The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1865-06-28
f O R G l V E N e s S
A Speech by Gerritt Smith
Disposal of Reber Leaders,
Large Assemblage in the Cooper
Institute, New York.

From the New York Times of the 9th
The announcement that Gerritt Smith
would lecture on the following subject
I"That the Government has neither the
legal or moral right to try the rebels, and
that the way to a sure and enduring peace
lies not through porfdy and yengence
but through justice and law attracted a
large audience to Cooper Institute last
evening. All of the seats were occupied
, by an intelligent and orderly assem-
blage.
Mr.. Smith was loudly applauded on
coming forward. He said that in pun
ishing. the rebels, the Government would
commit the meanest crime of the age
In opposing the punishment of rebels,
however, he had no reference to those
concerned in the assassination of the
President Let them suffer for their in
famous and heinous crime. He meant
that the Southern people should not be
punished for the crime of rebellion, Not,
however, because they have not suffered
enough; not because the safety of the
North requires that they should not be
punished. He did not say that the South
has not been guilty of treason for she has
been guilty of it, He would not punish
her, because we had agreed not to punish
her We had agreed to conduct the war
according to the laws of war, therefore
we should not punish them as traitors
We had followed the lead of the nations,
and treated them as belligerents. In
stead Of Furnishing them as traitors DUR
! ing the progress of the war; we had trea-
tea them as prisoners. From time to
time we had exchanged prisoners, and
there had been flags of truce for the buri-
| al of the dead and other purposes. There
had also been formal and informal me-
gotiation for therestoration ofpeace. At
one time we had acknowledged the South
as a de facto government, having selected
our President and Secretary of State as
commissioners. Applause. We had
even honored the South by going more
than half way to meet them. Renewed
applause. Our blockading Southern ports
shows that we agreed with the enemy to
conduct the war according to the rules of
war. We also virtually agreed to treat
prisoners as prisoners of war. The lee
turer then read passages from Vattel,
Hallam, and other authorities, to support
his position. Mr.. Smith said that the
South broke from the nation, and became
| de facto government as much as ours
Neither acknowledged the power of the
! other. Our government was governed by
the same laws as it would have been in a
war with Mexico. Applause, Some
say that Vattel is hundred years old
The more shame to US, if we cannot rise
superior to the writings of that day. We
ought to take the high grounds of Hallam,
who condemned the execution of Charles
l. Macaulay also denounced the execution
of that monarch. The speaker continued
and said that ours was war between two
nations. When nation breaks into two
parts, the belligerents on each side become
too numerous to be treated as rebels
With Edmund Burke, he would not know
| how to frame an indictment against Q
whole people. The rebels were too nu-
merous to treat as anything but as pris-
oners of war. Our position would not
be relieved by saying that the victor need
not punish all but punish the few anc
pardon the many. The next worst thing
to being punished for treason is being
forgiven for piracy and treason. Appla
I luse. Such thing would be blot OF
all mankind and he, the speaker, was en-
tirely unwilling that it should go down tt
all future ages that millions of his coun
trymen were forgiven for treason. Anoth
er reason why the war should be carried
on according to the laws of war was, tina
where large masses of men take a consci
entious belief in the righteousness of sucl
steps. EApplause. A third reasol
why the war should be carried on accor
5 ding to the laws of war; was that ther
D was thousands of our best citizens who re
9 fused to go into war of savage strife
$ but were willing to enter into the strug
: gle, if under the humane provisions of tn
laws of war. IF the government had re
fused to let the war be carried on accor
ding to the laws of war, we would hav
Host our government and our flag. Th
f. people of the North were too civilized s
Ieo into war under black flag, Will
1.-THE South would more willingly have en-
tered into such contest, and emerge'
from the ordeal triumphantly. Anothe
reason. why we should not punish ou
, enemies, was that there has been enoug
of suffering by the defeated party, with
fou6 addluonai punisnment. lhPPiaue
and Kisses. AZ the close of such a wal
the voice OF compassion should prevail
: God speaks to the destroying angels, a
r he spoke in behalf of the Jews: "Sta
i, your hand-it is enough. 1t is held i
some quarters that in the intermediat
stages of the civil war we might be gov
| lerned by the laws of war, and at the in
& eipient and closing stages we ought nc
to be governed by those laws. This is
\ groundless distinction The argument
exchange prisoners should act RETROSPECT
ltively as well as prospectively. 1t shoul
include all captured before and subse
quently. The speaker then referred t
Order No. 100, issued in 1868, and sal
: that it was unworthy Of an honorabl
? government to make exceptions to th
rules of war, because of provisions cor
tanned in the proclamation Of amnesty,-