, 1865-12-22

in the Constitution. Hence, q civil court can
hear no argument on The question whether
State has right TO secede, whether If It does
sccedc JET. Davis first allegiance was due to
his State. whether BY secession the States be-
came a foreign and Independent power, ETC.,
ctc. For II the affirmative Of these PROPOSE.
tions were true, theu the Union was dissolved,
and legally il still dissolved, md there is no
lawful Federal Government or Supreme Court
in existence. No court will hear an argu-
mcnt upon the validity OF the authority Of Its
own Government, or on the question whether
itself Is a court OF not As secession over
throws .ll these, no court will hear apy nlea
in Its favor. Hence there Ia no question of
law In the case for court Of Law to decide.
VIC now 70 one step farther md say there Is
no question Of fact lor jury to decide, Isit
a question Of fact whether war has been levied
against the United ststes, or whether Jedl.
Davis was the identical man by whom 1t was
leyieds OF course not. The facts are so jn-
contestably historical tha. all the courts of
America and England have taken judicial
notice of them without proof. What then is
The question for trial. It Is not one of Inv
for court nor of fact for q fury. but one of
military necessity, viz : Is Il inst and exnc-
i,,e,,t that t1,c ,nilltarr norrer vhiy hes ,or.
oucrcd Jeff. Davis rebellion. shon1d h,ro IL
ieaders
Jer. Davis was never arrested by anr c,r;,
,rocess ,,rt In riner hee,, dceeatcd oftarn f,n-
raarss ror 1,v o,,r a-n,es 1,e ,ros c,,tu,ca l,r
m, soldiers in full flirht. The ,D,litarv arm
of the Government defcated him centureI
him. holds him and 1,as tl,e r3rht II trv and
rvecnte lin.
+y4c r,st NJ JcT. Darta, cr;,,c c,oe,z+s =,
acf;ur os Commandcr.;n in -ch,ef of thn min.
tarv fnrcr, of a rebellion which a, o7c fine
cnntrotled million of men.
T,,,e "a r-onnr,, s,,eol-f,c .,,. o.sr,.
,,c7l,on fn who, treason i. hr, an ;ro-aa;cnt
oa 1orccnv Ia nm element IN ro,,,,c-v ~ frona
IL tor1crr ~ assault In mnrarr Rnt IN al
.,,o-a o.eas tho 1osc Is ,on,,o-at,,.1.. .r..,..,
ena | sas. T IN H. h. or0s4cr e. +-sssoc 4,.ass,.
MI M ,n11e5icnt - IL 1e,,e1,,on - ,ners,sd ~ - -
creator cr,1ne. 'N'~
T-r. 1ha ro,a,,t,,t;,, dos.ae +-.a =.
,,,,e;rt II ,n-.-,,,, ,r,. a.e.tast ~. ~.
statn.. h,,t not ,,h,os.o1o,,, u.s. a..:,.ea
to ,,rnrent the rnn,sl,,ne,t or co,s,~nst;~a
.reaso, so ca1led vh,ct co,s,stad ~ s.,,..
| or thinking something diSloyal without any
| over tact. 1t was not designed to break down
the Inherent distinction inseparable from the
| two words. Thus Worcester defines treason
as "brcach Of allegiance" but rebellion as
IN instruction or reyolt.''
Treasou is the offence Of an individual; re
bellion Is the crime Of whole community
| Every traitor should he punished. hut nc
nation has ever adopted the praciicc o.
punisling all rebels, rs their pumbe,
| Is 80 great TINT such an act would be- wanton
massacre. Treason is the act Of him who IL
season Of domestic peace, incitcs, plots
prepares, aud gets up, an insurrection. Re.
| beluon is the crime Of him who leads, con.
ducts or commands the rebel forces, making
them dangerous by his abilities, and powerful
and therefore bloody, by Lis energy and tai.
ents. None can doubt OF which OF these
crimes public opinion selects Jefferson Davis
rs specially guilty. II is rebellion. True, he
was as guilty, and perhaps more influential,
than any other Of the traitors who brought
about The rebellion. let there was nothing
about his superior abilities to distinguish him
from Hunter, Wise, Toombs, Yancev, Cobb.
Floyd, and other traitors, Indeed, Governor
Piekcns, Of South Carolina, whom the Prcsi-
dent has pa1t1oned, and the membess Of the
South Carolina Convention, were the traitors
who, with Benurega1d and his forces, COM
mltled the treason which ultimately prccipi-
tatcd the South into rebellion OF which
JET. Davis was the chosen commander, not
the originator.
II there be this distinction between treason
and rebellion, and If both are crimes, which
none will dispute, how should they be tried
Treason, being merely m effort to bring about
rebellion, Is committed IN community in
which The authority Of tie lawful government
is still yegnant, In which It's courts still sit
aud It's judgments cap still be enforced. Such
is the case In Ireland to-day and was in '49 !:
md hence in those cases. the treason neyer
havin. subrcrted the rovernment de faeto.
nor eliminated In a re,ula, civil war. the trisi
of The crime before iurv vns lera1' noss;b1s
and nroner. A tury of tic yiclnarc could he
found r., trv # without emnane,}tnr relp1s.
Rut in our case MI these circumstances arc
clanncd. The crime Is rebellion. Our Con.
st;tufton and criminal laws do mt admit nj
an indictment and trIal before n ;urv for TINT
of,,nrc. nisan act whose very crim1naIIty
dencnas mt IN Inv hut m ,n1I,t.rr fnrrc f,r
II It succeeds ITS leaders are the lawful officees
Of a new ,,oyc4nment. II fs on1v when II
fo,ya that tHev nrc rehc,s md hencc cr;m;.
no1s. r IN ohv;ous that snc1, a crime IL like
fiat of a spy ar p1,crilla. nure1r a 1n3lItarr
crimc. deriving liz tcrnitutc fron liz want Of
the rnf1itnrv mems essential tn succrss and
cocn,z,hle' therefore on1v br - military
cont
31o,covcr- That vcYr snccess md w;d,