The weekly standard. (Port Gibson, Miss.) 1865-1867, 1865-11-25

an ingredient IN the original compost
tionof the general government, which
though not expressed, was mutualll
understood" That such understand
ing existed with the trainers Of th,
Constitution, is proved by the fact tina
IN the early debates of Congress under
the existing constitution the threat O
Iseceeding was made more than once
and the right to doso was not ques
toned. In the Constitution there L
no principle that permits the coercion
of q State When suggested, it was
deliberately excluded; and If there be
nothing that can lawfully coerce d
State to remain, what canlawfully pre- pre-
vent vent its going 81 s.. ,a,s :. s..
Andaif, as De Tocqueville held, the
right Of secession can not be disproved;
il follows that when the event occurs,
the State becomes q foreign power as
regards the rest, and if war ensue, the
acts of its citizens are acts Of war, and
notaof treason The difference produ-
ced by the step is very material. If a
citizen Of Maryland were nov to take
up arms against the Federal Govern
ment, he would commit an acuof trea-
son. But if that State shouldlfrst se4
cede, and call out It's forces to resist in
yasion, he must then respond to the
call, IN obedience to the laws of the
land. Can he commit treason by act
ing in obedience to law2 According to
the Washington theory, the position of
the Southern man would be II Had. lscfi9 in
deed; for if he obeyed the Federal call,
and should be found in arms against
his State, he would be guilty of treason
against the law of that State; and il
obeyed the State eall he is now charg-
ed with treason against the Federal
Government. Such a position can not
be tenable. The law of the State
plainly absolves the citizen who has no
choice but to obey yait.auoAgainst the
State itself redress may be desired and
demanded; but 1t can not be found
rightfully in that Constitution from
which the coercion, of q State was ex-
cluded. A traitor, too, takes up arms
against the government. that is over
him, and. attempts to overthrow it,
We can not find that any one attempt
I'd tc overthrow the Washington Gov
ernment; on the contrary, strong eff
forts were made. by the South to enter
INTO amieable relations with it, But
arguments Of this kind are not likely
to obtain much attention at period of
50 much excitement. One that can not
be overlooked is the fact that state
Of war was recognized by the Federal
Government. 1t was SO adjudged not
only by prize courts, but by the Su1
preme Court, whose decision can not
be set aside. 1t was recognized in the
exchange of prisoners, and various
conventions enterd into during the war
It was admitted in the most striking
manner by President Lincoln and his
Secretary of State, who went in person
to treat with the comnlissio hers Of Jef
ferson Davis. It has been said that u
this was done under the pressure OF
events, leaving original rights in abey-
ance, VIII ch may now be revived BY
this kind of arr ument, ain ost any
breach of faith could be defended
Whatever the motives, there is the fact.
It is impossible to say that President
lincoln went to negotiate with embas-
sadors appointed by a traitor. Who
ever treats with the ambassadors treats
with the Government, and with the
head of the Government; and after
this. Mr.. johnson has no more right to
charge the head of that Govern nent
with treason than we had to charge il
upon the Emperor of Russia at the
close Of the Crimean war. We can not
take opposite principles, change them
about, reverse them, leave them, return
to them, to suit the convenience of the
day. No government can play fast
and loose in matters Of Life and death.
There are other considerations. For
four years Jefferson Davis was the ap-
pointed ruler Of eleven great States
States, several Of which had been &C
knowledged as free, sovereign and in
dependent powers by the Governments
of Europe. His dominion was nomere
insurgent district, but a region ample
enough for many kingdoms. He sent
into the field great armies, made illus
trious by brilliant victories, and leads
ers of enduring renown. Supported
by a unanimous people, he ruled in
strict conforming with the laws of the
land and its constitution. When We