The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1866-06-26
constitutional Rights of Rebels.
FFonl tle sprt,.atisid Repu1liean.

4
The Mobile Times mentions the re-
turn of Capt. Raphael Semmes from
| Washington, without the pardon he
sought from the President, and is much
grieved at his failure. 1t is not only
deeply disappointed at the refusal of
President Johnson to pardon him, but
believes F" it will appear to all right
thinking men most singular Infringe
ment of the rights of Mobile under the
constitution" This is but another rev.
elation of the false and absurd notions
prevailing at the South about constitu-
tional rights. Even during the war
they sometimes had the face to lug in u
plea about constitutional rights in re-
spect to some exclusively war question.
One would suppose they thought they
could make war upon the government,
and yet at the time they were seeking its
destructiont claim immunity and pro-
lection as citizens. jeff. Davis, in his
prison talks with DR.. Craven, assumes
that because he was sincere in his be-
lief of the right of secession il would be
great wrong to try him for treason-as
if opinions should be allowed to annul
crime specially defined and made
punishable by the statute book. jeff.
Davis had the right to entertain what
ever OpiniOnS he chose about cOnstitu-
tional questions and the rights OfStates,
so long as he obeyed the constitution
and laws he could claim the protection
of the government. But when he levied
war upon the government he commit
ted the crime of treason-the highest
crime u citizen can ncoInmit-and he can
now claim only speedy and fair trial
the constitution guarantees absolutely
nothing else to him. E.-.l
Semmes stands in precisely the same
position. He is traitor at large on
parole, and is besides charged with
various violations of international law
Z - FNnNs FNN
the confederacy. His election as judge
of probate by the people of Mobile, un-
der such circumstances, indicated on
their part an utter Inconsistencies of
the guilt and ill-desert of treason, and
Il deliberate defiance of the authority of
the government, which is still worse
because exhibiting the unsubdued
spirit of treason. The President could
dono less than toprOhibit Semmes from
taking the office under such circum
stances, and il should teach the people
of the South that although the Presi-
dent is disposed TO exercise the utmost
Clemency consistent with the safety of
the government, he has not remitted
one iota of his declared hostility to
treason in spirit and in act; and if they
sincerely seek restoration TO their rights
and duties in the Union, they must not
elect unpardoned rebels TO Office.
There is yet much confusion of oPin-
lulls CNGI III LLlC ANOIbit
ter of treason, and tho delay of the
trial of Davis is TO be regretted because
it defers II judicial discussion and settle
ment of questions intimately connect
ed with the future peace of the
country. TheEeneral government can
not try and punish States. 1t deals
with Individual citizens, and must
acquit or punish under the constitution
and laws. If, as some maintain, there
is no such crime AS treason under n
government like ours, the fact should
be settled at once and beyond question,
for it involves the necessity of more
radical reconstruction than anybody
has yet contemplated. IF treason
against the federal government is not
possible, then that government cannot
rightfully put down rebellion by force,
and is no government Mt all, but
sham and false pretense. Let us have
these fundamental questions deterlnin-
ed now they are open, and so determ
ed that there will be no future doubt
about them in any section ofthe Union,
or with any intelligent citizens.