Read the Constitution, Wlat. As I suggested above, and which you are refusing to do, because that would require you to modify your view, which you refuse to do because you're a bigot. The charge of treason requires, among other things, that Lee be a United States citizen, which he wasn't any more, and that he give concrete assistance to belligerent enemies of the United States. By "belligerent", Wlat, we understand that "there is a war going on". There was not "a war going on" between the United States and Virginia during the period in question. Therefore, the charge of "treason" against Robert E. Lee fails on two of the particulars necessary to support it.
Do you need me to use smaller words, Wlat? Are you getting your mind around this, or do you need me to simplify it some more? Maybe resort to charts and diagrams and a sand table, and perhaps introduce Fred Rogers to help explain it to you?
Read the Constitution, Wlat.
The Constitution says, "Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort."
Lee clearly did that before his resignation was accepted. You don't think that a big deal, fine. Others may differ on it.
"According to paragraph 24 of the Regulations of the Unted States Army, "No officer will be considered out of service on the tender of his resignation, until after it shall have been duly accepted by the proper authority." Paragraph 28 states that "in time of war, or with an army in the field, resignations shall take effect within thirty days from the date of the order of acceptance." But Lee disregarded these restrictions. Between the posting of his resignation on April 20 and its acceptance on April 25, Lee drew his sword with remarkable alacrity."
-- "Lee Considered" p. 39 by Alan Nolan
"April 20, the day that Lee wrote and dispatched his resignation, was a Saturday. On the evening of the same day, he received the initial communication from Judge Robertson, Governor Letcher's representative, requesting an interview to take place on Sunday, April 21. Lee responded at once, setting the meeting for Sunday in Alexandria. Robertson did not appear on Sunday but that night Lee received an explanation from Robertson and an invitation, in the name of the governor, to go to Richmond for a conference with the governor. Lee again responded at once, saying that he would meet Robertson the next day, April 22, in Alexandria, in time to travel vrith him to Richmond. The two men traveled together on April 23 to Richmond, where Lee was offered and accepted the Virginia commission and, on the same date, was confirmed by the convention. Having been posted on the twentieth, Lee's resignation was not on the twenty-second a public document. Indeed, as Lee conferred with the governor of Virginia, accepted Virginia's commission, and won confirmation from the convention, the War Department of the United States was receiving the resignation and processing it so that it could be accepted on April. 25...Vice President Alexander H. Stephens, whose well-knovm "corner- stone speech" of March 1861 had proclaimed that the Confederacy's foundation rested on the great truth of black slavery, had been appointed by President Davis as special commissioner to Virginia on April 19, 1861, the day before Lee sent in his resignation from the United States Army. Governor Letcher had previously advised Davis of the desire of Virginia to enter into a defensive and offensive alliance vrith the Confederacy. Dispatched to Richmond, Stephens was instructed by Davis to be receptive to the alliance and to negotiate with Virginia on the premise of that state's becoming a part of the Confederacy. Stephens arrived in Richmond on April 32 and was present during part of the activity looking toward Lee's appointment on that day. Also on April 22 Virginia's secretary of state sent a communication to Jefferson Davis staling, "I am directed by the Governor to inform you that Colonel Lee is here. The Governor has sent in his nomination as commander of the land and naval forces of Virginia, with rank of major- general. Nomination will be confirmed. "Promptly after his confirmation by the convention, Lee met with Stephens and agreed that Virginia should join the Confederacy. "
Ibid pp. 41-42
Lee clearly violated the regulations of the United States Army in meeting with secessionist leaders, who were in the process of levying war on the United States.
The surrender terms that General Grant allowed meant that Lee would not be tried for treason, but there is no doubt that he did commit treason against the United States, whether convicted or not.
As the txt above shows, Lee received a communication from the secessionists on April 20, thuis begging the question of whether or not he had been in communication with them even before he posted his resignation.
Walt
No state has ever been out of the Union. The Supreme Court ruled, further, that all acts and ordinances of secession were null and void.
Had there been enough support for such in the country after Appomattox, there is no doubt that Lee and many others would have met the same fate as the four plotters in the assassination of President Lincoln. His firm refusal to even consider treason trials helped to save the rebel leaders.
Walt