Were Confederate's Traitors?

 

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Today, you often hear the charge that Confederates (aka: Southerners) were Traitors to the United States and because of this, they and their symbols are not worthy of recognition.  They were citizens of the United States who seceded and made War against their Country.

To intelligently discuss this issue it is first necessary to understand the definition of "Traitor".

traiˇtor   

One who betrays one's country, a cause, or a trust, especially one who commits treason.

n 1: someone who betrays his country by committing treason [syn: treasonist] 2: a person who says one thing and does another [syn: double-crosser, double-dealer, two-timer, betrayer]

Miriam-Webster's online Dictionary defines Traitor as:

traitor

Main Entry: traiˇtor
Pronunciation: 'trA-t&r
Function: noun
Etymology: Middle English traitre, from Old French, from Latin traditor, from tradere to hand over, deliver, betray, from trans-, tra- trans- + dare to give -- more at DATE
1 : one who betrays another's trust or is false to an obligation or duty
2 : one who commits treason

Since Traitor seems to be closely tied to "Treason" let's look at that definition:

Main Entry: treaˇson
Pronunciation: 'trE-z&n
Function: noun
Etymology: Middle English tresoun, from Old French traison, from Latin tradition-, traditio act of handing over, from tradere to hand over, betray -- more at TRAITOR
1 : the betrayal of a trust : TREACHERY
2 : the offense of attempting by overt acts to overthrow the government of the state to which the offender owes allegiance or to kill or personally injure the sovereign or the sovereign's family

Wikipedia Online encyclopedia says:

Treason

From Wikipedia, the free encyclopedia

In law, treason is the crime of disloyalty to one's nation or state. A person who betrays the nation of their citizenship and/or reneges on an oath of loyalty and in some way willfully cooperates with an enemy, is considered to be a traitor. Oran's Dictionary of the Law (1983) defines treason as: "...[a]...citizen's actions to help a foreign government overthrow, make war against, or seriously injure the [parent nation]." In many nations, it is also often considered treason to attempt or conspire to overthrow the government, even if no foreign country is aided or involved by such an endeavour.

Traitor may also mean a person who betrays (or is accused of betraying) their own political party, family, friends, ethnic group, religion, or other group to which they may belong. Oftentimes, such accusations are controversial and disputed, as the person may not identify with the group of which they are a member, or may otherwise disagree with the group leaders making the charge. See, for example, race traitor.

At times, the term "traitor" has been leveled as a political epithet, regardless of any verifiable treasonous action. In a civil war or insurrection, the winners may deem the losers to be traitors. Likewise the term "traitor" is used in heated political discussion – typically as a slur against political dissidents, or against officials in power who are perceived as failing to act in the best interest of their constituents. In certain cases, as with the German Dolchstosslegende, the accusation of treason towards a large group of people can be a unifying political message.

Figures in history who are renowned for acts of treachery have subsequently had their names become synonymous with the word "traitor". Some examples are Judas, Benedict Arnold, Pétain and Quisling.

Thus far, it seems that the main reason for calling Confederates "Traitors" would be their role in the so called "Civil War", though many level this charge simply because they left the Union.

If this is the case, then any revolutionaries would have to be considered Traitors, including George Washington, Thomas Jefferson, Benjamin Franklin and all the rest of our founding fathers.  All were born under the rule of the British empire and rebelled against it's authority yet they are considered "Heroes".  Apparently the charge of "Traitor" depends upon which side wins.

 

 Did the South truly engage in traitorous activities against their lawful government?

To answer this we must first look at the mind-set of these times.

Robert Edward Lee was a Colonel in the United States Army who was offered the position of Commander of the U.S. forces.  Lee refused this commission and offered his sword to the fledgling Confederate States of America, justifying his actions with the famous quote, "I love America but I love Virginia more".  Even though, at this time, Virginia had not seceded, Lee knew that the North could not put down this perceived rebellion without marching through Virginia and he knew Virginia would not allow this to occur unopposed.

