Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1861-08-24
GbeObio 6tattetsnna.ml III
l1E 2 Ma
Erch nnae or PrIsoners.

f'f---'AA AsAOn any . VI EEih0mGRbs NIA
IL ID to be feared that the scrupulousness
which preveuts a full recognition by the Gov
ernment OF thelbroad, patent and incon troverti.
Die Tact thatiwe are at war, Is sacrificing solid
and important advantages to point Of govern
mental etiquette The lawyer, whose sole end
10 conviction, whose cause is decided by those
he addresses and not by himself, Is wary Of
making any admissions which would imply an
acknowledgment of bis adversafy's claim, and
be Immediately seized on and thrnedf against
him by the nimble-witted counsel, OF fhe oppo-
site party. This Is all very we'll In ite place !;
butit 10 absurd to manage great war Ia the
narrow technical spirit which governs the pros
ceediDgs of nisi prius court In this contest
the Government is its own umpire; the contest
Is to be decided neither by argume ents addressed
TO the rebel leaders nor by arguments addressed
to foreign powers, but by our own strong arm
We are not arguing case In court, but con
Quoting the most gigantic war that has ever oc,
Cured on this continent. IL ia for our interest,
as well as that Of the other party to the war,
that it should be prosecuted with due regard to
the established usages of modern warfare.
Our Government bas, thus far, refrained
from consenting TO an exchange of prisoners
with the enemy, and has thereby thrown away
the chance of redeeming from bondage our sol
diers and come distinguished civilians now re-
stfained Of their liberty at Richmond. General
Mcclellan released on parole prisoners enough
in w eatern Virginia TO have exchanged back
all those taken by the rebels at Manassas
True, the conditions Of exchange must have
been arranged between the two Governments,
which would have implied q recognition--of
whatl Not of the JEFF Davis cabal as q gov
erDnent de jure, not of any part OF its claim to
exercise jurisdiction over the territory of the
seceded States, but simply Of the fact that that
cabal, calling itself Government, has o large
army In the field making war upon us. The
limited intercourse between hostile armies (un-
der the protection of f,gs OF truce or other
wise), which modern usage has sanctioned, is
merely in the interest of our common humani-
ty, and implies no recognition, by either party,
OF the rightiulness of the cause in which the
other is fighting The recovery of the dead
the rites OF sepulture, the care Of the wounded
and the welfare OF prisoners, deserve the atten
tion OF every Government at war. The rights
OF humanity are precisely the same in civil as
in foreign war, and the usages of civilized
warfare appertain alike to both. But these
usages imply more or lees of intercommunica
tion between the beIligerents, which should no
be refused on mere punctilo OF the saorifc,
OF important advantages. .-..
Our Government has, OF course, no intention
to try and execute for treason the prisoners tax
en- in this war. Treason, to be sure, Is Grim
which they have all committed; it would require
no strainiDg of the statute TO ibfict the penalt
of death on every rebel that falls into our hands
IL is true, too, that by recognizing them q
prisoners of war, we bring into question ou
subsequent right to hang them as traitors. =
But as the Government never had thought o
hanging them, what difference does it mske7-
We childishly release them on atrumpery oath
which they will regard as piece of ridicuieu
munmery, and ore pretty certain to violate
rather than retain them as prisoners of war ant
bod them subject TO exchange. That Is to ss
Il Qor this is what 1t really amounts so), rathe
than cast any doubt on our abstract right b
hang them as traitors. we set them all at liber
Il ty without any equivalent. We virtually punisl
our own captive soldiers with protracted impris
ontnent and separation from their friends, be
cause we have scruples about treating 9th
erwise than as traitors, the captive rebels WHOM
we actually restore to the sweets OF unpur chas
ed liberty. We can discern little practical wis
dom In those scruples toh,ch relrIrd our enemit
and punish our friends We let traitors 20 sec
free when they are'ia our hands lest we shoul
Compromise our claim to hang them by making
their enlargement the price of restoring loya
men to liberty. II we mean to hang them
why not do it while they are in our power2
] we do not mean to hang them, why forego th
advantage of an exchange of prisouers7
II Our refusal to accord TO the rebels the usua
helligereut rights must be intended (if it ha
any intelliRibie purpose) to influence either th
future action Of our own government towar,
them, or the action of foreign governments to
ward them, or, lastly, the course of the rebel
i themselves The only impediment It can thro'
in the way of'our own government is, that !
I 1ptevents its trying as traitors prisoners whor
it has, no intention Of treating with extrem
rigor. Foreign governments will not look q
this controversey through our eyes, but will al
on their own views Of policy. II is not b
standing on punctilios, but by successful igh
! ing, that we have any chance Of infuencin
them. The same remark applies to the rebel
VINO must be crushed II at all, by someshir
, more formidable than a punctilio, which Civ,
them back their captured soldiers while the
keep ours.-N. Y. World. aa'laf .nii .A