Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1866-10-12

might be we'll to uphold the reSpectaDllitV OF
old fashioned rebellion an case Of need. The
right of revolution certainly has the merit of
never having been abandoned or surrendered
by it's friends, and whenever needed by an
oppressed people will be found as good as
!" bran, new." In such case, / feel myself
bound s'by the highest tie which can bind a
gentleman, again to attempt by force to as
sert this right and to aid and advise others
to do it."
You seem to regard my opinions as g dan
gerous admissions" tending at this time to
weaken the position and to endanger the
safety of the States and people of the South.
On the contrary, | claim as the chief merit
Of my views, that they meet the most press
ing difficulties Of our situation, and place
both States and people under the protection
of the Constitution of the United States
Without discussing or at present even
questioning the doctrine of secession, may
be allowed to say thatin practiceit has not thus
far answered the expectations and prediction
Of its friends. tdid not prove to bea peace
full remedy. It did not secure US any ad
vantage Of nationality in the conduct Of the
either from the United S4ates or from
other nations. It did not enable us to make
terms of peace; and we occupy before the
world to-day the position Of defeated and dis
persed rebels and not of conquered nations.
|sss Strangely enough, it is in this very posi-
ton that we find whatever of right or safety
or protection we now claim.
Upon the theory of secession as stated by
you, the State of Virginia became, by her Or
dinance of secession, "a separate nation :
by the fortune of war she has become con-
quered nation--and by the well established
law of war is at the absolute disposal of the
conqueror, and bound to take such institu-
tons and laws as may be imposed by the
law making power of the United States.
Mr.. Lyons, who holds his theory, calls
President johnson the e Restorer Of the Con-
stitution," and looks forward with confidence
to the rise of the old Estates Rights party
with the g Resolutions of '98" in hand. /
hope he will, in the light of those venera-
ted principles" and by the aid of :. Blair's
Rhetoric and Andrews Logic" inform us by
what authority and by what process, the Sc
coded and separate nation Of Virginia has
been restored to the Union, and how he--a
foreigner and alien enemy-has acquired
any right under the Constitution Or any
share in the Government of the United
States.
If he would only consent to be called a
rebel and to renounce the theory Of secession
for the past as earnestly and distinctly as he
has disclainied its practice for the future, we
could readily understand that, being Vir-
ginian, a citizen Of State which never got
out Of the Union, and having asked and re-
ceived from the President upon the most APP
proved States Rights principles, g so-called
pardon" he is ipso facto reconstructed; and
is re-established in all the personal and polit-
ical rights which by his rebellious revolution
airy conduct he had placed in jeopardy.
How much more comfortable he would be
in such position than he can be in seceed-
ed condition, the unnaturalized inhabitant of
a conquered territory, alien to the Union
and stranger to the Constitution, exposed
to the fury Of the Radical Congress and the
Cannibal Convention whose hope for our
destruction rests upon the theory "that the
Southern States are not in the Union" and
that the Southern people are not entitled to
the the protection Of the Constitution of the
United States
There are, however, some of our people
who are not included in the proclamations OF
amnesty and who have not yet received the
Presidential pardon. These, | suppose, are
our s.imperiled countrymen''' of whom you
speak, whose interests and safety are to be
prejudiced by my illegal opinion and con-
fesslon."
| President Davis is the only one of our
friends now under arrest and threat of pros
ecution, and as to him [ take it to be clear
that if he is to be regarded as the defeated
chief of a separate nation, the case of Napo-
leon establishes precedent for his lifelong
captivity. If, however, he is citizen of the
United States, charged with 'slevying war
against them" he is entitled by the Consti-
tuition to speedy and public trial, or in de-
fault thereof to be discharged. / have al
ready expressed the opinion that ''to subject
a man occupying his position to the narrow
rules which limit judicial construction and to
the mockery of jury trial, would be an out
rage too gross to be anticipated Of any gov
eminent in in Christendem." He is a pris-
oner Of state, who, for reasons Of state,
ought, as matter of national magnanimity,
to be discharged without trial, and | have
not yet brought myself to believe that Presi-
johnson will seek to avoid the performance
Of this high duty by handing over such a
prisoner to an Inferior judicial tribunal.
The discretion to discharge prisoner in
such case, is, in my opinion, political and
not Executive and not judicial. =
From which department Of the Government
President Davis or any other Confederate
has most to expect, would not be difficult to
determine.
From what I have said, think it will APP
pear that my opinions on these subjects,
whether right or wrong, have been formed
from a Southern and Virginia standpoint,
and that you have done me no more than
justice when you said Of me 'shis heart is
with his people,
You say you cannot differ with me Sin
other than kindness I take you at your
word, and in the same spirit | beg leave most
respectfully and yet most earnestly, to
| n