A Question of by Joan Wenner, J.D. It has been quoted that treason; the only offense defined by the Constitution, can be difficult to prove and is rarely pros ecuted against U.S. citizens, al though Confederate President Jefferson Davis is often cited a an example. Though imprisoned at Fortress Monroe, Davis was never tried. His Vice President, Alexander H. Stephens, was arrested and imprisoned after the war but soon released and later served Georgia as a U.S. senator and as governor. Historians say the government essentially decid ed trying the Confederates would not help the country. In actuality, the Constitution does not directly mention ‘secession;’ the Supreme Court labels the government as “indestructible.”
Briefly, the “President and Congress have the whole of the political, national and inter-st power of the Union...;” “the states have no power to form a Confederacy within the Union composed of any of its States.” Additionally, the states have no
CW N America’s Mon n? right to organize an army or navy or make war or invade “any other states by military power, or to s to divide or disrupt the Union, o defeat by force or menace the execution of Congressional acts for the use of any State, or the Southern Confederacy, any fort, Custom house, mint, or vessel of the Union...those acts are treaso whether done by private persons, or armed men, or officers of a Southern Confederacy, State Legislatures or State Conventions.” Note: This was a scholarly Constitutional law work on the Law of Treason by Gardner’s Institutes (a publisher of U.S. law books) prepared in 1860, and subsequently printed by the New York Times newspaper on April 21, 1861.
To extend the interpretation, those who would aid, if done with knowledge, the existing Southern conspiracy by loaning money to, or in making, selling, transporting arms, munitions, clothing, supplies, or anything for the reb armies, “are traitors.” News arti cles, state proclamations, or any act levying war, armed meetings are treasonable, “if in the small est degree aids and encourages the treason by levying war at a remote point.” “That secession is treason and subject to capital punishment.”
U.S. STATUTES, Title 18 United States Code, Sections 2381, 2382, 2383, 2384, and 2385 based on Public Laws, 1909, and as amended in 1948, and subsequently increasing penalties for violation. Most basically for our purposes here: Section 2382, Treason – Whoever owing allegiance to the United States, and having knowledge of the commission of any treason against then,
the same to the President or to some judge of the United States, or to the governor or to some
Print showing Robert E. Lee and 2 of Congress.
judge or justice of a particular State, is guilty of misprision of treason and shall be fined under this title or imprisoned not more than seven years, or both.
18 U.S.C. Section 2383, Rebellion or Insurrection Whoever incites, sets on foot, as sists, or engages in any rebellio or insurrection against the authority of the United States or t laws thereof, or gives aid or com fort thereto, shall be fined unde this title or imprisoned not more than ten years, or both, and shal be incapable of holding any offic under the United States.
18 U.S.C. Section 2384, Seditious conspiracy – Relates to conspiring with others “to
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overthrow, put down or to dest by force” or “prevent, hinder, delay of any law of the United States” – or take or possess a property of the United States – can get you twenty years. Section 2385 covers Advocating Overthrow of Government Civilian military activity and organizations “subject foreign control” are covered i subsequent sections.
It has been noted that, due massive newspaper coverage of the Wirz Tribunal and the lack trials against major Confedera leaders such as Robert E. Lee, appeared to average Americans,
nspection, ARMS! Letters to the Editor News Briefs
both North and South, that Wirz was the only person tried, convicted, or executed after the w President Andrew Johnson on May 29, 1865, issued a proclamation granting amnesty to most Confederates, except for Robert E. Lee, who did sign his Amnest Oath on October 2, 1865, but wa not formally pardoned. According to a 2018 report by Politico, “Lincoln had issued 6 pardons for war-related offense 22 for conspiracy; 17 for treas 12 for rebellion; 9 for holding office under the Confederacy; and 4 for serving with the rebels.” One of those convicted during the war of treason was a
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