by W. H. Lindgren

Created on: July 07, 2010   Last Updated: December 29, 2010

Robert E. Lee should have been tried for treason along with the confederate president, Jefferson Davis (who was charged with treason, but never moved on to trial), all of the confederate cabinet officers during 1861 to 1865, all the governors of the states that seceded from the union during that time and all officers above the rank of major in the confederate armies or state militias. To the extent that fair trials may have been possible, the federal civil courts would have determined appropriate punishments for the leading insurrectionists and the military officers who carried out the rebellion.

Some people and some historians, including modern day states rights advocates, claim that there were and are legitimate reasons, legal justifications, for a state to secede from the United States. Such claims are false. The Constitution expressly forbids any of the states to take such actions.

"Section 10 - Powers prohibited of States

"No State shall enter into any Treaty, Alliance, or Confederation; grant Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

"No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.

"No State shall, without the Consent of Congress, lay any duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay."

Furthermore, the Supreme Court ruled in Texas v. White (the ruling here with a very brief summary here) that a state cannot secede and the actions of a rebellious entity are "null and void." 

First, and perhaps foremost, the rebels named themselves "Confederate States of America" in direct, blatant violation of the prohibition against entering into an alliance or "confederation." Second, the self-styled confederation printed worthless paper money when a state may only identify gold and silver coin as legal tender. Third, the various states of the confederacy laid tariffs

• 1
• 2
• Next Page >>