The national Republican., 1866-07-12
GERRIT SMITH AND THE TRIAL
OF JEFF. DAVIS.


at Peterboro, N. Y, named GERRIr SMITH
He brooded over the wrong Of negro slavery
until he became insane, and was taken to the
Insane Asylum at Utica about the time that
old JoHN BRowN ,perpetrated his raid upon
Harper's Ferry. During the rebellion he
appeared to be generally rational, although
his mind, when severely taxed, was occa-
sionally Eighty. He is very wealthy by in
heritance, and he has been so liberal with
his means as 10 have deservedly won for
himselfthe reputation Of charitable man. He
is the very best Of the best Of radicals. He
is sincere in all be says and does. For that
he is entitled to much respect. t...
Nevertheless, this tribute must not fore
close us from saying that, in consequence Of
his want Of "balance," he does very great
amount Of harm. His purity Of character
gives to his crazy effusions consequence
they would not otherwise have. Whilst he
puts forth ideas at times that would in
struct some Of our wisest statesmen, he gen.
orally runs them of into some theological,
political, or legal absurdity which no public
man nor party could safely adopt. Therein
lies the trouble.
Mr.. SMITH has made one Of those charac-
teristic demonstrations recentlyin letter to
Chief Justice CHASE. He is well read up in
the laws Of nations-knows perfectly what
the laws Of nations are-knows that they are
paramount to the constitutions of every and
any State in Observation-Disclosures that they
oon.nIa A., avar,, ltata in Nbr;etanda,, .o,
tain powers, styled attributes Of SOW
ereignty"Akmows that among these attri-
butes is the duty Of every nation to protect
and defend It's own life. Borrowing from the
late JOHN QuINcY ADAMS the term, he has
accustomed himself to speak oftbis attribute
Of our Government as the claw of war;" In
this he 10 SO much wiser that the masses Of
the radicals with whom he acts that he towers
mp head and shoulders above them all. 1t is
there that he takes his starting point in his
disquisition to Chief Justice CHASE. He com.
menees thus 4' 80 ~. 80
II - that Jefferson Dsvisi to be brought before
you Tor trial. believe you have not the right to
try him; and I hope you will hold you have not.
"Your court administers the Constitution, not
the isv Of war.'' 600
so far he is eminently right. The circuit
courts Of the United States administer the
laws of Congress enacted under the auth ,rity
Of the Consultation, not the attributes of
sovereignty called by him the laws of war.
Unless JEFFERSON DAVIS is properly indicted
for violating those laws, he cannot be tried;
and unless he shall be proven to be guilty of
treason he cannot be convicted. OF this
there can be no doubt. a.,....
But no sooner does his great mind let go
this sound idea than it shoots off into the
greatest legal absurdity. He says; D..
"But neither Jefferson Davis nor any of his fell
low rsvoutionsts under the Constitution; nor
have they been since the contest they embarked In
became . civil war. They are under the law of
war. under the law Of the conqueror as exclusively
as would be Mexico, were IL she instead Of the
South that We have conquered" -.
He then SO misreads HAILAM; WncKER,
VArrBL, and WHEATON, as to pretend to ex-
tract from them authority for the statement
that DAVIS went ont from under the Federal
Constitution and established legal govern
ment de Cacto Of his own. From that point
forward he is logical in his deductions that he
DAVIS was outside Of the law Of treason, and
sustains the relation now of q captured
enemy. He quotes DR.. LEIBER for the fol-
lowing authority; ..'.. ..
"No one ineurs the guilt Of treason by an adher-
enos 10 king or government de Jacto although the
king or government has but the right Of success.
full rebel, and loses all by subsequent defeat"
1t being germane to his purpose to estab-
lish, if possible, the fact that DAVIS slipped
out from under the Constitution and laws,
he repeats, with great unction, that inasmuch
as our Government during the war, in some
sense, ,recognized the belligerent rights of
the South, blockaded her ports, exchanged
prisoners, and treated for peace" we are
estopped frorp denying the doctrine. He in
sists Ithat. the rebellion ultimately grew up
INTO civil war Of such magnitude and length
,s TO eclipse and merge preliminary treason
INTO the higher character Of 0 revelation. He
.Ansrios, With all her boasted love Of freedom
nd hsssa hshts, end with I'll her Difference for