The Tiffin weekly tribune. (Tiffin, Ohio) 1859-1868, 1866-03-08

rate States is government at
lcSst dc facto, and entitled 10 the |,
rights and privileges that belong |
to q sovereign and Independent
nation" "This |
defense involves considerations /
that do not belong to tho courts,
questions which belong to the leg. !
islativc and executive departments;
and when decided by them the
courts follow the decision and un.
til these departments have recog
nized the existence of the now gov
,ernment, the courts are obliged to
regard the ancient state of things
as remaining unchanged. " Var
burtoa's Trial, 372.
In the prize cases, Mr.. Justice
Grier, says: ...r. ....
"When the party in rebellion
occupy and hold, in a hostile
manner, certain portion Of ter.
ritory," "thc
sovereign party treats them as in.
surgents, and rebels who owe allie
glance, and should be punished
with death for treason ~ Black,
} !G67, United States Supreme
!, Court.
And again the court say:
"Now it is a proposition never
doubted that the belligcrent par
~ who claims to be sovereign may
exercise both bclligerent and SOW
ereign rights" - Ora 1ch, 272 ;
! Congressional Globe, Thirty.Sov-
, enth Congress, second session, part
3, p. 2ls9, May 10, 1862; Rose vs..
Ilumily, 3 UraGch, 212, Marshall,
G. j.. and Livingston, j., 2Ss ;
Chcviott vs.. Foussot, 3 Binncy,
r., 259 ; Upton's Maritime War
t fare and Prize, 212; Grotius, de
Jura Belli ac Pacis, lib. 1, cap. 8,
sec. Rex vs. Gordon, East,
5 p. g. 70; Respublica VS.. McCar-
ty, 9 Dali. Sc; Russ. on CIR. 654 !;
, 1 Iume's CIR. L., so; 1 Allison Or.
L., 627-G73.
In England "thc statute Of II
/ Henry VII, A. ID. 1494, cap. 1. in
effect declared that king do fdcto
i in exclusive possession protects
4; the subject from future question"
+. e English Statutes at Large, 50
/ tIale, l.. c., 10i; 4 Stephens
r Blackstone, 221 Rowland, Man
f English Const., 1862 Lawrence's 8
Wheaton, 525, note.)
But the belligcrent and de .faefo
rights of Cromwclls Government
did not protect his officers from
punishment for treas IN against the
A regal Government.
{ Charles | was executed on the
30th Of January, 1913, for treason
under a judicial sentence and war
rant from Cromwell's Judges
When Cromwel's Government, il
y the person of his successor, wal
J. overthrown and Oh 'rles IL. sue
/ cceded to the throne, Thomas Har
(. rison and others Of the judges VIII
4 had signed the death.warrant G
Charles l., were indicted, tried, AM
executed by the sentence Of a civi
IS tribunal. Harrison interposed Al
(. q defence the authority of Crom
wells Psriiment, OF a de Jdcft
Government, of belligerent rights
On the 11th of October, 1860
on trial he said -.,.
p al say what was done was don
a by the authority Of the Parliament
,. which was then the supreme au
a thority, and that those that hav'
/, acted under them are not to b.
d questioned by any power less thai
them" /"
. "What, therefore, an,
did in obedience to that power anc
a authority they are not to bo ques
toned for it.; otherwise we are il
:, a most miserable condition, bounC
:. to obey them that arc in authority
|, and yet to be punished if obeyed.
At The Lord Chief Baron, overrul
ing the defense, said: a.. I.I
= " For the House of Commons t
- do such nm act, it was void in it
4 self; nay, any authority withou
= House of Lords and King is void
. "King, Lords, ant
Il Commons is the ground of the
English law; without that no ac'
n Of Parliament binds, "-Tfiat q
q the Regicides, bo-55;; 5 Hume !
d History England. ha.' 'a, s'a'
l.. This subject did not escape thu
, wise scrutiny OF the trainers Of oul
,'lown Constitution. Anxious al
u they were to define and limit trea
's son, they were unwilling that tn,
I" plea of +" belligerent rights y or O
,f 9 a de facto Government y shoult
): remove its penalties. Ny colleague
|. Mr.. Spalding,] distinguished as ,
= statesman and jurist, has remindet
. as that IN the Convention whiel
B. fro mad tla Cnnat;tat;oy a F,>.o,,;s,