New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1866-06-15
eerrltt sm,th,.r.et,er 10 ohtef Justice onase.

Chief Justice Chase; r. T.. ..
al, Dea,. SRI see that Jefferson DAVIS Is 70
~ [gg,,,,tt abafnrs won for trial, believe you
have moi the right to Try him and nope you wiz
hold you have not. a.. fr,,s+;+r+;nr NOT the
law of war. But neither Jelefsol ga .T rntt
-. ,,Sr have thev been since the contest tney
barlsed IN became civil war They are under
~ law Of war-under the law of the conqueror-
as exclusively az would pc MeAleo mele ~ sue -
sfesd of the South, that we have conquered.
In saving exclusively, ] do not forget that our
governmental action is to the contrary. But
his hybrid aetion--this weak and oewardly
yaoillaflon between the Constitution and
South, now under one and now under the
other, proves nothing but its own ahsurdity. The
South, if peace between her and the North is re-
stored, is again under the Constitution. If It Is
not restored land her misrepresentation in CON
gress, and our troops in the midst Of her are
among the things which proveit is notl then Is
she still under the law of war? Under TINS Jaw ~
her be punished for her violations OF tnls iAM-ns
It for starving our prisoners assss hstta field
President or for slaHghtermg on the patqe nel "
our surrendered prisoners. Uhdet tni9 20"
they participated in any OF these crimes, 10. Ss5l
her Dayises and Stephenses and Lees De irle9
and add that for no offense whatever should
tbey he fried by any other than military court.
R,,t 1yhy do i put the South on the footing OF
a conquered nation? i do so, nrst, because, IN bhe
light of the wisest and most advanced puohclsts,
! She III SeGOUu. UtCdusS QuA SOfSAAuASAU 10
committed by its own acts during the war; to re-
gard the South on this footing and third, because
OF the abundant and conclusive reasons there are
why publicsts should have taught as they dld, and
why our government should have acted as 1t did
l. A few citations will show that have not mis-
taken these teachings. Vattel says:
But when nation becomes divided into par
ties absolutely independent. and no longer &C
knowledging common superior, the state Is DIS
solved, and the war between the two stands on the
same ground, in every respect, as a pubic war be
tween two different nations Iney decide then
quarTels by arms as two different nations woplc
do. The obligation to observe the common laws
| of war towards each other is therefore absolute
| indispensably binding on both parties, and thu
same which the laws of nations impose on all ma
tons in transactions between State and State
AS precisely our case is this asif Vattel ihad us
and "a only, in his mind.
/ Hallam, Macaulay, Welcker, unsurpassed author
tiles on such subjects, and all Of our own lenght
ened day, fully sustain Yattel In speaking o
civil war, Hallam says:
'fThe Yanquished are to be judged by the rule
of nations, not Of municipal law
Macaulay says that in such case,
The vanquished ought to be treated aecordin
to the rules not of municipal but of internationf
law 5a,etsg ,,,v ..,f
f91W His {the leaderfs) followers are also more {
less punishable as aiders and ahettoTs, as long
their number has not grown 80 large that slncel
belief exists that he or they act with the consei
oil the nGLl0l OF II uiNlSlun vi nullu1 Lit
! taken place into two hostile camps. In the lattt
case the rebellion becomes civil war the right hi
become doubtful and is left, as in the wars betwee
I. several States, to the decision OF an Almlgh'
y Judgment. (Gottesgericht)a Under such a pr
/. sumption every citizen sbound TO declare himse
for one or the other party, according to the WI
n law of Solomon he is bound to do ito go eth
n right or lefty and then neither blame nor punis
q nnent Gan reach him, whatever the result OF Il
4 battle may be-. Then there are only Yiotors an
y yanquished-Dot loyalists and criminals And q
y though it is difficult to state the precise nome
b when rebellion ceases and civil war commence
it there nevertheless exists an essential dlneren'
I between them, and when the moment has arrive
: tits then for the victorious party to extend eleI
ency, and even no punishment tall--for pruden'
j, and humanity would dictate such course"
II In the article !" Treason in the New America
4 Cyclopedia-said to be written by our emine
Y EfelloW-oidzen, Dr. Leiber--are the followil
7, lines: M
Il n No one ineurs the guilt Of treason by an a
ii herence to king or government e Jdeto althoul
the king or government has but the right of su
cessful rebel, and loses all BY a subsequent
feat.1 &R Ff af s&
M 3. That our government is committed by its ov
Il acts to deal with the South as with conquer
nation is manifest in the lightof the character
/ those acts 1t followed other nations and reeo
y nzed the belligerent rights Of the South
4. supreme court unanimously recognizing them.
