One of the problems with The Civil War is that those states that seceded should be considered traitors. This treats the situation far too simply, and needs to be looked at in a bigger scope.
At the time there was some debate whether or not the states could even secede. The states were loosely organized, and a lot of states on both sides did not really consider themselves part of an actual country so much as a loose confederation of independent states. The government had very little power, and it usually stopped at the state level; while the United States government had power it was decidedly limited. There was just nothing to really give the government some real bite to its bark.
When the states did secede there was a debate on whether or not they should be just be let loose or not. By then the Southern states had no serious political power, the Northern states could easily do without them, and they were considered an embarrassment by other countries. Outside of some possible affront to the country's honor, there was no real reason to pursue the option of going after them. If the Confederate armies had not fired on Fort Sumter, odds are good they would have been allowed to fizzle out on their own.
However, that loose nature needs to be considered. At the time, countries world-wide were seen more as small states and their colonies. England was about as organized as it got, and they were quickly losing their colonies. More typical were the Germanic and Italian states, which were organized more as federations of loosely organized states; they would only get together when it came time to ally together for purposes of mutual defense, but otherwise pretty much ignored each other outside of their parties.
The United States was between the two of them, where the individual states worked together for common purposes and interstate trade but otherwise were pretty much on their own. The new territories were an issue as they could alter the balance of power once they came into their own and petitioned for statehood, but the point is that the states were not as linked as they were today. This created the problem that individual states could, in theory, split off whenever they wanted to without issue; they had united for a common cause but if they no longer had that same cause then they should be able to split off.
That's where things get interesting. Treason is usually defined as acts that act against the interest of the state as a whole, usually acts of extreme disloyalty to the state. Acts against the government as well as espionage that give out state secrets are obviously treason, as well as acts that encourage sedition. A state, like any other organization, requires that its members be loyal to the state; it only operates when everyone is one the same page. While protests and such are acceptable as long as they merely allow expression of that protest; actually obstructing that state from operating is something that needs to be avoided.
When the various states that made up the Confederate States of America split off, there was no question that their actions constituted lack of loyalty to the state in question. However, there is the question of whether or not the act of seceding itself constitutes treason. When someone leaves a country due to a dislike of the country's policies, it's not treason; no one blames the person for staying in what they see as an untenable situation. When companies decide to part ways, no one blames either company; it's considered good business sense to separate from a business partner that has decided to go another direction.
Secession is pretty much the same thing, but on a bigger level. It's the political version of a split-up: One or more state decides that the partnership is no longer working and so decides to split from the larger union. The North no longer needed the South's drama, and told the South to grow up; the South felt it was being picked on and decided to pack up and leave. The South decided it had had enough and decided to go on to what it thought were greener pastures.
As such, it's debatable on whether or not secession can be legitimately called treason. Although there is no doubt that there was some disloyalty shown, there is the issue that it was because the various states decided that they could no longer do business with the other states as part of the same union and that it made sense to separate. If anything, it's probably the best thing that could have happened, as the writing was on the wall: Slavery had overstayed its welcome and was on the way out, and there was no way to predict what would have happened to the South or what it would have done when slavery was finally abolished.
In essence, there's just not enough legal ground to say that secession should be considered treason or not, especially as none of the states had really decided that the membership in the United States had to be a permanent thing. Although the Civil War decided that particular matter, until that war and the ensuing legal storm the Southern states should have been able to split off with no problem. They no longer wished to work under the same framework as the rest of the states, so it was probably a good thing, politically, that they decided to do so. On pretty much every other level, however, they should probably have just dropped the whole slavery thing.....
At the time there was some debate whether or not the states could even secede. The states were loosely organized, and a lot of states on both sides did not really consider themselves part of an actual country so much as a loose confederation of independent states. The government had very little power, and it usually stopped at the state level; while the United States government had power it was decidedly limited. There was just nothing to really give the government some real bite to its bark.
When the states did secede there was a debate on whether or not they should be just be let loose or not. By then the Southern states had no serious political power, the Northern states could easily do without them, and they were considered an embarrassment by other countries. Outside of some possible affront to the country's honor, there was no real reason to pursue the option of going after them. If the Confederate armies had not fired on Fort Sumter, odds are good they would have been allowed to fizzle out on their own.
However, that loose nature needs to be considered. At the time, countries world-wide were seen more as small states and their colonies. England was about as organized as it got, and they were quickly losing their colonies. More typical were the Germanic and Italian states, which were organized more as federations of loosely organized states; they would only get together when it came time to ally together for purposes of mutual defense, but otherwise pretty much ignored each other outside of their parties.
The United States was between the two of them, where the individual states worked together for common purposes and interstate trade but otherwise were pretty much on their own. The new territories were an issue as they could alter the balance of power once they came into their own and petitioned for statehood, but the point is that the states were not as linked as they were today. This created the problem that individual states could, in theory, split off whenever they wanted to without issue; they had united for a common cause but if they no longer had that same cause then they should be able to split off.
That's where things get interesting. Treason is usually defined as acts that act against the interest of the state as a whole, usually acts of extreme disloyalty to the state. Acts against the government as well as espionage that give out state secrets are obviously treason, as well as acts that encourage sedition. A state, like any other organization, requires that its members be loyal to the state; it only operates when everyone is one the same page. While protests and such are acceptable as long as they merely allow expression of that protest; actually obstructing that state from operating is something that needs to be avoided.
When the various states that made up the Confederate States of America split off, there was no question that their actions constituted lack of loyalty to the state in question. However, there is the question of whether or not the act of seceding itself constitutes treason. When someone leaves a country due to a dislike of the country's policies, it's not treason; no one blames the person for staying in what they see as an untenable situation. When companies decide to part ways, no one blames either company; it's considered good business sense to separate from a business partner that has decided to go another direction.
Secession is pretty much the same thing, but on a bigger level. It's the political version of a split-up: One or more state decides that the partnership is no longer working and so decides to split from the larger union. The North no longer needed the South's drama, and told the South to grow up; the South felt it was being picked on and decided to pack up and leave. The South decided it had had enough and decided to go on to what it thought were greener pastures.
As such, it's debatable on whether or not secession can be legitimately called treason. Although there is no doubt that there was some disloyalty shown, there is the issue that it was because the various states decided that they could no longer do business with the other states as part of the same union and that it made sense to separate. If anything, it's probably the best thing that could have happened, as the writing was on the wall: Slavery had overstayed its welcome and was on the way out, and there was no way to predict what would have happened to the South or what it would have done when slavery was finally abolished.
In essence, there's just not enough legal ground to say that secession should be considered treason or not, especially as none of the states had really decided that the membership in the United States had to be a permanent thing. Although the Civil War decided that particular matter, until that war and the ensuing legal storm the Southern states should have been able to split off with no problem. They no longer wished to work under the same framework as the rest of the states, so it was probably a good thing, politically, that they decided to do so. On pretty much every other level, however, they should probably have just dropped the whole slavery thing.....