The Portland daily press., 1865-05-15
Daniel come to Judgment.

A Daniel come to Judgment.
The Portland Advertiser Of May 9th inst
promuIeates certain views of criminal law,
which for absurdity and unsoundness we have
never seen equalled. We quote passage:
"Iu the esteem and honest conviction of (cer-
tain) outside oracles of the popular thought
all the South, who have upheld the Confederacy,
and the leaders most especially beyond cavll
are guilty Of legal treason, and can be indicted,
arraigned, If captured, and convicted and igno-
miniously hung for treason But grosser
error never entered into the Judgment Of intel
ligent men, 1t is in fact passion not Judgment
mot insight into the principles OF war and inter-
national law, &c''
1t seems strange enough that there should
be thought to be any singulsrity in the opin-
ion here SO fippantly pronounced erroneous;
for we apprehend that 1t is matter Of history,
that it Is the opinion of both the late and Of
the present President of the United States, OF
the Cabinet, of every branch Of the national
government, including the Supreme Court,
and Of the loyal people of the nation. A man
who sees at to fly in the face Of all the au-
thority of his time in giving publicity to an
eccentric faith, ought to do SO with modesty.
It is not becoming in him to sacagger. But
here is writer, who cannot content himself
with stating monstrous and offensive prop
osition, but he must fall to abusing everybody
who will not, upon this fimsy statement, un-
supported by particle Of reason, receive it
as law and gospel. BE calls all such dissen-
tients In advance, "blundering, profuse, and
profigate," "ercited, oUer-heated, irresponsi-
bic, unig5ormed, earnest, honest followers of
mere party dtuas." A fne airing Of compli-
mentary epithets with which to concIIiate the
attention Of intelligent minds to his illogical
reasonings.
He adopts the offensive and reckless fashion
Of the most Inscriptions advocate, and AZ
fects to call In aid the authority of the very
men be assails by imputing to them q conceal
ed adhesion to the fatuity just born Of bis
own dishonest brain. Hear him:
ssThe high officers Of the government knots,
and all well read legal and Judicial minds must
kno,o that neither Jefferson Davis, nor any Con-
federate actor In Office with him is at all or under
any pretext Of law whatsoever amenable to the
civil power on the charge OF treason"
Who Is this, that imputing to the high off,
GERS OF the government an opinion directly
opposite TO what 1t Is officially declared they
hold, vaunts in this insolent style his own le-
gal and Judicial candor and comprehension
We can conceive of a man writing thus,
who had studied law more as an artifce to
aid In overreaching an associate, than as the
sublime science, whose voice is the harmony
of nature; who has investigated the nature of
crimes, In the remorse OF their commission, or
the expedients to insure impunity, rather than
in the remedial agencies to relieve society by
their prevention and punishment. We can
see how one conscious that his character and
career are not compatible with the standard
maxims of law and ethics, might attempt the
audacious task OF improvising new philoso-
ply, new code Of morals, new atmosphere
Of public feeling wherein his actions might
shine with the lustre Of universally accredited
virtue.
But why, forsooth, may not Jefferson Da-
Wis nor any Confederate actor Ia office with
him be made amenable to the civil power on
charge of treasons" Because, says the
Advertiser, the acts which would otherwise
be treason were done inside "of the protection
mitch national and natural law thro,en
around him as aBBLLIeERENTip
We viii inquire hereafter about this nation
al and natural law. But how under this abb
surd supposition, could there ever be treason
at alp For by the Constitutional definition,
treason shall "consist only In levying war
against the United States, adhering to lis en-
emies, giving them aid and comfort" ITO
levy war" according TO Blackstone, Is to raise
or begin soar. But whenever men raise or be-
gin war against the United States they be-
come belAum gerentes or belligerents,
belligerency as a fact, at once asserted by
themselves, liable to be recognized by neu-
trails, and, II the war Is carried on long enough
and with peril enough TO the United States,
sure to be recognized In certain modes for its
own sake and not for the sake Of the traitors,
By the government ITSELF
Judge Marshall held In the case Of ca parte
Swartwout, that there could be no treason by
the mere enlisting Of men, that the war must
be actually levied or begun. Up to that stage
treason Is impossible; after that stage, by the
"natural law" treason merges In belligerencg
and becomes innocence, and that too by the
the crime, the government, for It's own safety,
has been compelled to adopt modes of action
tantamount to a recognition of belliserent
rights By this convenient logic the crime of
treason becomes legal myth. Let the traitors
pluck up heart, boldly consummate their plot,
push their reasonable purposes beyond the
verge OF wholesale murder, wade deep, deep
in the blood of fellow-citiKens defending the
laws, and pretended political teachers will
rise up amid the thick lying graves Of their
victims, passionately asserting their inno-
cencei
The Advertisers method Of the treatment
Of traitors seems wonderfully like Dogberry,s
charge to the Watch, which runs thus:
"Dog If you meet thief you may suspect
him by virtue of your Office to be no true man.
and for such kind of men, the less you NEEDLE
or make with them, why the more is for your
honesty.
Watch If we know him to be thief shall
we not lay hands on him
Dog. Truly by your office you may; but /
think they that touch pitch will be defled; the
most peaceable way for you, If you do take q
thief is to let him show himself what he is, and
steal out Of your company"
We suspect that sagacious magistrate NEST
aptly disclosed the animus of the editors de-
fence OF JEFF Davis in his colloquy afterwards
with the Sexton:
"Sext. Which be the malefactorsY
Dog. Marry that am / aad nv partners"
But why may not man be A criminal and
belEigerent toop Is there any natural IN.
bat