The Cadiz sentinel. [volume] (Cadiz, Ohio) 1864-1911, 1866-06-13

msjsSssit il hardy x~appOsable that aay
considerable share or them viii ever he
found anayed against il That revolutions
occur is to b. aseribed mainly, and we'll
nigh universally, TO the injustice Of govern
ment. Especially ready should be Repub
hcaus who BY force Of their institutions and
education. honor numbers instead OF wor-
Shipping the few, TO blame Government
rather han the people. Especially ready
should they be 10 view with ehantya how
ever great wrong, where il is q whole
people who are driven into it..
G. Civil wars, unless they shall be allow
ed to be conducted in their final - well as
in all their stages by the law Of war, will
ere long, become black flag" and no
quarter" wars. Aud in this place let me
say that we should have lost orr country
thsd not our Government consented to lie
he war be conducted according IN the law
of war. The North would rather have Civ
en- up the ) nth than. have trle tn hii
her BY a war carried on upon the low plane
of a merciless barharism.
d. There is suffering enough in a civil
war. and especially to the defeated party,
without adding to it after the lighting has
ceased. And surely, the spirit of the man
who, to increase the suffering of the South,
would break the agreement with her to car
~ on the war under the law OF war is not to
be enyled. .
| need give no more reasons in support of
the authorities | cited. But 1t will be said
that that the Constitution plainly defines
what is treason, and that your court must
follow the Constitution. | admit the plain
ness ofthe definition. But certainly, J. must
not admit that every one, who does what in
another would be treason. is himself guilty
IF it. A French or English army invadeS
us. The Constitutional definition describes
the acts Of treason of this army. We cap
ture it. Nevertheless we do not try 1t for
treason. Why not? Simply because it is
of another nation. But the South came up
into a de fucto nation-for the time being
into another nation-and, thereby, we sho d
not try her for treason.
| have admitted the plainness of the Con-
s~;itu,ion at one point. Its lack Of p%lainne's
at another and most vital point is OF itself a
sufficient reason why the South should not
be held for treason. 1t was not slavery
alone, but slavery combined with the doc
trine Of State sovereignty, that brought on
the war. Since no small share of the states
men of the North and a large majority oil
the statesmen OF the South, including even
Jefferson and Madison, have beloved that
they saw this doctrine in the Constitution,
il IS idle to say that adequate pains were ia
ken to shut it and all semblance of it out oil
the Constitution. Perhaps the Streams o.
blood shed in this horrid war have not wash
ed away entirely and forever, this PERM
cious doctrine. Then let it be provided for
if not in a constitutional amendment. a
least in the terms of reconstruction, tina
it shall no more return to curse US. And
, at any rate, let none be punished 'or acting
upon this doctrine until it shall have beel
| made ~indisputably certain to every reasona
bic mind that the doctrine is not part Of tn
I law Of the land.
need say no more to show that it was
civil war in which the South became involv
ed, and such a civil war as brought her EN-
q photically under the law of war; ! need "a
no more to show that sheycan never com
within the jurisdiction of your court unit
the peace making power shall have restore
f the former sway of the Constitution. Blu
for the sudden collapse aud humiliation q
the Confederacy. the President and Senat
n would have been on our part this peace
making power. Now, the law-making 7ow
er OF the Constitution is the whole of TIL
= peace making power.
How great would be the sorrow Of oil tn
~ oppressed nations of Christendom at learr
- ing that the Chief Justice of the Unite
"a States he Ids that in a civil war, and even
a fully developed. one, there remains tn
!; crime of treason and work for the execution
: err! They would feel fresh alarm, viii
~ every despot would feel himself more firm
q seated than ever. Surely, America, wit
y. y all her boaste love of freedom aud huma
~, ~ rights, and with all her Difference tor nun
~ bers, should not be guilty Of subjecting tt
70 vanquished -partycn a civil war to the LAY
~ OF treason. There will probably be man
"a more civil wars. ( The great majority Of the
IL will or ginate in the interests of freedom.
Nv Some Of thsmt3perhaps many of them.
- will result adversely to her. When they d
y shall the conqucring tvrants be able to ple'
the example Of America-of Republic;
- America-of treedoin-loving America-t
~ hanging the vanauished Wa,hingtons al
~ Franklins? God forbid! Bit it will
y claimed that the Washingtons, and Fran
-, Inns, having a Just cause, should not be hun
NV and that the Davises and Lees should
W because there cause is unjust. Unayailll
: distinction! For the %conquerer would ha
but to hold. (ani for his own bare wo
j. would be his sufficient authority, that
aas own cause is Just and the enemy unjust
aa and then his way would be clear 70 go straig
40 to hanging the Washingtons and Franklin
hu On the other hand. there IS not in i
y Christendoin one enlightened friend of h
H. man rights, who would not rejoice in the
~ fuence on the cause Of human rights ofyo
=. refusing to recognize the crime of treason
~ a popular rising, after it has reached
" stage Of civil war. For there is not q
~ such, who wouk fail to see in the refusal
=" proper respect and Difference to nuRibe
:, oil who would fail to see in it the making
~ revolution more easy; and what is far b
~. ter, the making OF governments more stu
~ GUS Of justiceiin order to prevent r~evelutl'
i. By the way. there are some who deny
~ right of revolution in repuDlic-especla
'0 in a republic where suffrage is as extent
:. Oh in our own; AMI hence do the deny tn
III the revolutionists in a republic are EMIT
+ to the huuhanities of the law Of war. u
II there may be AS uncomfortable oppression
q republic There have been in our own
,os under monarchy or oligarchy. 1t Is
rss where the oppression is, but how grea' it
which affects the question OF the right
~. revolution.
he Humanity is, on the whole, constan
he making progress In almost every age
IN takes some marked and vile step upw'
act and onward. Such u one will it take in
ust age, if Christeudom shall declare her:
no against the recognition of treason in a ci
,ad war. Will she thus declare HERSELF
srn mighty impulse toward it would she t
be from you inviting her to declare it. -
who n0wpt nv old. and honorable, q