[hanamizu]

“So why was not one single person ever charged with treason?”

---

Actually one person was charged and convicted of treason during the Civil War: William Bruce Mumford tore down the flag at the New Orleans Mint in 1862. He was tried by a military tribunal, convicted and hanged at the mint about 5 weeks after he removed the flag. New Orleans had not yet surrendered when he did this and his trial and execution was controversial at the time.

Southern generals may well have committed treason, but they were never charged or convicted of the crime, therefore under our system of justice, they aren’t traitors, you know, that innocent until proven guilty thing.

[ontap]

but they were never charged or convicted of the crime,

There was a reason for this....the North would have had to explain a lot of things leading up to the South deciding to secede.....Lincoln knew this would further antagonize the south so it was decided to forgive and forget(so to speak)!!!! Lincoln insisted that Grant go easy on the south for this reason!!!

[woodpusher]

Actually one person was charged and convicted of treason during the Civil War: William Bruce Mumford tore down the flag at the New Orleans Mint in 1862. He was tried by a military tribunal, convicted and hanged at the mint about 5 weeks after he removed the flag.

• 4/26/1862 Mumford tore down the flag.

• 4/29/1862 New Orleans surrendered.

• 05/01/1862 Butler occupied New Orleans.

• 05/01/1862 Mumford was arrested and charged: "May 1, Mumford was arrested and charged with "high crimes and misdemeanors against the laws of the United States, and the peace and dignity thereof and the Law Martial."

• 05/30/1862 – Mumford was tried before a military tribunal of Gen. Butler’s officers. He was convicted. The tribunal didn't bother to determine whether the city was actually occupied when the event occurred.

• 06/05/1862 - Butler issued the following Special Order No. 70: “William B. Mumford, a citizen of New Orleans, having been convicted before a military commission of treason and an overt act thereof, tearing down the United States flag from a public building of the United States, after said flag was placed there by Commodore Farragut, of the United States navy: It is ordered that he be executed according to sentence of said military commission on Saturday, June 7, inst., between the hours of 8 a.m. and 12 a.m. under the directions of the provost-marshal of the District of New Orleans, and for so doing this shall be his sufficient warrant.”

Butler proclaimed Mumford to have been found guilty of an offense he had not been charged with and proceeded to order an execution. There appears to be no actual record of a conviction for treason, nor the requisite testimony of two witnesses to the same overt act. Moreover, before New Orleans had become Union occupied territory, it was hardly possible for Mumford to have committed any crime by tearing down what was then an enemy flag. Butler's proclamation was issued after the event and enforced ex post facto.

12/12/1862 - Butler was removed from command of New Orleans. President Abraham Lincoln issued an order that no military execution should take place in any department until it has received presidential review and approval.

Butler's Proclamation upon the occupation of New Orleans.

O.R. Ser I, Vol 6, pp. 717-720

At 717: PROCLAMATION; HEADQUARTERS DEPARTMENT OF THE GULF, New Orleans, May 1, 1862.

At 718: "All flags, ensigns, and devices tending toui)hold any authority whatever, save the flag of the United States and the flags of foreign consulates, must not be exhibited, but suppressed. The American ensign, the emblem of the United States, must be treated with the utmost detference and respect by all persons, under pain of severe punishment."

At 720:
By command of Major-General Butler
/s/
GEO. C. STRONG,
Assistant Adjutant-General, Chief of Staff.

O.R. Ser I, Vol 6, pp. 722-23

[General Orders, No. 23.] Hdqrs. Department of the Gulf, New Orleans, May 6, 1862.

A military commission, of not less than five commissioned officers of and above the rank of captain, with a recorder and legal adviser, is constituted and appointed, for the trial of all high crimes and misdemeanors which by the laws of any State in the Union, or the United States, or the laws martial, are punishable with death or imprisonment for a long term of years.

The sentence of such courts will be assimilated to those provided by such laws, due regard being had to the necessity of severity and for prompt punishment incident to the crimes and disorders arising from a state of war.

The commission will sit at all convenient hours for the dispatch of business, will be attended by the provost-marshal or his assistants, all its orders respected and obeyed, and its summonses complied with. As the motives of men make so largely the element of the crimes cognizable by this commission, the rules of evidence of the English common law may be so far relaxed as to allow the accused to be questioned in presence of the commission, always leaving it to his free choice to respond or not to the questions proposed.

The accusation will be substantially in the form used in courts- martial, excepting that it should fully set forth a description of the accused, his residence and business, whether or not he has been a loyal citizen, his antecedents, character, and acts in that regard, so far as known, which portion of the accusation may be put in controversy at the trials, provided the accused be not a soldier of the United States.

All proceedings, findings, and sentences of this commission are to be subjected to the approval of the commanding general," and will be carried into effect upon his order.

The following-named officers are detailed for and will constitute such commission

1. Col. Henry C. Deming, Twelfth Eegiment Connecticut Volunteers.
3. Col. N. A. M. Dudley, Thirtieth Eegiment Massachusetts Volunteers.
3. Lieut. Col. O. M. Wbelden, Thirty-first Regiment Massachusetts volunteers.
4. Maj. F. A. Boardman, Fourth Regiment Wisconsin Volunteers.
5. Capt. Peter Haggerty, aide-de-camp.

Maj. J. M. Bell, volunteer aide-de-camp, recorder and legal adviser.

By command of Major-General Butler

GEO. G. STRONG,
Acting Chief of Staff.