Brownlow's Knoxville Whig, and rebel ventilator. [volume] (Knoxville, Tenn.) 1863-1866, 1865-11-22

Now, the prosecution Of war; according to the
rules of war; against body of insurgents, from
reasons Of humanity and the trial of insurgents be-
fore sudieia tribunal for violation of civil law,
committed during the tendency Of hOstilities, are
widely different things. They are not in the least
inconsistent, nor incompatible with each other. If
forces to fight, the fact that accepts the fight
does not exempt his assailant from legal prosecu-
ton 1t never was heard Of before that rebels were
exempt from judicial punishment because they sue
ceeded in gathering followers enough to wage what
is termed civil war. History gives no such pre-
cedent and it is worthy of note that one of the au-
thorites adduced by Judge Trigg states thatinsu
gents engaged in what the world calls a ,oar, are
held as rebels by the Government against which
they war; and are liable to be punished with death.
Justice Grier, who is quoted by Judge Trigg, says
When the party in rebellion occupy and hold in a
hostile manner certain portion Of territory have
declared their independence; have cast of their al
| legiance; have organized armies; have commenced
hostites against their former sovereign the world
Acknowledges them belligerents, and the contest
tcar. They claim to be in arms to establish their
liberty and independence in order to become a SOW
eregn State, while the sovereign party treats them
as insurgents and rebels who owe allegiance, and
who should be punished with death for their trea-
SON.
1t is also worthy Of note, that Judge Trigg does
not claim that the Confederacy was ever de faeto
government He says;
Upon the question as to whether the so-caled Con-
federate States was government de facto deem it
unnecessary now to express an opinion But 1t Is
certain that the Government of the United States
never so acknowledged it. nor did any other power
| OF which l am aware. Such acknowledgment l
presume, would be essential to make it a dc tdeto
government within the meaning of the law of ma
tions. ...|
This is very important admission, and we feel
duly thankful for it. It will be condemned, how
ever, by nearly every one who desired him to grant
the writ of habeGs corpus. The large majority OF
those who deny that the late bloody strife re-
bellion hold with equal confidence that the Confed
| eracy was de faeto government or rather, they
affirm it was not a rebellion because it was gov
eminent in fact. But there is another remarkable
fact stated by Judge Trigg which to be in d.
rect conflict with his opinion that the rebel leaders
were guilty Of no legal offence in hanging Union
| citizens by court martial. It is this:
The petitioner states " that he was lately an Off
Ger in the so-caed Confederate States and as such
| surrendered and was regularly paroled, under the
agreements made and entered into, by the authori-
ties of the United States, and the commanders OF
the armies of said Confederacy-that he thereafter
took and subscribed to the amnesty proclamation OF
the President of the United States, of May 3D. 1865
that he has fully and faithfully kept said parole
and OATH and is entitled to all the immunities and
protection offered and extended by them-that, in
direct and pal able violation of said parole and
pardon, he has been arrested and confined in Jail in
KT1nV too fbof1
a State COurt) fully condoned and pardoncd by the
national Government
An amnesty is a pardon for an offense; an act OF
oblivion the word signifies. Now, if the rebel lead
possessed full belgeront rights they were guilty
of no crime, and therefore needed no amnesty and
no pardon. Whoever heard that q public enemy,
shielded and protected by the laws of war, needed
an amnesty and pardon for his conqueror?
/ There surely has been a rebellion--a causeess
wanton bloody rebellion and its authors are guilty
of a terrible crime. So President Lincoln said, so
President johnson has said, and so the nation has
said again and again, and the statement will be
/ Numbered still louder over the land. President
johnson is resolved that this question shall be deter
mined by the highest Court in the land in the case
Of Jefferson Davis, the late head of the so-called
Confederacy. The majesty of the Republic will
surely be asserted on that occasion. And the SYM
pathizers with the rebellion already tremblc with
apprehension as to the result, and are pouring in
their ervent petitions to the President imploring
him to release Jefferson Davis without bringing him
to trial. and to certain conviction They care little
for Davis but they would fain avoid the decision OF
the Supreme Court of the United States that trea-
son has been committed and that Davis is traito t