Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1866-07-23
[REpoRrED by T. o'BRrES. STOCK BROKER, GOLD NIL.
SAN FnANcIsoo, July 23-lr.N.
Constitutional Right. Of Rebels.

The Mobile Times mentions the return
Of Capt. Raphael Semmes from Washing
ton, without the pardon he sought from
the President, and Is much grieved at his
failure. He is not only deeply dlsap-
pointed OF the refusal Of President john
son to pardon him, but believes cit will
appear to all right-thinking men a most
singular infringement of the rights OF Mo-
bile under the Constitution" This is but
another revelation of the false and absurd
notions prevailing at the South about con-
stitutional rights. Even during the war
they sometimes had the face to lug in a
plea about constitutional rights in respect
to some exclusively war question. One
would suppose they thought they could
make war upon the government, and yet
at the time they were seeking its destruc-
ton claim immunity and protection as cit
liens. JEFF. Davis, in his prison talks
with DR.. Craven, assumes that because ne
WINS sincere in his belief Of the right OF
secession it would be a great wrong to try
him for ,reason-as il opinions should be
allowed to annul q crime specially defined
and made punishable by the statute book.
JEFF. Davis had the right to entertain
whatever opinions he chose about consti-
t~utional questions and the rights of the
| States, and so long as he obeyed the Con-
stitution and laws he could claim the pro-
lection of the Government. But when he
levied wal upon the Government he COM
mitted the crime Of treason-the highest
crime O citizen can commit-and he can
now claim only a speedy and fair trial
the Constitution guarantees absolutely
nothing else to him.
Semmes stands in precisely the same po-
sition. He is a traitor at large on parole,
and is besides charged with various viola
| tons of international law in his course as
q naval commander of the Confederacy.
His election as Judge Of Probate by the
people of Mobile. under such circum-
stances, indicated on their part an utter
Inconsistencies of tho guilt and ill-desert
of treason, and a deliberate defiance of the
authority of the Government, which is
still worse because exhibiting the unsuh-
dued spirit Of treason. The President
could do no less than to prohibit Semmes
from taking the office. under such circum-
stances, and it should teach the people Of
the South that although the President is
disposed to exercise the utmost clemency
consistent with the safety of the Govern
ment, he has not RENTED one iota of his
declared hostility to treason in spirit and
in act and if they sincerely seek restorn-
ton to their rights and duties in the
Union, they must not elect unpardoned
rebels to office.
There is yet much confusion of opinion,
even in the North, upon this matter of
treason, and the delay Of the trial of Davis
is to be regretted because it defers q judi
cial discussion and settlement of questions
intimately connected with the future peace
of the country. The general Government
cannot try and punish States. It deals
with individual citizens, and must acquit
or punish under the Constitution and
laws. II. as some maintain, there is no
such crime as treason under a Govern
ment like ours. the fact should be settled
at once and beyond question, for it in
wolves the necessity Of o more radical re-
construction than anybody has yet con-
templated. II treason against the Federal
Government is not possible, then that
Government cannot rightfully put down
rebellion by force, and is no government
ut all, but q sham and false pretence. Let
us have these fundamental questions de-
termined now they are open, and so deter
mined that there will be no future doubt
about them in any section Of the Union,
or with any intelligent citizens.-Spring-
field (Mass.) Republican.