y blockaded her ports. It exchanged prisoners vi
~ her It negotiated with her for peace-and,
4 went more than half way to meet hers, were
4 less than the President and the secretary OF sta
= In a word it came into clear understanding WI
II the enemy that the war should be conduct
y. | according to the law Of war.
= do not forget that cur order, No. 100, in l8f
II is quoted to prove that we therein appraised
N enemy that If finally yanqnished, he would be ht
n for treason. Nor do forget that President L
4 coins proclamation OF amnesty implied that
u case was still one Of treason. But these WOi
~ were all eg pdTte as well as eG post fdcto pape
NJ and had therefore, nopoWerto repeal nor In al
Al wise modify the understanding between
~ narties--m0st emphatically not whilst the part
~ were continuing to act upon that understand
" The same is true Of any act OF Congress touehl
Il the case. And, just here, let me say that sill
~ there was no treason to pardon, President j ohns
NJ had no pardoning to do. PardOns to South
~ men are no more I'M place than would be pardt
u TO Euglishmen had we conquered England.
~. ~ S. Twill advert to a few Of the abundant {
=. conclusive reasons which justify these emin
* writer's on public law in taking the ground in gu
NJ tion and which, therefore, justify our goVernni
II in having taken it,
IN a. A mere insurreotion or rebellion is to be
II down by municipal OF local law. But when
t t strife rises into the dignity and dimensions Q
~ civil war, the bellgerents are too numerous to
- held as traitors. Says Edmund Burke: do
know the method of drawing up an indGtm
against whole people,n Nor ls the objection
~ treating them as traitors, instead of enemies in
~ u overcome by pardoning all but few, The stil
y of treason should not come upon any of them;
e the pardon but fastens it, instead of wping it
II By the way, the spirit Of republican institute
is utterly forhids this distinction between the m
and the feW--this holding only the prominent
e Responsible and reducing the many to n
~ eiphers. Those who chose Davis and Stephens
y office were as responsible for their choice as "
81 Davis and Stephens for submitting to it, As
= y sonable would il BIO to punish the chosen in
Y choosers as the choosers in the chosen. If we ?
~ ish Davis and Stephens, consistency requires u
= punish thousands and if we let the thousands
T. unpublished, consistency requires US TO let D.
Il and Stephens go unpublished.
10 LIB. When vast numbers take very import
!; step it is not only reasonable to believe that
y think they have much ground torlt, but 1t is
IS reasonable to believe that they really have ST
y, that if government is entirely just toward all
Y subjects, it is hardly supposable that any {
e siderable share of them will ever be found
y Fayed against it. That revolutions occur is to
Z ascribed mainly, and we'll nigh universally, to
Injustice of government. Especially ready she
" be republicans, who, by force of their institute
y and education, honor numbers instead OF wors
y ping the few, to blame government rather
y the people, Especially ready should they bt
- view With charity however a great wrong, WI
it is a whole people who are driven intoit.
!; g. Civil wars unless they shall be allowed L
conducted in their final as well as in all their sts
~ by the law of war wili ere long, become '' bl
III flag and "no-quarter wars" And in this p
al let me say that we should have lost cur coul
NJ had not cur government consented TO let the
" be conducted according to the law Of war.
Nc North would rather have given up the South I
an have tried to hold her by war carried on u
~ the low plan Of d merciless barbarian,
10 nrHo f,1o astTff