Robert E. Lee's Refusal to Commit Treason

In a rare case of self-inflicted torture, I watched some of Maine Senator Angus King’s questioning of Pete Hegseth, U.S. Secretary of Defense (now War). Various topics were covered, including the renaming of bases. King falsely accused Robert E. Lee of committing treason by resigning from the U.S. Army and siding with his State in 1861. Since King was born in Virginia, one might ask if he really believes that nonsense or if he is just another historical dimwit.

Much has been written about Lee’s decision to side with Virginia. Yet, in that era, it was commonplace for individuals—mainly in the South—to view their State as their country (the terms are interchangeable). There was certainly historical precedent. Article I of the 1783 Treaty of Paris identifies the thirteen “free, sovereign, and independent” States that made peace with Great Britain. The same language was used in Article II of the Articles of Confederation. Additionally, the compact nature of the U.S. Constitution was understood during the Constitutional Convention. The compact reality was referenced by both Thomas Jefferson and Alexander Hamilton and covered extensively by Albert Taylor Bledsoe (Is Davis a Traitor?), St. George Tucker (View of the Constitution of the United States), John Taylor of Caroline (New Views of the Constitution), and others. Furthermore, Robert Yates’ notes from the Constitutional Convention made it clear the true “States’ Rights federalists” won and the “nationalists” lost and the States did not forfeit their sovereignty. For obvious reasons, nationalists will vehemently deny the States are sovereign and some will claim they never have been.

With his State still in the Union, Virginia’s U.S. Representative Alexander R. Boteler warned the Lincoln Administration that coercing States and threatening to invade them would trigger his home State’s secession. Lincoln’s appeal for 75,000 volunteers from each State to put down the so-called “rebellion” pushed out Virginia, North Carolina, Arkansas, and Tennessee. This call for invasion incensed the governors of Virginia, Tennessee, Missouri, North Carolina, Arkansas, and Kentucky. Although most Southerners understood the Union to be a voluntary coalition, Lincoln claimed the Union preceded the States and was formed through the 1774 Articles of Association, a colonial boycott of British goods. As Professor Thomas DiLorenzo wryly noted, that is like saying a marriage is older than the two spouses.

Robert E. Lee loved the original Union—the one that was destroyed by Lincoln and his corporate, banking, and political supporters. Lee’s family legacy was imbedded in the struggle for American Independence and he opposed a forced Union, stating, “A Union that can only be maintained by swords and bayonets has no charm for me.” Indeed, the American Colonies had broken away from a similar monstrosity. Lincoln became the new “King George.” However, the real King George was much more benevolent than Lincoln, who not only supported war against combatants but also approved total war against women, children, and property.

You can always rely on the usual suspects to claim Lee committed treason – Alan Guelzo, “Taliban” Ty Seidule, Kevin Levin, etc. Indeed, anyone who believes in the Joseph Story “nationalist theory” or that the U.S. is a “democracy” will likely make that claim. After Virginia exercised its sovereign rights, held a convention and voted to leave the Union, critics of Lee cannot fathom his unadulterated allegiance to his home State, choosing instead to believe the theory promoted by Story, Daniel Webster, and others in the 1830s that a “nation” was created—a word absent from the founding documents. They also seem to forget that it took nine States to make the U.S. Constitution valid and there was no guarantee that every State would choose to join it.

Article IV, Section 3 of the constitution states that the federal government cannot interfere in State affairs unless invited by the legislature or governor of that State. Furthermore, treason is defined in Article III, Section 3 using the plural terms “them” and “their” – this references the States, not the general government. Therefore, invading a State is the classic example of treason. Most founders thought such an agenda would be preposterous—they clearly did not envision someone like Lincoln.

Lincoln insisted the Southern States did not actually secede, but they were simply “out of their practical relations with the Union.” Who do you think was aware of this sophistry? Robert E. Lee as well as hundreds of thousands in both the North and the South. Lee refused to be part of an invasion of his home State or any other States that voted to secede. Based on Lincoln’s contention the seceded States were actually still part of the Union and the feds were not invited into any of those States, Robert E. Lee refused to commit treason by being a part of an invasion of those States.

Sources: Union At All Costs: From Confederation to Consolidation, by John M. Taylor; Articles of Confederation (1777), National Archives, at: https://www.archives.gov/milestone-documents/articles-of-confederation; Treaty of Paris (1783), National Archives, at: https://www.archives.gov/milestone-documents/treaty-of-paris, “Robert E. Lee Quotes”, BrainyQuote, at: https://www.brainyquote.com/quotes/robert_e_lee_752993; A View of the Constitution of the United States of America, by William Rawle, Jr .; John Taylor of Caroline County, published New Views of the Constitution of the United States in 1823. Taylor referenced Robert Yates’ book, Secret Proceedings and Debates of the Constitutional Convention. Yates attended the Constitutional Convention and took detailed notes of the proceedings. Using Yates’ notes, Taylor obliterated the claims of ‘nationalists’, e.g., Hamilton, Clay and Lincoln. The Radical Republicans were so adamant about making sure everyone swore proper allegiance to the “constitution” that they instituted the “Soviet-styled” Ironclad Oath in 1862.

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