So, does Lee's deep struggle over his decision to support Virginia over the U.S. somehow exonerate him and all other Confederate soldiers and officers from having, yes, committed treason? Why do you falsely present Lee's personal quotes as representative of all Confederate soldiers and their beliefs? I really do not understand your logic here. Does his own moral struggle over violating his oath and yes, even over the institution of slavery (commendable as it is), somehow make his indefensible actions defensible....? Does a convicted man who claims he felt remorse and shame while committing a crime excuse him of his responsibility to atone for it?
Your example of Texas v. White is also amusing. Yes, the letter of the law that secession is illegal was established in 1869. Do you believe that just because this legal precedent didn't exist in 1863 that the war waged by the Confederacy somehow wasn't treason, both in spirit and action? Or are you implying that because it was not explicitly illegal to do so, the Confederacy's actions can be partially or wholly excused?
You had Lee, a former superintendent of West Point, and many other officers who had graduated from that institution turn against the government that founded it. They betrayed their oaths. The reasons for the betrayal aren't even important. If you eliminate slavery from the equation and judge by their actions alone, it is impossible to deny that what Confederate officers did was anything but treason. Read the Confederate constitution...it is thoroughly clear what they intended to do; break away from the Union and claim independence as a sovereign nation wholly outside the purview of the U.S. Constitution. They violated the principle of civilian authority over the military. The Confederacy was the first to strike at Ft Sumter and attempt to achieve its political objectives through violence. During the course of the war, the CSA desperately tried to enlist the help of foreign powers, Britain and France, against the U.S. How is any of that not treason?
Let's say Texas v. White was decided 10 years earlier in 1859. And the Confederate states did NOT have the legal justification to secede. Does it make their actions any MORE wrong, just because the law said so?
You can argue that rule of law should prevail and that stare decisis is a critical pillar of our government's separation of powers but who are we really kidding? The U.S. was not even 80 years old (was judicial review even a thing?); like you stated, the majority of Americans identified more strongly with their home state than the Nation itself. The country was only just starting to develop a more mature body of laws, politics, economy, society, and most importantly, a national identity until half the country decided that preserving slavery was more important than preserving the Union.
For the record, I don't necessarily support renaming any Army bases. I believe its an idea worth exploring and I think there is a strong case for renaming them. It is a tough debate and I can think of arguments to support both sides. I'm just a little disturbed that anyone would try to argue that the Confederacy was not treason. It most definitely was.
And final note, someone already said it, but I have yet to hear anyone seriously suggest we as a country "erase history". I am not sure why or where this idea came from. Remembering and studying Robert E Lee and other characters of the Confederacy is different from venerating him. Petraeus said it best. Statues may come down but that doesn't mean their memories and rightful place in history will be erased from textbooks and lessons.
***MOD HAT OFF***
Okay...where to begin? First, let's discuss one statement you made, incorrectly, immediately. "
Why do you falsely present Lee's personal quotes as representative of all Confederate soldiers and their beliefs?" First, I presented nothing "falsely" and your statement that I did is tantamount to calling me a liar, which you have no reason to do and no basis in facts to state. I simply described the general populace beliefs of the time as is illustrated in numerous history books, accounts, diaries, books, etc., of how people generally viewed their allegiance, especially in the South and Midwest. With my comments about Lee, I simply presented Lee's own words to show the angst that he suffered in his decision making. As for the "other Confederate soldiers and their beliefs? Neither you nor I can know what was in the heart of the literally hundreds of thousands of Confederate or Union soldiers. I can speak for the "maybe a dozen" diaries I have read (written in their own hand) of some Confederate soldiers and some Union soldiers (these diaries are held by families I know). In them, they don't speak of grandiose philosophical debates of the union, national identity, the Constitution of the USA, or anything so grand. The southern soldiers speak of "northern troops invading our homes, destroying our farms, killing our livestock." Like the majority of soldiers in the Union armies, the Confederate soldiers were, by and large, a simple people. There are some excellent books, now being reprinted, that were written in the late 1800s by former soldiers of both armies. Check them out if you never have; they offer some very interesting perspectives from first-hand narratives.
