Was Robert E. Lee guilty of treason?

In fact the Reconstruction Act of 1863 was modified several times ultimately to offer "pardons" (pardons before judgement), to High Confederate politicians and militaryOfficers.Issues of treason never arose in Lincolns later words and in his 2nd inaugural, AND I don't think you, I or anyone, really know what was on his mind except getting the wounds healed and "THE" United States , moving forward. (Paraphrasing from Shelby Foote)

didn't make Lee any less a traitor

That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed. That whenever any form of government becomes destructive to these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.

deriving their just powers from the consent of the governed

by the "consent of the governed" is by excluding more than a third of the total population from any say (and a majority of the population in two of the most rabid states in the Confederacy, and the first to secede).

To Americans:

That some desperate wretches should be willing to steal and enslave men by violence and murder for gain, is rather lamentable than strange. But that many civilized, nay, Christianized people should approve, and be concerned in the savage practice, is surprising; and still persist, though it has been so often proved contrary to the light of nature, to every principle of Justice and Humanity, and even good policy, by a succession of eminent men, and several late publications.

Our Traders in MEN (an unnatural commodity!) must know the wickedness of the SLAVE-TRADE, if they attend to reasoning, or the dictates of their own hearts: and such as shun and stiffle all these, wilfully sacrifice Conscience, and the character of integrity to that golden idol.

The Managers the Trade themselves, and others testify, that many of these African nations inhabit fertile countries, are industrious farmers, enjoy plenty, and lived quietly, averse to war, before the Europeans debauched them with liquors, and bribing them against one another; and that these inoffensive people are brought into slavery, by stealing them, tempting Kings to sell subjects, which they can have no right to do, and hiring one tribe to war against another, in order to catch prisoners. By such wicked and inhuman ways the English are said to enslave towards one hundred thousand yearly; of which thirty thousand are supposed to die by barbarous treatment in the first year; besides all that are slain in the unnatural ways excited to take them. So much innocent blood have the managers and supporters of this inhuman trade to answer for to the common Lord of all!

Many of these were not prisoners of war, and redeemed from savage conquerors, as some plead; and they who were such prisoners, the English, who promote the war for that very end, are the guilty authors of their being so; and if they were redeemed, as is alleged, they would owe nothing to the redeemer but what he paid for them.

They show as little reason as conscience who put the matter by with saying — "Men, in some cases, are lawfully made slaves, and why may not these?" So men, in some cases, are lawfully put to death, deprived of their goods, without their consent; may any man, therefore, be treated so, without any conviction of desert? Nor is this plea mended by adding — "They are set forth to us as slaves, and we buy them without farther inquiry, let the sellers see to it." Such man may as well join with a known band of robbers, buy their ill-got goods, and help on the trade; ignorance is no more pleadable in one case than the other; the sellers plainly own how they obtain them. But none can lawfully buy without evidence that they are not concurring with Men-Stealers; and as the true owner has a right to reclaim his goods that were stolen, and sold; so the slave, who is proper owner of his freedom, has a right to reclaim it, however often sold.

on April 14, 1775 the first anti-slavery society in America was formed in Philadelphia. Paine was a founding member.]

Quote:

on April 14, 1775 the first anti-slavery society in America was formed in Philadelphia. Paine was a founding member.]

None of which has any bearing on the morality of slavery.

This is a historically important photograph, of the whipping scars on the back of a slave who tried to run away. It's been widely creditedwith a large role in turning the tide of European opinion

So what? The fact that Lincoln wanted to be magnanimous in victory didn't make Lee any less a traitor.

16 Jan 45) RO-R

Mrs. Sam. A. Davis,

235 South Jackson,

Glendale 5, California.



Dear Mrs. Davis:

In response to your letter of 16 January 1945, herewith in a copy of my letter of 27 June 1936, regarding General Robert E. Lee, C.S.A.

"In a proclamation dated May 29, 1865 (13 Stat. 758), President Johnson granted, with certain exceptions, amnesty and pardon ‘to all persons who have, directly or indirectly, participated in the existing rebellion * * *’. Among the persons excepted from the operation of this proclamation were

"3rd. All who shall have been military or naval officers of said pretended confederate government above the rank of colonel in the army or lieutenant in the navy;

"5th. All who resigned or tendered resignations of their commissions in the army or navy of the United States to evade duty in resisting the rebellion;

"8th. All military and naval officers in the rebel service, who were educated by the government in the Military Academy at West Point or the United States Naval Academy."

