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To: Renatus
"Robert E. Lee, 'Stonewall' Jackson, J.E.B. Stuart, James Longstreet, Johnston, etc. were TRAITORS because they had all taken an oath (made a vow) to defend and protect the Constitution of the United States."

Actually, it is only your opinion these men were traitors. In the legalistic term, they were never tried nor convicted of anything resembling treason.

If I were either of these men, I'd have anyone associating the unsubstantiated accusation of treason with my name sued for sander and/or malice.

If you defame a private individual, that person would have to be able to prove: 1) that you made a statement, reported as fact, to another person; 2) that the statement was false; 3) that the statement caused damage to that person; and 4) that you were negligent in making that statement. If you defame a public figure (such as a celebrity or member of government, for example), that person will have to prove: 1) that you made a statement to another person, reported as fact; 2) that the statement was false and caused damage; and 3) that you made the statement with actual malice-that is, with knowledge that the statement was false or with reckless disregard as to whether the statement was false or not.

Only a court of law may find a person guilty of treason, and therefore, a traitor.

30 posted on 06/13/2003 8:36:54 AM PDT by azhenfud
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To: azhenfud
Actually, it is only your opinion these men were traitors. In the legalistic term, they were never tried nor convicted of anything resembling treason.

And thereby, anyone describing them as such, is not only a liar should they continue to do so after being so corrected, but is unworthy of calling themselves an American, since the requirement for a conviction of treason as described in the US constitution itself was never met:

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

-- U.S. Constitution, Article 3, Section 3


33 posted on 06/13/2003 8:49:15 AM PDT by archy (Keep in mind that the milk of human kindness comes from a beast that is both cannibal and a vampire.)
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To: azhenfud
And I'll bet you think that OJ really is innocent, too.
39 posted on 06/13/2003 9:43:09 AM PDT by Non-Sequitur
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To: azhenfud
In the legalistic term, they were never tried nor convicted of anything resembling treason.

People get away with heinous crimes all the time.

But even in 1862, the federal government issed a general amnesty for acts of treason. Even John Merryman, who raised secessionist troops and burned bridges in his home state of Maryland (which of course passed no secession documents) was released -after- being indicted for treason.

Later, he was a serving officer in the rebel army.

There was no desire to prosecute. But the perpetrators were still as guilty as sin.

Walt

85 posted on 06/15/2003 5:38:17 AM PDT by WhiskeyPapa (Virtue is the uncontested prize.)
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To: azhenfud
Actually, it is only your opinion these men were traitors.

Well, not only.

The Supreme Court called the secessionists traitors in 1863; President Lincoln called them traitors in his special address to the Congress of 7/4/61.

To say the rebels were -not- traitors is Newspeak. It is right out of "1984".

Walt

113 posted on 06/15/2003 6:40:35 AM PDT by WhiskeyPapa (Virtue is the uncontested prize.)
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