From the creation of the United States, until the end of the War of Secession, it was widely accepted that each Colony and later each State was a sovereign entity, governed only by itself.  Therefore Lee's statement makes perfect sense.  His primary loyalty was to his home State and to act against his State would have been treason.  (See the Treaty of Paris - 1783)

Had the Southern States tried to forcibly take over the United States Government the charge of treason might have some basis in truth, but this did not occur.  The South voluntarily left the Union when they decided that the Union was not acting in their best interest.

To put this in a more modern context, many of us have made a vow, "Till death do us part", only to find that for one reason or another we could not live with our chosen partner.  The dissolution of the Union by the Confederate States is similar in many ways to a modern day divorce.  We made an agreement, in good faith, but found that the agreement was becoming very one-sided.  After several unsuccessful attempts to rectify this there were only two possible choices; Divorce (Secession) or oppression by the Federal Government.

The South chose secession having in mind an amicable separation, remaining on good terms with their former government.

Since the South voluntarily left the Union with no intention of war and with no intent to interfere with the Northern Government, the charge of Treason is completely unfounded.

 

 Fighting a war against the U.S. was a treasonous act.

Many claim that since the Confederate States fired the first shots against Fort Sumter, they instigated a war against their lawful government.  Again, this charge is completely unfounded.

For four months after the secession of the Southern States the Confederate Government tried to negotiate an amicable settlement with the United States, concerning Fort Sumter in Charleston, South Carolina and Fort Pinkney in Pensacola, Florida.

The northern Government refused to meet with emissaries from these Southern States reasoning that by negotiating with representatives of the Confederate States of America they would be admitting that the CSA was a separate and lawful government.  Understanding this predicament the Confederate States government instructed their emissaries to request an audience as representatives of their individual States.  They were again rebuffed and Lincoln refused to meet with them.  The Confederate States wished to avoid armed conflict at almost any cost.

Being in the center of Charleston harbor, Fort Sumter was in a position to prevent trade in South Carolina's busiest port.  Fortunately, only a small force occupied the Fort and could only do minimal damage to shipping.

Knowing this, Lincoln bypassed Secretary of the Navy, Gideon Welles, and mounted a naval force to reinforce Fort Sumter.  Besides being an unconstitutional usurpation of the powers by the President, it was an act of war against the State of South Carolina or the Confederate States government, depending on how you look at it.

Knowing that the reinforcement of Sumter would mean closing the Port of Charleston, the government of South Carolina and the Confederate States Government demanded the surrender of the small command occupying Fort Sumter.  Finally, as the reinforcement fleet drew near, the South had no choice and began the bombardment of Fort Sumter.

Unable to enter the harbor during the shelling, the Union fleet sat at anchor, outside that harbor, while Sumter fell.

From this, it should be obvious that;

Despite the fall of Fort Sumter, the Confederate States made no move against the United States, proving once again there was no inclination to oppose the lawful government of the United States.  Full scale warfare did not begin until July of 1861 when Northern troops invaded Virginia.

In other words, the South only acted in self defense, both at Fort Sumter and at Manassas, Virginia (Bull Run, for the Yankee's reading this).  I can see no way that acting for the protection of self and community could ever be considered Treason and therefore the Southern States could not be branded as Traitors.

 

Proof there was no Treason

By the war's end, Confederate President, Jefferson Davis was captured and held prisoner in Fortress Monroe (22 May, 1865) for two years by the United States Government.  Though indicted on charges of Treason, no trial was ever held, though it was understood that he would be tried as a traitor and executed.

The only problem was that the attorneys recommended by the Government all agreed that the trial would be lost because there was no evidence of Treason.

Rather than admit that the charges of Treason were unfounded and thereby admitting that the U.S. was wrong in waging war against the South, Jefferson Davis was freed on May 13, 1867.  His release came after a finding by the Chief Justice of the United States Supreme Court, Salmon P. Chase, that there was nothing in the U.S. Constitution that prohibited the secession of states. If secession was not illegal, neither Davis nor any other Confederate leaders could be guilty of treason.

