Secession was not Treason

Today, an editorial appeared on the Los Angeles Times condemning the practice of the U.S. Department of Veterans Affairs flying Confederate flags at "...some national cemeteries on Memorial Day and on Confederate recognition days...."  (Confederate flags have no place flying over national cemeteries) The article claims that the Confederate Battle Flag "...remains a potent symbol of white supremacy, racial intolerance and oppression..." and that "[t]he U.S. government should not be flying the flag of the secessionists whose traitorous actions more than 150 years ago posed the most serious threat to the nation’s existence. Of course, a passionate attack on the institution of slavery and its related economic system follows. 

Editorials provide opinions and often offer few facts, twisting those that are presented in a manner that inflames emotions instead of stimulating the intellect. This one follows suit with a specious representation of history that appeals to the ignorant who are unaware of truth, the stubborn who refuse to acknowledge it, and the malicious who seek to destroy it to achieve their own ends. Many volumes have been written about the War Between the States, its causes and effects, and over time, Northern views and justifications for the War have prevailed. As a result, many (including Southerners), distracted by slavery, blindly accept fictions, half truths, and Northern self-righteousness without looking any further or considering the other side.

Facts that are a bit inconvenient to the version of history accepted in the above referenced Los Angeles Times editorial have been presented elsewhere in this Blog and for the sake of brevity, the following links are more efficacious than belaboring restatements:

1. "Why the Confederate Flag is Reviled Today"
2. "State Sovereignty and Secession"
3. "The 'Civil War' was Fought to Impose Political Slavery"
4. "A Misguided Infatuation with Lincoln"
5. Diversity in the Southern Ranks

However, it is necessary to directly address two points of the editorial, one of which is explicit and the other implicit.

First, the editorial explicitly considers secessionists traitors. Secession was considered to be in accordance to the construction of the Constitution as it was understood by the Founding Fathers and it was first introduced, not in the South but by delegates of New England states who attended the Hartford Convention because they were dissatisfied by the Madison Administration and the War of 1812. When the Southern states seceded, Ordinances of Secession were passed in the state legislatures by lawful representatives of the people who sought independence in accordance with the principles established in the Declaration of Independence. Once the Confederacy was formed, Peace Commissioners were sent North to achieve independence without bloodshed.  While the Buchanan Administration rightfully determined that the Federal government had no authority to invade states that had seceded, Lincoln responded with a call for troops and invasion precipitated a defensive war. The South never levied war to take over the government of the United States, its most conspicuous civilian leaders (including Jefferson Davis, Alexander Stephens and Clement Clay), and its preeminent military commanders were never convicted of treason.  Clearly, secession is not treason.

Second, passionate arguments regarding slavery imply that the North held the moral high ground during the War, making it easy to forget or ignore uncomfortable facts. The Corwin Amendment, introduced to discourage the secession of Border States, would have forever prohibited Congress from interfering with slavery, The New York draft riot was a reaction to Lincoln's Emancipation Proclamation that prompted attacks on free blacks that included murder and the destruction of property; many were driven from their homes. Slavery continued in slave states that did not secede from the Union throughout the War, harsh black codes remained prevalent in the North, and slaves were abused by invading Northern troops (including murder, rape, and destruction of their dwellings). These facts fully demostrate that the War was not prosecuted for the well being of the black race and this is further underscored by Lincoln's primary justification for invasion: collection of taxes on goods produced by slave labor so that the Union did not lose the revenue.