Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1865-06-13
xR. SMITHS SPEECH.


va. Smiths SPEECH.
The South, 10 piunging the nation into this
horrid var. committed the great crime Of the
age. The North. under the persistent clamor OF
the press and pulpit 20 punish the South for
treason, is in danger Of committing the mean
crime Of the age. Applause Lips and pen no
more Influential than mine can do but little 10
avert this thing; bat what little they do shall
be done; for IL this mean crime shall be com
mitted. shall want the consolation Of knowing
that at least have no responsibility for IT, Ap-
plause All over the North there Is clsmor
FOR the blood Of the leading rebels whom We have
Captured and those whom We hope yet 20 capture
I have no sympathy with this clsmor The
South fully ssuenderng, let bloodshed cease.
and all punishment Applause.l OF course.
have no reference TO the assassination OF our be-
loved President, nor to the starving and murder
ing of prisoners Let all merted punishment
fall upon those who are guilty of these infamous
and internal crimes. Applause Ny position
is simply that the South shall not be punished
for the rebellion: OF, 10 use another word. the
South shall not be punished for treason. Now
do not say this because che has suffered in my
judgment enough already; because her property
Is wasted. and she j. reduced 20 restitution. i
do not sag this because the safety Of the North
an interest OF the North 10 DO made any more
secure by any more. suffering of the South. do
not say IL because the South has not been guilty
OF treason. She has been guilty OF treason But
i say that she l. not to DO punished for treason,
because we have agreed that she shall not be
rApplause We came into the agreement very
reluctantly, / admit, to conduct this war accord
ing TO the rules Of war, by which mean the
rules Of international warfare.
VIZ HAVE PLEDGED OURSELVES TO TREAT THE
SOUTH BELLIcERESrs
New, hold that our coming into that agree
ment was a waver and entire surrender OF our
right to punish the Sonth for seeding APP
plause That We came into this agreement to
conduct the war according TO the rules of war is
manifest, Is indisputsble; that We followed other
nations aud accorded the South belligerent
rights The Supreme Court OF our nation unan-
imousy Acknowledged these rights OF the South
We have acted upon this agreement. and instead
ofpunishing the prisoners, trying. condemning
and cohvcting them for treason. We have treated
them prisoners tor those the enemy have taken
from us, and tbsre have been truces between the
enemy and ourselves tor burial of the dead and
other purposes There have been formal as
well ~ informal negotiations for peace between
the North and the South
HAVE RECOGNIZED THEIR NATIONALITY DE FAcTo
Jaeto nationality and all its outgrowing rights by
choosing tor our commissioners OF peace the
President himself. and the Secretary of Stsie
himself; and these gentlemen did not wait TO
have the Southern commissioners come to them
humbly and suingly. but they honored the com
missoners OF the South by going more than half
way to meet them. Applause Now. all this
and much more than this. including especial y
our blockadiDg OF the Southern ports, goes 10
ahou haxo d.Il vxftl,
the enemy 10 conduct this war according TO the
laws OF war. But such an agreement is virtually
an agreement TO treat prisoners enemies
Now, how came we TO consent TO conduct this
war according TO the laws OF war; In the first
place. we came to do so. because the laws of war
required il. Let me read some authorities upon
this point VatteI says:
WHAT vATTEL SAYS.
" But when a nation becomes divided into two
parts. absolutely independent, and no longer &C
knowIcdging a common superior. the State is DIS
solved and the war between the two parties,
standing on the same ground in every respect as
though IL was a war between two different ma
tons. They decide their qaarrels by arms as tive
different nations do. The legation to observe
the common laws OF war towards each other ID
therefore absolutely ndispensably binding OF
both OF them, and the same which the law
naturally imposes in the transactions between
State and State" Nov. this is precisely
is it notr Vattal adlpts his words TO our case
as precisely as il he had had it. and il only. in
his eye. For. bear in mind. the Southern half OF
this nation broke of from the Northern half and
became a nation de faeto. just precisely az our
part was nation de facfo Each sckuo wledg ed
DO authority outside of itself, each had all the
machinery of national government: then had
We not just the same rights in conducting this
war that ne would have in conducting q var
NJ. -. A n..s
some will say that Vattel is more than = century
old Yes, aud all the more shame TO US if we in
this age OF greater light cannot rise up With time
and with liberty TO the teachings accepted in that
day of comparative darkness. Applause Now
hold that we ought to prepare for something
altogether more liberal and more humane than
those metioned by Nsttel We ought 10 bt
prepared TO take the high ground that Hallsm
takes-Hallam. the greatest publicst OF our age
Hslam takes the ground that the strife OF war
In the middle of the seventeenth century in Eng
land, which ended IL the execution of Charts the
First, should have been conducted from begin
ming TO end according the law OF war. and tn al
the Kings life should have been spared
WHAT HALLAa SAYS.
His words are-and you must remember tha,
he died in 1883. only Elk years ago:
q Ii his Charley adherents dd not form. as
think they did not, majority of the people, they
we're at least more numerous beyond comparison
than those who demanded approved of his
death The steady. deliberate perseverance OF
so considerable body Ia any cause. takes away
the right of punishment from the conquerors, be-
You'd What their Own safety and reasonable m.
Identification may require The vsnquished
TO bc judged by Ehc rules of International. not
municipal law" Loud applause And then
see how emphatically Hsllsm is Endorsed by
Maeaulav. who died the same year that Halam
died. Aud reading Il we must remember how
faint q resemblance 10 an international war that
civil war OF the seventeenth century bore com
pared to our civil VAR. which was in fact a war
between two nations.
WHAT NAeAULAY sAYs.
"Mr H.llam" SAYS Nc NJ scaulay. decidedly
condemns the execution OF Charle- aud IN all
that he saws on that subject We heartily concur
We fully CONCUR With him IN thinking great
social -chi-m such che civil var. - not To be
confounded Nth an ordinary treason. aud that
the vsnquished ought To be treated according "a
the rules. not Vt municipal. but of international
Law la this the distinction is of lees importance
because both International and municipal ls~
we're in favor of Charles. he was a prisoner oil
var by the former. and king by the latter: by
neither vas be traitor. II he had been sue
eessful aud put his leading opp1nents 10 death
he would have deserved severe cen-urc. and this