Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-06-06
TERMS AND CONDITIONS TO
TRAITORS.

A leading Radical press, in speaking of
the new reconstruction propositions now I'M
der discussion in the Senate, says ''the con-
quering masses of the American people have
never for moment yielded their determi-
nation to secure such guarantees as wOnld
not only prevent the authors of the rebel
lion from resuming their power, but as
would only admit them TO a share in the
Government upon certain clear and speci-
fed conditions precedent, and recently a
Senator in Congress, in the course of debate,
inquired "whether the political crime of
treason did not Justly involve the political
punishment Of forfeiture of political rights
on the part Of the traitor" Both the asser-
ton and the inquiry are in direct variance
with the dearest and the very elemental,
principles of American republicanism, and
the mind that could declare the one, or pro-
pound the other, must never have had any
accurate conceptions upon the subject
What, in the first instance, is called the
"conquering masses" have, and can possibly
have acquired no authority to dictate terms,
or prescribe conditions precedent to the re-
admission of those lately in rebellion to
their proper positions under the Govern
ment, or to the resumption of all powers at
taching TO such a position; nor have they
any authority to release them from all due
obligations, orfrom thepenalties attaching to
violated obligations. The "conquering"
that was done in the recent contest was to
subject all to the authority of the Constitu-
ton as it stood when the infraction was
made, Qr at the time when the contest ter
minated. There are no other terms or con-
ditions other than those therein laid down
to which the yielding party can be rightfully
made subject. The attempt by political
party, temporarily in control of one
Of the departments of government, to
set up its views of social and politi-
ical economy as the standard of ortho-
doxy, or to exact anything of the authors,
aiders, or abettors of the rebellion except
what the Constitution requires, is usurpation,
which is but another name for treason. The
men who yielded to the sword of the Con-
stitution, expect and only ask a compliance
with the terms of their surrender. If it takes
property of some be it so. They wish this
done legally, however, for they yielded to
the law They did not surrender to the
prejudice and bigotry ofa malignant party,
but to great Government which they had
reason to believe was az magnanimous as it
was powerful above all that it was just
and that it would never permit them,
whether they were regarded as unfortunate
merely, or criminal, to become the sport
and victims of party hate.
To talk as did the Senator, from whom
we have quoted, of political punishment for
the crime of treason, is to transport one two
centuries back. There is no just power in
this Government to add one iota of punish
ment to the crime of treason beyond that
affixed by the Constitution and laws at the
time the ofiense was committed. Political
punishment means bills of attainder, and
bills of pains and penalties, and er post facto
laws to make Offenses where there were none;
it means Acknowledgement by legislative act.
The science of Government even in l776,
had advanced in this country beyond that
point, and the Constitution of 1889 express
ly forbids them all. The attempt to revive
them is, as we have said, the overthrow of
that Constitution, and the men who, in the
hour of their triumph in civil war, assume
to do so, are more guilty than the men
against whom they misuse their power.