Judge issues order keeping Confederate memorial at Arlington Cemetery for now

[Model35mech]

13. Yes, can people be criminals if they were never tried? If you aren't a US citizen can you be tried

for treason against the US? The case that CSA soldiers are criminals depends on the answers to these things.

U.S. Grant awarded immunity to Robert E Lee and his army, at the time of their surrender. Consequently, Robert E Lee although indicted for treason was never convicted as a trial didn't conclude the issue.

Jefferson Davis, president of the Confederate States was also not tried because Supreme Court Chief Justice Chase, acting in the role of circuit judge in his Davis' case ruled that Davis was not a citizen of the US when he committed his accused treason to the US. And so, because he wasn't a US citizen at that time he could not be tried for treason against the US.

The immunity to prosecution that was given by Grant was generally extended to the vast majority of soldiers in the CSA.

So is this just some bumbling technicality, or does it represent a more general sentiment that even to this day soldiers in service to their country are not criminals for engaging in ware unless they are charged and convicted of specific crimes?