Clarksville weekly chronicle. [volume] (Clarksville, Tenn.) 1865-1867, 1866-06-29


In the article aTressonn In the new
American Cyclopedis, said to::bs written by
our eminent fellow citizen, Doctor Leiber are,
the following lines: r r.
"No one incurs the guilt Of treamn by an
adherence 10 king or government De Jocto,
although the king or government has but
the right Of q successful rebel and losses all
by subsequent defeat"
2. That our Government 10 committed by
It's own acts TO deal with the South as with a
conquered nation Is manifest in tho light Of
the character Of those acts. Il followed
othor nations and recognized the belligerent
rights Of the South---its Supreme Court
unanimously recognising them. II block
AIDED her ports. Il exchanged prisoners
with her. Il negotiated with her for peace;
and In one Of these negotiations our Commits
sioners who went more than half way To
meet bers were no lees than the President
and the Secretary Of State. In . word, !,
came into clear understanding with the
enemy, that the war should be conducted &C.
cording to the law Of war.
! do not fbsset thai our Order No. 1000
in 1863 Is quoted TO prove that we therein
apprised the enemy that, II finally vanquish-
ed, he would be held for treason. Nor do for.
get that President Lincoln's Prcclamation ol
Amnesty. implied that the case was still
one Of treason. But these were all ex parts
as wea as &C post (acts papers and had
therefore, no power to repeal, nor in anywise
modify the understanding between the par
ties-most emphatically not while the par.
ties were continuing 70 cot upon that under
standing. The same 10 true Of any act oi
Congress touching the case. And, Just here
let me say that since there was NO treason V
pardon, President johnson had no pardoniup
to do. Pardons to Southern men are no more
In place than would BE- pardons TO English.
men had we conquered England.
8. win sdvert to few of the abundant
and conclusive reasons which justify thes.
eminent writer's on public Law In taking the
ground In question, and which therefore jus
tify our Government in having virtually
taken il is-<l7tsg .I
A. A mere insurrection or rebellion ID 10 b,
put down BY municipal or local law. Bul
when the strife rises into the dignity ant
dimensions of civil war, the beligereutl
are too numerous 10 be held ~ traitors. Says
Edmund Burke: ~ do not know the methot
Of drawing up an indictment against q
whole people, Nor Is the objection to treat
ing them a. traitors, instead Of enemies II
war, overcome by pardoning all but few
The stigma af treason should not come upor
any Of them and the pardon but fastens 4
spirit Of Republican institutions utterly for
bids this distinction between the many ant
fsw-this holding only the prominent few
responsible, and reducing the many TO mer
cyphen. They who chose Davis and Steph
ems for Office, were as responsible for thei
choice as were Davis and Stephens for sub
mitting to it. Az reasonable would It be I,
punish the chosen In the choosers as tn
chooeers In the chosen. If We punish Davi
and Stephens, consistency requires rs Il
punish thousands and II we let the thous
ands 60 unpunished, consistency requires u
to let Davis and Stephens 20 unpunished.
b. When vast numbers take an importan
step. It 10 not only reasonable to believe ths
they think they hare much ground for !,
but it is all reasonable to believe that the,
have really some ground for It,. Aud in thi
connection let me add, that If the Govern
ment Il just towards all its suhjects, It
hardly Supposable that any considerabl
share OF them win ever be found arraye
against It. That revolutions occur is to b
sscribed mainly, and well-nigh universal,
to the injustice of the government. Esps
cially ready should be Republicans who, b
the force OF their institutions and education
honor numbers instead Of worshipping th
few, 10 blame Government rather than th
people. Especially ready should they be I
view with charity however great wrons
where il is whole people vho are drive
Into IL.
@. Civil wars, unless they shall be aliowe
TO be conducted in their final as well as ]
all their stages by the law OF war, will, er
long, become ''black flag and mo quarter
wars. And in this place let me say that W
should have lost our country had not ou
Government consented TO let the war be cor
Quoted according to the law of war. Th
North would rather have given up the Sout
than have tried to hold her by war carrie
on by the low plans of merciless barbsrisu
d. There Is suffering enough In civ
war, and especially TO the defeated part,
without adding to II after the fighting hi
ceased. And surely, surely, the spirit of Ii
man who, to increase the suffering of th
South, would break the agreement with hs
to carry on the war under the law of war
not To be envicd.
need give no more reasons Ia support
the authorities I cited. But Il will be sal
that the Constitution plainly defines what
treason, and that your court must follow th
Constitution. admit the plainness of th
\ definition. But certainly, must not adm
that every one, who does what in anoths
would be treason, is himself guilty of it.
French or English army invades US. Th
Constitutional definition describes the acts {
treason of this army. We capture It. New
erthelees we do not try II for treason. VIII
not7 Simply because II Is Tor another M
ton. But the South came up into de faei
nation-for the time being into another M
tion-and, therefore, we should not try be
for treason.
i have admitted the plainness Of the Cor
stitution at one point. It's lack of plAinnes
at another and more vital point Is Of itself
sufficient reason why the South should nc
be held for treason. IL was not SLAYER
alone, bat slavery combined with the dot
trine OF State sovereignty, that brought o
the war Since no small share OF the state,
men of the North and large majority OF th
statesmen Of the South, including Jeffrrso
and Madison, have believed that they sa'
this doctrine In the Constitution, Il il idle I
say that adequate pains were taken To shr
Il and all semblance of II out Of the Const
tuition. Perhaps the streams of blood she
in this horrid war have not washed ava,
entirely and forever, this pernicious doctrin
Then let II be provided for, II not ln a co,
stitutional amendment at least In the teru
n