If Jefferson Davis, the Commander in Chief of the Confederate Forces and President of the Confederate States of America could not be tried for Treason due to lack of evidence, then why are charges that the Confederates were traitors to their country still being used today?  (For more information see James Ronald & Walter Donald Kennedy's book "Was Jefferson Davis Right" by Pelican Press)

 

Final Proof from Dwight David (Ike) Eisenhower and Congress

 

 

This is what was printed on the next to last page of a small paperback, printed in 1961, called The Civil War Handbook by William H. Price. It is 72 pages of a really fine book with loads of miscellaneous information. As more has become known even since then, some of the figures may seem incomplete. At any rate, this was the Presidential Proclamation of 1960, preceding the centennial of the war.

How many believe whoever is President in 2011, the 150th anniversary, will make such a proclamation.



CIVIL WAR CENTENNIAL PROCLAMATION No. 3882
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION

The years 1961 - 1965 will mark the one hundredth anniversary of the American Civil War.

That war was America's most tragic experience. But like all truly great tragedies, it carries with it an enduring lesson and a profound inspiration. It was a demonstration of heroism and sacrifice by men and women of both sides, who valued principle above life itself and whose devotion to duty is a proud part of our national inheritance.

Both sections of our magnificently reunited country sent into their armies men who became soldiers as good as any who ever fought under any flag. Military history records nothing finer than the courage and spirit displayed at such battles as Chickamauga, Antietam, Kennesaw Mountain and Gettysburg. That America could produce men so valiant and so enduring is a matter for deep and abiding pride.

The same spirit on the part of the people back home supported those soldiers through four years of great trial. That a Nation which contained hardly more than 30 million people, North and South together, could sustain 600,000 deaths without faltering is a lasting testimonial to something unconquerable in the American spirit. And that a transcending sense of unity and larger common purpose could, in the end, cause the men and women who had suffered so greatly to close ranks once the contest ended and to go on together to build a greater, freer and happier America must be a source of inspiration as long as our country may last.

By a joint resolution approved on September 7, 1957, the Congress established the Civil War Centennial Commission to coordinate the nationwide observances of the one hundredth anniversary of the Civil War. This resolution authorized and requested the President to issue proclamations inviting the people of the United States to participate in those observances.

NOW THEREFORE, I, DWIGHT D. EISENHOWER, President of the United States of America, do hereby invite all of the people of our country to take a direct and active part in the Centennial of the Civil War.

I request all units and agencies of government, Federal, State and local, and their officials, to encourage, foster and participate in Centennial observances. And I especially urge our Nation's schools and colleges, its libraries and museums, its churches and religious bodies, its civic, service and patriotic organizations, its learned and professional societies, its arts, sciences and industries, and its informational media, to plan and carry out their own appropriate Centennial observances during the years 1961 to 1965; all to the end of enriching our knowledge and appreciation of this great chapter in our Nation's history and of making this memorable period truly a Centennial for all Americans.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this 6th day of December in the year of our Lord nineteen hundred and sixty, and of the Independence of the United States of America the one hundred and eighty-fourth.

By the President:

Dwight D. Eisenhower

 

Confederate veterans were afforded status equal to that of United States veterans by an act approved by the Congress of the United States of America on May 23, 1958, and signed into law by President Dwight D.  Eisenhower, in accordance with Public Law 85-425, thereby amending the Veterans' Benefit Act of 1957

Federal Statutes

US Law that defines status of Confederate Veterans

Public Law 85-425 adopted May 23, 1958 as H.R. 358

AN ACT

To increase the monthly rates of pension payable to widows and former widows of deceased veterans of the Spanish-American War, Civil War, Indian War, and Mexican War, and provide pensions to widows of veterans who served in the military or naval forces of the Confederate States of America during the Civil War...

CONFEDERATE FORCES VETERANS

Sec. 410. The Administrator shall pay to each person who served in the military or naval forces of the Confederate States of America during the Civil War a monthly pension in the same amounts and subject to the same conditions as would have been applicable to such... if such forces had been service in the military or naval service of the United States.

Sec. 2. This act shall be effective from the first day of the second calendar month following its enactment.

 

 

 

 

 

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