New-York tribune., 1867-06-22

ChAhLESION, .. u, june ~,
TO he Adjptant General Of he Army Vac Department.
Washington, d. a.: tDt
have tine honor to request that may be relieved frnn
command ia this Military District. and respectfully
demand Court OF Inquiry upon MY official actions that
may yndcate myself from the accusation OF the Ator
ney General ublishcd ii is presumed with the approval
O, the President Congress having declared these 40
called State Governments illegal the declaration VI The
Attorney General that military authority has not super
cedcd them prevents the execution OF the Reconstruction
acts disarms OF 10 protect c property or thu
rights of ctzens all interests these s,ses
with ruin ID. Il. sIcKLis, Y
MajorGeneral Commanding
Official: J. ". Clous, Capt and A. A.AG.
DECISION OF CHIEF-JUSTICE CHASE.
DEBTS TO CITIZENS OF LOYAL STAYS NOT pJs
CHARGED BY PAYMENT UNDER TIE REBEL az
QUEsTRATION ACT-RELATIONs Oh TIE RYBYI
STATES TO THE GOVERNMENT.
On Monday morning Last, in the Circuit Court Of
the United States, Mt Raleigh North Carolina Chief.
Justice Chase delivered the opinion which print below
The DstrictJudge, Brooks, native North CaroliniaD
fully concurrcd. The sbortridge & Co. sr
Macon. .
This IS an action for the recovery OF the amount Of
pronissory note with interest There is question OF
the liability the defendant to the demand OF the plain
t unless he s excused by coerced payment OF the note
sued upon under an act Of the sefstyed Confederate
Congress passed August 80 1861 entitled An act for the
OF the estates OF alien enemies" and an
amendatory passed February l5 admitted
that the plaintiffs citizens OF Pennsylvania tn at
the defendant was citizen OF North Carolina that the
note sued upon made by the defendant to the plain
tis and that the defendant was compelled by proceed
mos instituted m the Courts OF the socalled Cofeerata
states to pay the due upon it to the receiver ap
Wpon these facts it is insisted that the defendant ia
tOnf
de that the citizens OF the states which
did recognize s authority were aliens and IN time
Of war alien enemies that, consequently the acts OF
valid acts; and therefore, that pay
ment 10 Confederate agent Of debts dus & TO such such
relieved the debtors from all obligations 10 me original
ns eepdsn rH ey ntls the Of the supreme
Court Of United States 10 the enect that the iafe
Rebellion was civil war IN dGe v pro q which
and accorded TO the armed forces Of the Rebel
Copfcderacy and upon the decisions OF te STATE courts
Independence which affirmed the validity of confiscs.
tons and sequesraons dscreed against @ the p53pe OF
Colonies States hostile to the United Colonies or United
Bnt these decisions do not, in Judgment. sustain
the propositions in support Of which they are cited
acts of the convention Of May 1857 by the previous acts
OF the Governor OF the State; BY subsequent acts OF all
acts o the people at the elections held after May 1861
set aside State Government and Constitution con-
nected under the national Constitution with the Gov.
ernment OF the United states and established Constu.
tion and Government connected with another pretended
Government SET up ~ no actys warfare AGAINST the N
tiona Government. Nor Is there any doubt that, Dy
these acts. the prae relations Oh Sortn onr9a 70 tne
CURED by those who were engaged IN tnein ut tnese
Acts G moi from the Wnon any more than the acts
Of an individual who commits grave onenses against tne
state by resisting its officers aud defyiDg Its authority
can separate him the state. Such acts may subject
the offender even TO outawry but can discliaIge MIA
| from no duty relieve him from any responsunty
4 Tha Nafin
against the United States shall consist only In levying
war AGAINST m them o m be Word U on WAS used 70
exclude from the criminal jurisprudence OF the new Re
use however while limiting the definition 70 plain overt
acts. brings these acts into conspicuous TeeL as oene
csa against the United states by citizens OF the Re-
public under the pretended authority OF the new State
government OF North Carolina or the new central gov
yn,rent which assumed the title of the Confederate
| states" was treason against the United states.
,sned thar the North Carolina ordinance OF 1861 which
nnrported 10 repeal the North Car0la ordinance 7s
9sd and to repeal also all subsequent acts by which tho
assent North Carolina was given to OF tne
scts and thereby absoved the people Of the state from
nil Obligation as citizens Of the United states. and made
The National Government No elaborate discussion Of
the theoretical question thus presented seems now 10 90
a dS ~ he revIyed II is enough TO say here
that in dgment the answer which II mas reeeVeI 20
from events is that which the soundest construction OF
rrc With somc persons distinguished by abilities and
yao ss e st character Of civil war; It aed
- II, treasonable character and only be ruYseedb by
the defeat q IT, ss ne to war
Courts have no policy. They can only declare inc law.
ON what sound principle then we say ba Nor I'm. h
comes formidable That. though war leyled Dy 10 men
S n 10 oo or OooocO That the armed attempts OF
a few ate nied by serious danger TO the bhon anu
uressed by slight exertions OF the public fore come
within the Constitutional definition but
attempts by a vast combination controiliilg se,erai
States putting great armies in the Held menacing vim
"n,n.pt nerl the very life OF the Republic and de.
mandng immense efforts and Immense eApehatures ~
,asre and blood for their defeat and suppression sven
nynnd ,he boundaries Of the definition and become in
nocent In the proportion OF their enormlty A., s.,
& but II Wc Il sd tbiu fas ",herwise In times h : the
usual practice of civilized governments attacheu @ =!
6eligerent rights Instead of furnishing rebels Wien ,
made prisoners in as erlnIa ,ney ae,es ~ ar
for exchange and make other mutually Denensiai az
rongemants. and instead of insisting upon offensive
terms and designations In intercourse WIN Io t c. ~
military chiefs treat them, AS far a. possible wtnous
surrender of essential principles like foreign Toes en-
gagged In regular warfare. But these are CONCESSIONS
aae S nG IN te exercise Of political discretion and in
the OF humanity to mitigate .ihacvS %
of mutual reprisas and retaliaons They estapEsh no
rights except during the war -, ,, o,,. ., ,,.
regular toyernrn is fully Gstablished the penalties OF
violated law seldom inflicted upon tle many NJ"
nails Is moi always or often equal Ia that oi te acts co
mttcd by the organizations with when tey are %
81 MANY are carried into rebellion by sincere thongu
wstaken ,onyctions or hurried along by exeitements
due 10 social sympathies and even by me CON- %
nnsion of a public opinion not their own Wheh ,ho
ri, AZ arms i over such Governments, Therefore eher
csng still their political discretion ades, onS
mninIy Ia the work Of eonciation 0d festoiaton aha
exert The prerogatye Of mercy rather than that o
Complete remission usually eStendedt 70 large
amnesty or other exercise OF legislative or execuse hu
thority: and ind, iduals not included IN tnese cls,
with exceptions of the greatest onehuenS; %
absolycd by PARDON either absolutely OF upon Co''o3
prcscribedby the Government . ,,, .,o,. ars
These principles common TO all civilized nations, s
,bose which regulated the action OF the Goyern.ento
the United States during the war OF the keeeio ~" w.
have regulated its action since Rebellion laid down M
arms In some respects, the forbearance ana hpery
r,ntinn exceeded all eNnInple. Whlle hosAl1cs