Next..."
Does his own moral struggle over violating his oath and yes, even over the institution of slavery (commendable as it is), somehow make his indefensible actions defensible....?" Again, an excellent but questionable statement. You say he "violated his oath." What oath? When he resigned his commission, he was released of any oath of fealty to any prince or potentate. At that point, he was under no obligation, legally, to any federal government. One could argue that "yes, he was obligated to obey local and state laws and any federal laws that applied to all the states as a citizen of the United States." Okay, however at that time there was no law against secession as the Supreme Court decision on this didn't come until 1869. Interesting that you find that amusing, but that's your opinion and that's fine. My opinion is different, and that's fine too. I think that one's actions in such a unique situation and time are a little more "fuzzy" than "black and white" in the matter of law, honor, and integrity. At that time, allegiance to the state was first and foremost in most people's minds/hearts (definitely in the South, but also manifested in New England and the MidWest). Yes, when taking a position with the military they swore an oath to the Federal government. And by all accounts, they (generic all-encompassing) served honorably. However many chose to resign those commissions and to renew their allegiance to their native state in a time of national crisis. And when their state determined that it no longer wanted to be part of the "great experiment" and voted to secede, they offered to serve their state and the new nation. Again, given the times, the beliefs of the peoples of the time, this is understandable from a historical context. There is no statement or declaration in the Constitution of the United States prohibiting secession.
"are you implying that because it was not explicitly illegal to do so, the Confederacy's actions can be partially or wholly excused?" I believe, again based upon studying the Constitution, the Articles of Confederation, and the national "mood" of the times, yes, you can argue that their actions were based upon a belief in legality. I make no "excuse" for the action, I simply understand its cause at that time. Later decisions in law determined that there is no provision in the US Constitution to allow for secession and therefore that action was illegal. Your comment re:
stare decisis is telling. You believe (my understanding, based upon your tone) is that we shouldn't have relied upon
stare decisis because the country was "
not even 80 years old (was judicial review even a thing?" If we're to be consistent in the argument, then yes it should have been applied and the fact that it hadn't been decided prior agrees that no law then on the books, or interpretation of the Constitution, would hold
against secession, and therefore, it would be legal.
Putting all that aside (I told you, I go all over on this, it's a topic of great interest, mental debate, and food for thought all at the same time), Isn't it telling though that President Andrew Johnson on Christmas Day, 1868, by Executive Order, pardoned all individuals that had served the CSA in any capacity? Wouldn't it have been grand if people, from that point forward, worked together instead of against each other? However, the times and society being what it was then, that wasn't going to happen. NorwichDad's post above is superb, and speaks to the times and the societal mores...would that it had changed. Think about how much better we might be today.***Side note: NorwichDad mentions Grant...if you missed the three-day mini on Grant recently, I highly recommend it!!***
With the benefit of 160 years of history and social/national change, it's easy for people to label others. "All individuals, regardless of anything, were traitors if they served, fought, or aided the Confederacy." Okay...that can be argued based upon the Constitutional definition of treason and the Supreme Court decision of 1869, and there's little argument to oppose it. However, do we truly need to add vitriol to labeling? How about we just teach history, in all its context, so that todays youth, and tomorrows, know all, not just select bits? Perhaps in 100 years people will be different, but open vitriol against certain people, that but for four years, would be normally revered in US history, is just going to cause more angst. Better to leave the lessons in history.
Lastly...nowhere did you see me argue that the creation of the Confederate States of America wasn't treason. Your comment "
I'm just a little disturbed that anyone would try to argue that the Confederacy was not treason. It most definitely was." If you assumed that because I didn't go into more depth, okay, that's fair but incorrect. My comments were directed at the agony of the decision Lee and others had to make and, taken into context of the time, how challenging it had to be. Nothing more. Of course, at the end of the day, it was determined to be treason, and while people may argue that, in my mind with the decision of the Supreme Court, the argument is moot.
A good discussion, you made me think and that's always appreciated!
Steve
***BACK TO MOD WORK***