"Persons who sought to accept the benefits of this proclamation were required to take and subscribe to, maintain inviolate, an oath of allegiance prescried therein.

"General Lee, although not included within the terms of this proclamation by reason of the above quoted exceptions, made application for a pardon which, however, appears never to have been aced upon by President Johnson. The required oath of allegiance did not accompany General Lee’s applciation (War of the Rebellion Official Records of the Union and Confederate Armies, Series I, Vol. XLVI, Part III, pp. 1275-1286).

"On July 4, 1868, President Johnson issued another proclamation of amnesty and pardon (15 Stat. 702) which was much broader in its application than that of May 29, 1865, in that it granted

"* * * unconditionally and without reservation, to all and to every person who directly or indirectly participated in the late insurrection or rebellion, excepting such person or persons as may be under presentment or indictment in any court of the United States having competent jurisdiction, upon a charge of treason or other felony, a full pardon and amnesty for the offence of treason against the United States, or of adhering to their enemies during the late civil war * * *".

"No oath of allegiance or other act was required of those who were pardoned by the amnesty of July 4, 1868, above cited.

"It would appear that this amnesty proclamation operated to pardon General Lee for the offense of treason for, so far as is known, General Lee was not under presentment or indictment upon a charge of treason or other felony.

"On July 13, 1868, nine days after the proclamation last above referred to, the Fourteenth Amendment to the Constitution was ratified by the last State necessary for its adoption.

"The third section of this amendment materially restricted the political rights of former officers of the United States who had participated in the rebellion against them, unless relieved from such disability by a vote of two-thirds of each House of Congress.

"In a proclamation dated December 25, 1868 (15 Stat. 711), President Johnson proclaimed and declared

" * * * unconditionally, and without reservation, to all and every person who directly or indirectly participated in the late insurrection or rebellion, a full pardon and amnesty for the offence of treason against the United States, or of adhering to their enemies during the late civil war, with restoration of all rights, privileges, and immunities under the Constitution and the laws which have been made in pursuance thereof.

"This proclamation following, as it did, the adoption of the Fourteenth Amendent, was necessarily limited in its operation by the restrictions imposed by that Amendement upon the President’s pardoning power. The proclamation was operative, however, to pardon General Lee for the offense of treason and restore all to his former constittuional rights, privileges and immunities except the right to hold certain offices.

"Following General Lee’s death, October 12, 1870, Congress, by the acts of May 22, 1872 (17 Stat. 142), and June 6, 1898 (30 Stat. 432), removed all political disabilities imposed by the 3rd Section of the Fourteenth Amendment.

"It seems clear that General Lee was in fact pardoned by President Johnson, if not by the proclamation of July 4, 1868, then certainly by that of December 25, 1868, and that any politcal limitations to which he was subject by the Fourteenth Amendment were removed by the act of June 6, 1898.

"It is the opinion of the War Department that full and complete amnesty was accorded to General Lee by the several proclamations and acts of Congress above referred to, and that there remains no disability with respect to him upon which a further act of the Executive or of Congress could be operative even if he were still living."

Sincerely yours,

J.A. ULIO,

Major General,

The Adjutant General

By:

Show me in history that ANY OFFICIAL BODY (Court, tribunal etc) had charged Lee with Treason and then M_A_Y_B_E_E youd have an argument there. Otherwise, your just egaged in email gum flapping .

The FACT that Lee was neither charged NOR convicted of anything that even said TREASON I suppose has no bearing in your mind.

Deal with fcts and evidence , not "Whatifs"

I "was speaking to the OP" before you barged in and decided to be a truncheon. This issue is whether LEE WAS GUILTY of TREASON ?.

You have no basis toclaim that either in history or in any supportive evidence.

Whereas a rebellion now exists whereby the loyal State governments of several States have for a long time been subverted, and many persons have committed and are now guilty of treason against the United States

You danced around all the facts
1 Lincoln's 2nd inaugural was conciliatory , whether Congress would override any proclamations was never to happen

2 The conditions of pardon were identified in Johnsons 1868 proclamation. The term "treason" was not in there

I, Andrew Johnson President of the United States, by virtue of the power and authority in me vested by the Constitution and in the name of the sovereign people of the United States, do hereby proclaim and declare unconditionally and without reservation, to all and to every person who, directly or indirectly, participated in the late insurrection or rebellion a full pardon and amnesty for the offense of treason against the United States

3. Further proclamations in 1871 removed any requirements against serving in the military command or in govt service of the US to former Confederate Officers

When you win a war next time, you can decide the terms and the definitions, until then, my vote cancels yours.