The Tiffin weekly tribune. (Tiffin, Ohio) 1859-1868, 1866-03-08

SOVEREIGN AND BELLiGkRENr RIGHTS
- REBELLION AS PUNISHABLE AS
TREASON.
But can this nation exercise soy.
ereign as we'll as belligcrcnt
rights over rebels In other
words, do the belligereut rights
conceded TO rebels protect them
from punishment in the civil courtsi
The gentlemen from Illinois
Mr.. Farnsworth-during the dis.
cussion on the 2lst of December,
made the inquiry:
81 would like to ask the gentle.
men from New York whether he is
entirely sure we have tho right to
try jeff Davis for treason, mas.
much as our Government has Civ
en- to them bclligcrent rights, has
recognized and respected the COM
mission that he has issued 3"
This question must be answered
in the affirmative upon two grounds
first, that treason was commit.
ted before bclligerent rights had
been acquired and, second, that
subsequent acts of treason are not
by the law of nations exempt from
civil punishment.
The voluntary Glowing { war
against the United States by one
owing them allegiance, either per-
petual or temporary, is treason. "
UNITED States VS.. Wiltberger, 3
Wheaton, 97.)
That traitors did thus "levy
war;" is not denied. That they
citizens--did owe allegiance at the
inception Of the war and before
any bclligercnt rights had been
conceded is equally certain, and for
that original levying war " there
is no shadow OF defense. An act
criminal when committed cannot
become innocent by additional
crime, [23 Law Register, Boston,
597; 9 Bishops Criminal Law,
1904
| may admit that belligerent
rights were conceded to the so
called "Contederate States" r.
Black, 635, and that the Consti'
tuition recognizes the law of nations
as a part Of the.law OF the land,
[ Attorney Generals opinion, July,
1861
But as secession was authorized.
the rebellion was not supported by
a Government de .jure. | might
admit, what our nation denies,
that rebellion was supported by a
dc tacto confederate Government
that insurrection had risen into re-
be!lion, and this into civil war, yet
all this does not, upon reason oi
authority, remove the penalties Of
treason.
This is affirmed by the element
ary writer's on international and
criminal law and the highest judi
cal decisions.
Bello, whose work is cited with
approval in the recent edition o.
Wheaton on International Law
Gays: #..H
'When the sovereign has con
qucred the party opposed to him
in civil war, and obliged it to de
mand peace, it is customary to con
cedo to it general amnesty, ex
cepting from it the authors AM
chiefs, whom hc may punish &C
cording to the laws. ."--Principio
de Derecho Mternacionat, cap. x
page 267.
Vattel says: 5r~bfTT9
when the sovereign has sub
dued the opposite party, and re
duced them to submit, and to su
for peace, he may except from tn
amnesty the authors of tue distur
bances--the heads of the party h
may bring them to legal trial
and punish them if they be foun'
guilty - NatteI, Droit des Gems
liv. 8, ch. IS, sec. 295.
In Lawrence's Wheaton on In
ternational Law, it is said in a not
to page 522. .df ..
"a civil war is when a part,
arises in State, which no longe
obeys the sovereign, and is suffi
ciently strong to mako head agains
him, or when in a republic the ma
tion is divided into two opposit
factions and both sides take NJ
arms.n 'al+ "Civi
war breaks the bonds Of societ,
and of the Government it give
rise ina nation to two Independent
parties who acknowledge no com
mon Judge" " Whel
the sovereign conquers the opposit
party, and obliges it TO dcman'
oa.oa ba NAV except from the am