome.”. He also coordinated the efforts of three authors who wrote books designed to stoke public sympathy for Davis and for the cause of secession. Why wasn’t Confederate President Jefferson Davis ever tried for treason? She said the issues involved are still relevant today, as people debate the idea that states such as California might have a right to leave the U.S. over disagreements about federal governance, or that the fight over the removal of Confederate monuments might have been less severe, perhaps even nonexistent, had Davis and his collaborators been executed. Legal Historian G. Edward White Releases Second Installment of 'Law in American History', Professor Cynthia Nicoletti's Work on Legal History of Secession Earns Cromwell Fellowship, Joe Biden Should Consider Age for Judicial Appointments, Argues Micah Schwartzman, What the Biden Administration Can Do on Police Reform Without Congress, 3 Alumni To Be Honored for Public Service, At Cutting Edge of Free Speech, Citron Advocates for Reform, Richard Rothstein To Give Stone Lecture on Government’s Role in Racial Segregation, Tax Scholars Join Coalition Finding Solutions to Pandemic-Induced State Financial Crises, For Jela Shiver ’23, Roads Led to Law School, Op-Ed: Michael Livermore Analyzes Joe Biden’s Approach to Regulatory Decision-Making, Op-Ed: Rachel Harmon Outlines What Biden Administration Can Do on Police Reform Without Congress, Op-Ed: Joe Biden Should Consider Age for Judicial Appointments, Argues Micah Schwartzman. Virginia's Secession
from the Union
by
Gillian Cote, Describing the
1861 convention in which Virginians finally voted for secession, Lincoln
declared to the U.S. Congress, "1 The course taken in
Virginia was the most remarkable-perhaps the most important." These newly separated southern states then elected Jefferson Davis as the president of the Confederacy (states that seceded from the Union/United States). Secession was driven by the Southern planter class. Davis’ trial, which would have served as a test case for the legality of secession, was delayed for four years before ultimately being dropped. Virginia was unwilling to fight against the other southern states. Although several other southern states, following the lead of
South Carolina, seceded shortly after Lincoln's election to the presidency,
and several more left after his inauguration, Virginia did not break
its ties with the Union until the North took military action against
the South. However, there was no guarantee that residents with Confederate sympathies wouldn’t be part of the pool, even though serving required an oath of loyalty to the nation. “I tried to do day-by-day, as much as I could, to figure out what was going on in these lawyers’ practices,” she said. “His lawyer was a New Yorker and a Southern sympathizer,” she said. Subsequently, Virginia split up into two (West Virginia and Virginia) and Virginia seceded, followed by Arkansas, North Carolina, and Tennessee. Virginia Convention of 1861. Four slave states -- Delaware, Maryland, Missouri, and Kentucky -- did not secede from the Union. She added, “I can give you a hundred reasons why Davis was not tried, but the main reason is that he had a good lawyer.”, In the end, although Davis was an unpopular figure throughout the country, creating a martyr out of him was still a possible outcome, and not much more could have been gained, Nicoletti said. Ultimately, she lets the reader decide how the canceled trial might have influenced history. This essay will examine primary sources, in the form of editorials from
newspapers and speeches from the Virginia Convention, in order to illustrate
the road to Virginia's secession from the Union. The Texans who voted to leave the Union did ⦠Virginia voted to secede from the Union and join the Confederate States of America five days later, and although many in western Virginia did not want to leave the Union, they were outvoted by the rest of Virginia. The Virginia Convention of 1861, also known later as the Secession Convention, convened on February 13, 1861, on the eve of the American Civil War (1861â1865), to consider whether Virginia should secede from the United States. Official acts by the Union preceding and during the war, such as allowing for prisoner swaps and observing other rights of foreign governments under the law of nations, might have been used to bolster the argument for secession’s legitimacy. “Treason in the Constitution is levying war against the United States,” Nicoletti said. From Lincoln's election
in November 1860 all the way through April 1861, some Virginians supported
the Union while others ardently called for secession. Abandon all these local animosities, and make your sons Americans. Florida joined the South in its bid to form a slave republic. You won’t find her taking sides in those debates, either. Why did Virginia secede from the Union? May 1861 Arkansas, Tennessee, and North Carolina secede from the Union. In the context of the American Civil War (1861â65), the border states were slave states that did not secede from the Union.They were Delaware, Maryland, Kentucky, and Missouri, and after 1863, the new state of West Virginia.To their north they bordered free states of the Union and to their south (except Delaware) they bordered Confederate slave states. It took another generation or two for the issue to fade from constitutional discourse. The push for red Virginia counties to secede from the Democratic-controlled state are currently being spearheaded by lawmakers in neighboring West Virginia. Madam, don't bring up your sons to detest the United States government. While the decision to secede came quickly and with less resistance in other more southern states, in Virginia it was the product of years of sectionalism and months of ardent debate. Only after actual war had
broken out between the North and the South did Virginia secede from
the Union. Or that the average juror wouldn’t be convinced that secession was legal. Colonel Robert E. Lee resigns from the United States army two days after he was offered command of the Union army and three days after his native state, Virginia, seceded from the Union. Only looking at the historical record. Florida became the third state to secede from the Union. “I think it’s totally an open question of whether Davis would have been convicted,” Nicoletti said. Tennessee and North Carolina were the final states to leave the Union. The book was written with the support of a William Nelson Cromwell Foundation Research Fellowship. “And treason is a crime of loyalty; in order to commit it, you need to be a U.S. citizen. The convention continued in session for two and a half weeks. I think that might be surprising to a reader, because today talking about the legality of secession seems so far-fetched, but I want to introduce them to the arguments on both sides. While the decision to secede came quickly and with less resistance
in other more southern states, in Virginia it was the product of years
of sectionalism and months of ardent debate.
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