[republicanwizard]

It was impossible for the seceded states to cease to become American. Lincoln viewed secession as impossible. Therefore, though they might claim a new allegiance, the Confederates were still legally citizens of the United States.

[stainlessbanner]

the Confederates were still legally citizens of the United States.

Why require the '66 ironclad oath to reinstate citizenship?

[sheltonmac]

Lincoln viewed secession as impossible.

And as we all know, Lincoln's beliefs trump the Constitution.

[stainlessbanner]

Lincoln viewed secession as impossible.

'Any people whatsoever have the right to abolish the existing government, and form a new one that suits them better. This is a most valuable, a most sacred right.'

-Lincoln 1848

[Held_to_Ransom]

Therefore, though they might claim a new allegiance, the Confederates were still legally citizens of the United States.

And therefore traitors. They really shouldn't be buried under the US flag. Better an unmarked grave.

The state governments ceased to have legitimacy when they seceded, but the citizens of the states who didn't take arms against the United States government (close to half if not more than half) were always US citizens, and not necessarily traitors. Since all southern soldiers and sailers were drafted, they all have an excuse to claim they weren't willing traitors, but they also had plenty of opportunity to enlist in the Union Army as the war went on, and indeed, a very great number did so. Certainly southerners who served in the Union Army should be buried under a US flag whether they were forced to fight under the traitor flag before that or not, but to my knowledge, none of the Hunley crew fell into that category.

[MissAmericanPie]

I really don't give a flying flip what Lincoln viewed the south as. They can keep their stinkin statue.

[Aurelius]

"It was impossible for the seceded states to cease to become American."

Of course they couldn't cease to be American, they could and did, for a time anyway, cease to be part of the Umion.

Lincoln viewed secession as impossible."

Contrary to what some of you Lincoln worshippers seem to think, Lincoln was not God.

[norton]

Because Abraham Lincoln "viewed secession as impossible..."?

Now you're making him sole interpreter of the constitution as well as merely being a god-like figure come to earth to end the evils of slavery?

Secession was only impossible after the supreme court deemed it so - after the war.

[Texas Federalist]

I understand the rationale, I just don't agree with it. Lincoln's personal views don't define "law", nor does the state, ultimately. God does. People have the right to secede (see Declaration of Independence). Thus, those men who seceded, thus, were recognized as confederates under the Law, even if they weren't under the "law".

[archy]

It was impossible for the seceded states to cease to become American. Lincoln viewed secession as impossible. Therefore, though they might claim a new allegiance, the Confederates were still legally citizens of the United States.

No man is good enough to govern another man without that other's consent.

--Abraham Lincoln

All laws which are repugnant to the Constitution are null and void.

--Marbury vs. Madison, 5 US (2 Cranch) 137, 174, 176, (1803)