“In my opinion the officers and men paroled at Appomattox C.H. and since upon the same terms given to Lee, cannot be tried for treason so long as they observe the terms of their parole…..I will state further that the terms granted by me met with the hearty approval of the President at the time, and of the country generally.”
When Grant went to the White House, he found Johnson unyielding. The President said he wanted “to make treason odious,” stating that Lee and other rebel leaders had to face punishment…..“When can these men be tried,” asked Johnson.
Grant replied, “Never, unless they violate their parole. I have made certain terms with Lee, which were the best and only terms. If I had told him and his army that their liberty would be invaded, that they would be open to arrest, trial, and execution for treason, Lee would never have surrendered, and we should have lost many lives in destroying him. My terms of surrender were according to military law, and so long as General Lee observes his parole, I will never consent to his arrest. I will resign the command of the army rather than execute any order to arrest Lee or any of his commanders so long as they obey the law.”
Secession is not unconstitutional and therefore not treason.