The south-western. [volume] (Shreveport, La.) 1852-1870, 1866-06-27
Gerrift Smith TO Chief Justice Chase.

Is to prove that judge Chase has no right at All ~ tr
Mr. Davis The letter is too long for US to copy en-
tire in our columns. therefore content ourselves
with making some extracts. In the outset he says:
q Chief Jls4ice Classify Dear Sir: l see that
Jefferson Davis is to be brought before you for trial
believe YOU have not the right TO try him; and hope
you will hold that you have not
q Your court administer the consttuOn-not the |
law of war. But neither Jefferson Davis nor any oil
his fellow revoutonists under the constitution !
nor have they been since the contest they embarked IN
became a civil war They under the law of var
under the law of the conquerOr-as exclusively as
would be Mexico were il she, instead Of the south,
that we have conquered In saying exclusively, do
not forget that governmental action IS TO the con
trary. But this hybrid actonthis weak and cowafdy
vascillation between the constitution and the law OF
war-this dealing with the south now under the one
and now under the other-proves nothing but its own
absurdty. The south, if peace between her and the
north IS restored is again under the constitution. II
it is restored land her misrepresentation in con
gross aud troops in the midst Of her amongst
the things which prove it is not then is She Still under
the law of war;
The Mobile Advertiser and Register, from which we
copy says Mr. Smith then proceeds to ague most con-
cusvely atthc late war not mere struggle be-
tween the federal government and band of rebels
but that it was formal wclldefned war between two
de 1rcto governmcns-reeognscd as such by the acts
of the United States government itse!-and that the
south stands in the attitude Of conquered" PEG
pie. He cites the authority of Yattc Haam, Macau-
Law. Wclcker and Iiebcr, TO stftsain these positions.
Lieber-himsclf an adherent of the federal party iii
the late war-says in an article written while twas in
progress:
"No one incurs the guilt of treason by adherence
to king or government de Tacto, although the king
or government has but the right Of successful rebel
and loses all by subsequent defeat"
Mr. Smith fortifcs his principles by reference to the
acts of the federal government during the war; such as
bIockadng the southern ports, exchanging prisoners
with as, negotiating for peace, &c, &c.
lie objects to the "pardons" granted by president
johnson Since there treason 10 pardon,
president johnson had no pardoning to do Pardons
to southern men arc in place than would be
pardons to Engliahmen, had we conquered England.
= Nor is the objection TO treating them as
traitors, instead OF enemies in was overcome by par
doning all bat few Che stigma Of treason should
not come upon any Of them and the pardon but las
tens it, instead Of wping it Of"
Mr. Smith docs US justice ia another respect, where
in there arc not lacking southern to deny it.
The reader, WHO is familiar with the yitupcraton daily
poured forth in the halls Of congress- well in the
columns Of the radical press, will scarcely believe that
the following is frem the pen Of one Of the Oldest and
most uncompromsing abolitionsts;
"When vast nualbers take very important step it
is not only reasonable to believe that they think they
have much ground fer it, but it is also reasonable
believe that they really have ground 70: it. And
in this connection let add, that if government is
entirely Just towards all its subjects, it is hardly sup
posabe that any considerable share Of them will
be found alrayed against it. That revolutions
is to be ascribed mainly and well nigh universally to
the injustice of government Especially ready should
be republicans Who by force of their institutions and
education, honor numbers instead Of wosshpping tie
few to blame government rather than the people. Is
pecialy ready should they be to view with charity
however great wrong, where it is whole people who
are driven into it."
Again, with regard to the doctrine Of State sover
eighty and its coroslary, the right Of secession:
~ have admitted the painness Of the constitution
at one point. Its lack Of planness at another and
most vital point is OF itself sufficient why the
south should not be held for treason. 1t not
slavery alone but slavery combined *iih the doctrine
Of State sovereignty, that brought on the war Since
no small share Of the statesmen of the north and
large majority Of the statesmen OF the SOUTH including
even Jefferson and Madison, have believed that they
saw this doctrine in the constitution, it is idle to say
that adequate pains taken to shut It and all sem
bancc of it out Of the constitution"
Mr. Smith argues this point, Of the right Of the
southern people to be treated, conquered people,
according to the usages Of ciyised warfare and the
principles Of LIBERAL humane and enlightened policy
with much force and eloqucnce. We do not consider
it necessary quote any Of those passages Of his let
ter which touch the question Of negro suffrage Here
he is crazy--absoutely crazy. 10 eRphcmism will ex-
press the extent Of the monomaaeal infaaation. In
all else he Is reasonable eEear logical and temperate
" eloquent. We quote few passages, Illustrative Of
this, from the conclusion Of his letter:
Humanity is on the whole, constantly making
progress. In almost every age it takes some marked
and wide step upward and onward. Such one will it
take In this age if christendom declare herself against
the recognition of treason in civil war. will She
thus declare herself? A mighty impulse toward il
would she feel from your inviting her to declare it.
And who knoweth7 my cid and henorcG and be
loved friend whether thou ast come to the Kingdom
for such time as this 7 Beautiful and glorious for
Yourself your country and mankind will be yoar chief
iustcesp if God shall Incline you thus to illustrate
it, And not little would be done toward gaiang us
the heat of the south, should you from Your high
place say that she ought no. to be pet on trial for
treason For to try Jefferson Davis il would be to try
herself for it; and 4 wrong to him would BE iGlt by
each of her agrieved people be wrong to himself.
How sad that the north should in this, the great
triahour of her wisd8m and integrity, be found 50
mistaken in regard to her needs and duties She de-
nounces the south for bringing the war. But her
own responsibility for it IS less than the south.
Nay in the light of the fact that her temptations to
betray freedom and justice mach weaker than
those which assaed the south, her share Of the com
mon responsibility for the far the greater She
elamors for the punishment of the south under the
constitution But she should feel that the south has
been very severely punished already. She complains
that the south has still hard heart. Bat it is not
harder than her own.
The north has desolated and cstranged tic south.
Whether all this not necessary, it IS never
less clear that her present work is to win back and
comfort and bless the south Great is this work, it
can, however, be done.
81 have saidtbat we must deal with the south in the
spirit Of impartial justice. We must also deal with
her in the spirit of great generosity and great love
We must claim nc indemnity for the past. We must
exact no unnecessary security for the future. We
must subject her to charges aud no disabilities
( which are not indispensable.
One thing more the south is poor and the north i,
still rich Would it be large expression of fra
ternal love to the seh for five or ten years
from the imposition of direct national tax:"
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