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;
-
The South did
not desire War.
-
The South made
every effort to negotiate an amicable agreement.
-
The South did
not fire upon Sumter until it was unavoidable.
-
Despite
several warnings against reinforcing Fort Sumter, the North chose to send
troops, instigating an Act of War against South Carolina.
-
South Carolina
acted in self defense, preventing the closure of Charleston Harbor.
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
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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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