Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-06-07
VOLUME XXXIII.

| without adding 10 II alter the hghtlng ha
ceased. And surely, surely, the spirit Of th'
man who, to increase the suffering of th,
South, would break the agreement with hei
TO carry on the war under the law Of war j,
not to be enyied.
| need give no more reasons in support o.
the authorities cited. But it will be saiC
that the Constitution plainly defines wha: i:
| treason, and that your Court must follow the
! Constitution. ! admit the piainncss Of the
definition. But certainly, must not admit
| that every one, who does what in another
would be treason, is himself guilty Of it. 4
French or English army invades us. The
| Constitutional definition describes the acts of
/ treason Of this army. We capture it. New
| ertheless we do not try it for treason. Why
| not? Simply, because it is of another ma
! ton. But the South came up into de tdctO
nation-lor the time being into another ma
tion-and, therefore, we should not try her
for treason.
have admitted the plaine5s Of the Con
stitution at one point. Its lack of plainness
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 doctrine Of
State sovereignty, that brought on the war.
Since no small share of the Statesmen of the
North and 4 large majority of the statesmen
Of the South, including even Jefferson and
Madison, have believed that they saw this
doctrine in the Constitution, it is idle to say
that adequate pains were taken to shut it
and all semblancc of it out Of the COnstitu-
ton. Perhaps the streams of blood shed in
this horrid war have not washed away, en-
tirely and forever this pernicious doctrine.
Then let it be provided for, if not in a con-
stitutional amendment, at least in the terms
of reconstruction" that it shall no more
return to curse us. And, at any rate, let
none be punished for acting upon this doc
trine until it shall have been made indis-
putably certain to every reasonable mind
that the doctrine is not part of the law of
the land.
] need say no more to show that 1t was a
civil war in which the South became in
volycd, and such civil war as brought her
emphaticaIly under the law of war; / need
say no more to show that she can never
come within the jurisdiction of your court
until the peace-making power shall have
restored the former sway of the Constitution.
But for the sudden collapse and annihila-
ton of the COnfederacy, the President and
Senate would have been On our part this
peace-making power. Now, the law-making
power of the Constitution is the whole of
this peace-making power
low great would be the sorrow of all the
oppressed nations of Christendom, at learn
ing that the Chief Sustice of the United
States holds that in a civi! war, and even in
a fully developed one, there remains the
crime of treason and work for the execu-
toner! They would fell fresh ALARM whilst
every despot would feel himself more firmly
seated than ever Surely, America, with all
her boasted love of freedom and human
rights, and with all her Difference for num-
bers, should not be guilty of subjecting the
vanquished party in civil war to the law
of treason. There will probably be many
more civil wars. The great majority of
them will originate in the interests of free
dom. Some of them-perhaps many of
them-will result adversely TO her. When
they do, shall the conquering tyran!s be able
to plead the example of America-of Re
publican America-Of freedom-lOying Amer
ica-ior hanging the vanquished Washing
tons and Franklins? God forbid But it
will be claimed that the Washingtons and
Franklins, having Just cause, should not
be hung; and that the Davises and Lees
should be, because their cause is unjust.
Unavailing distinction. For the conqueror
would have but to hold, land for this his own
bare word would be his sufficient authority
that his own cause is Just and the enemy's
unjust-and then his way would be clear to
60 straight to hanging the Washingtons and
Franklins.
On the other hand, there is not in all
Christendom one enlightened friend of hui
man rights who would not rejoice in the in
fluence on the cause of human rights of your
refusing to recognize the crime of treason in
popular rising, after it has reached the
stage Of civil war. For there is not one
such. who would fail to see in the refusal a
proper respect and Difference to numbers or
who would fail to see in it the making of
revolution more easy; and, what is far bet
ter, the making of governments more studi-
ous of justice in order to prevent revolu-
ton. BY the way, there are some who deny
the right Of revolution in a republic-espe-
cially in a republic where suffrage is as eX-
tended as in our own; and hence do they
deny that the revOlutionists in a republic
are entitled TO the humanities of the law of
war. But there may be rs uncomfortable OPP
preston in republic There have been in
our own rs under monarchy or oligarchy.
1t is not where the oppression is, but how
great it as, which affects The question of the
right of revolution.
Humanity is, on the whole, constantly |
making progress. In almost every age it |
takes some marked and wide step upwards |
and onwards. Such a one will it take in
this age, if Christendom shall declare her.
self against the recognition of treason in a
civil war. VIII she thus declare herself? |
\ mighty impulse towards il would she feel |
from your inviting her to declare il. "And |
who knoweth," my old, and honorable, and |
beloved friend, whether thou art to comet |
the kingdom for such time as this?" Beau |
titui and glorious for yourself your country |
and mankind will be your Chief-J usticeship, |
if God shall incline you thus TO illustrate it. |
And not a little would be done toward gain |
ing as the heart of the South, should YOU |
from your high place say that she ought not |
TO be put on trial for treason. For to try |
Jefferson Davis Cor il would be to try her |
self for it; and a wrong 10 him would he |
felt by each Of her aggrieved people to be
a. wrong TO himself
How sad that the North should in this, |
the great trial-hour of her wisdom and in |
tegrity, be found so mistaken in regard to |
her needs and duties! She denomces the |
South for bringing on the war. But her |
own responsibility for it is no less than that |
Of the South Nay, in the light Of the fact |
that her temptations TO betray freedom and |
industry were so much weaker than those
" hich assailed the South, her share of the /
common responsibility for the war is far the
greater She clamors for the punishment
o.. the South under the Constitution. But |
She should feel that the South has been pun
ishcd very severely already. She complains
that the South has still a hard heart. But
II is not harder than her own. The heart
that can refuse gratitude TO the brave, for
giving and magnanimous black saviors Of
our country, and that, by denying them suf-
frage, can throw them again under the feet
Of their old oppressors, is a heart that need
not look abroad for a worse one. The |
North calls on the South to repent But she
needs to humble herself 10y the side Of the
South in a common repentance for common
sins
The North has desolated and estranged
the South. Whether or this was or was not
necessary, il is nevertheless clear that her
present work is to win the comfort and bless
the South. Great as is this work, il can,
however, be done. 1t is true, that the Pres
ident has, by his unwise policy, sadly de-
the South. For that policy, by
the way, he Is not 10 be too severely Judged.
Ii grew almost necessarily out of his una
voidable pro-slavery education.
Ii is true that, though he found the South
and sober, and in state to res
pond TO the claims Of truth and reason, he