Clarksville weekly chronicle. [volume] (Clarksville, Tenn.) 1865-1867, 1866-06-29
A RADICAL LEADER AGAINST THE
TRIAL OF JEFPEREON DAVIS.
HE DENIES THE AUTHORITY OF COURT TO
TRY HIN.
Gerra Smith to chief Justice Chase.
PEYERsBORo, May 20, 1885,

PESEasBoRo, May 20, 1856.
CHIEF.JUsTIc CHAsE--lIy Dear Sir: Il zee
that Jefferson Davis Is to be brought before
you for trial. I believe you have not the
right 70 Try him and I hope you viii hold
you have not
Your Court administers the Consultation
not the laws Of war. But neither jefferson
Davis nof any of his Observation-Disclosures are
under the Constitution; nor have they been,
since the contest they embarked in, became
q civil war. They are under the law Of
war-undes the law Of the conqueror--as
exclusively as would be Mexico, were IL she
instead OF the South, that we have conquered.
In saying erclusipeiy, do not forget that
our government action Is to the contrary
But this hybrid action-the weak and cow
ardly vascillation between the Constitution
and the law Of war-this dealing with the
South now under the one and under the
other-proves nothing but its own abeurdi-
ty. The South, II peace between her and
the North is restored, Is again under the Con-
stitution. Ifitis not restored, (and her non-
representation In Congress, and our troops
IN the midst Of her, are among the things
which prove 1t is not she is still under the
law Of war. Under this law let her be
punished for her violation OF this law, be 1t
for starving our prisoners, for sssassinating
our President, or for slaughtering on the
battlefield Of surrendered prisoners. Under
this law, II they participated in any of these
crimes, let even her Davises and Stepheuses
and Lees be tried: and, add, for no ofbense,
whatever, should they be tried by any other
than a military court.
Rutx by do 7 tlxa T.
Of conquered nation? do 10, first be-
cause in the light Of the teaching of the
wisest and most advanced publicists she is on
it second, because our Government Is COM
mitted by iisown acts during the war to regard
the South as on this footing and third, be-
cause of the abundant and conclusive reas-
ons there are why publicists should have
taught as they did, and why our Government
should have acted as II did.
l. A few citations will show that have
not mistaken these teachings. vattel says
But when q nation becomes divided into
parties absolutely Independent and no longer
acknowledging a common superior, the State
Is dissolved, and the war between the two
stands on the same ground, in every respect
as public war between the different ma
tons. They decide their quarrel by arms,
as two different nations would do. The OBJ
| legations TO observe the common laws of
war toward each other Is therefore absolute,
indispensahly binding on both parties, and
the same which the laws Of nations imposes
on all nations In transactions between State
and State"
| As precisely our case is this rs II Vattel
had us, and us only, in his mind.
| Hallam, Macaulay, welcker, unsurpassed
authorities on such subjects and all Of our
own enlightened day, fully sustain Vattel
In speaking of civil war, Hallam saysi
"The vanquished are to be judged by the
rules of nations, not OF municipal law"
Macauly says that in such case.
"The vanquished ought to be treated ac-
eording to the rules not Of municipal, but Of
international law"
I And welcker says.
His (the leadersl followers are also
more or less punishable aiden and abettors
as long as their number has not grown 90
large that sincere belief exists that he or
they act with the consent of the nation, q,
that division of the nation has taken placs
In two hostile camps. In the latter case the
rebellion becomes civil war: the right ha,
become doubtful, and Is left, as In the wars
between several States, TO the decision Of al
Almighty Judgement (Goftssgeriehf) Un
der such presnpmtions, every citizen Is bound
70 declare himself for one or the other party
according to the wise Law of Scion be !
bound to do ito 60 either right or left an.
then neither blame nor punishment can reacl
J him, whatever the result OF the battl'
J may be vanquished--not loyalists and crimi
} mails. And although 1t is difficult 10 stat
, the precise moment rebellion ceases and civi
: war commences, there nevertheless exists al
} essential difference between them, II Is the
7 for the victorious Tarty 70 extend clemeney
9 and even no punishment At all, fof prudenc
and humanity would dictate such course