Why Lincoln Did Not Charge Confederates with Treason: A Closer Look

Introduction

The question of whether the Confederates could be charged with treason during and after the American Civil War remains a contentious topic. This inquiry delves into the complexities and legal considerations that ultimately led to Lincoln's decision not to charge the Confederates with treason.

The Lack of Treason Case

At the heart of the matter is the fundamental legal issue: could secession be deemed illegal, thereby making a case for treason feasible? In its simplest form, treason could not be charged because no legal case could make a convincing argument that secession was illegal. The argument for the right to secede was, in fact, much older than the argument for a perpetual union.

During the Civil War, the Union was focused on reuniting the nation rather than exacting revenge. The legal and political landscape also played a significant role in the decision. If treason charges had been brought against the Confederates, it would have been difficult to prove that secession itself was illegal, as the Union had seceded from the British Empire only 89 years prior.

Lincoln’s Death and Post-War Context

Abraham Lincoln died before any such treason charges could be brought against the Confederates. However, after the war, the Confederate leaders were offered pardons, which defined them as guilty by the virtue of their actions. His death meant that Lincoln was not able to bring a case to trial against the Confederates, and the matter remained unresolved.

On the last day of his life, Secretary of War Edwin M. Stanton and another man came to Lincoln's office. An arrested Confederate agent had been detained in Vermont. The president's response was succinct: “Let him go. When you have an elephant by the hind leg, it's best to leave him alone.” This statement reflects Lincoln's pragmatic approach to post-war reconciliation.

Conclusion and Further Reading

By examining Lincoln's decision not to charge the Confederates with treason, we gain insight into the broader context of the American Civil War and the challenges of maintaining and reuniting the nation. The unresolved question of whether a state could legally secede from the Union underscores the complexity of the issue. For a deeper dive into the topic, one can read “The Trial of Jefferson Davis,” which provides further context on the legal arguments and challenges during and after the war.

Further Resources

Why Lincoln Didn’t Charge Congress for Treason The History Channel’s Overview of the Civil War and Secession National Park Service’s Analysis on the Secession