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To: ejonesie22; Pelham; rockrr
ejonesie22:"What I find ironic here on FR are those who speak of Lee and such as traitors.
They were loyal to the government they were supposed to under the Constitution, their State (as in the United “States”)
So it is rather odd to see conservatives who speak of the Constitution and states rights to take issue with Lee's actions."

The US Constitution's definition of treason is clear and simple:

Article 3, Section 3: "Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort...

"The Congress shall have power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted."

There is no historical dispute that Secessionists in 1861 started, formally declared and waged war against the United States.
But does that make them necessarily traitors?

The answer depends on whether their declarations of secession were themselves considered constitutional.
So, is secession constitutional?

Answer: of course it is, if, if, if it's done according to the Founders' Original Intent -- meaning with mutual consent, or in Madison's words:

But Madison also cautioned, referring to the Constitution as a "compact": In toady's language, we'd say that constitutional secession requires the federal government to commit a major material breach of contract, one in the nature of a "usurpation or abuse of power".

Bottom line: if slave-holders' declarations of secession were constitutional, then Confederates were no longer US citizens, and their declaration of war on the United States, on May 6, 1861, might not necessarily be classified as treason, according to the Constitution's definition.

At war's end, terms offered by Lincoln and Grant were basically: Unconditional Surrender in exchange for no prosecutions for treason.
So far as I know, the issue was never tried in Court, or in Congress, so it remains a matter of debate.

85 posted on 01/24/2012 6:12:27 AM PST by BroJoeK (a little historical perspective....)
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To: BroJoeK
oops, typo: toady = today
Coffee time...
86 posted on 01/24/2012 6:17:11 AM PST by BroJoeK (a little historical perspective....)
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