St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1867-07-05
.aSS.rv The uueStiOn rs

likely to be revived. 1t is enough 10 say
here that, in our Judgment, the answer
which it has received from events l. that
which the soundtSt construction of the
constitution warrants and requires. Nor
can we agree with some persons, diStln-
guished by abilities and virtues, who IN
sist that when rebellion attains the pro-
portions and assumes the character of
civil war it is purged of its reasonable
character, and can only be punished 10y
the defeat of lis armies, the disappoint-
ment of its hopes, and the calamities in
cident to unsuccessful war.
Courts have 10 policy They can
only declare the law. On what sound
principle, then, can we say Judlciallv
that the lcrvin@ of war ceases TO lie
treason when the war becomes formld
able That. though war levied by 10
men or 1000 men is certainly treason,
it is no longer such when levied by TO-
900 or 100000 That the armed At
tempts of few. attended 10y no serious
danger to the Union and suppressed by
slight exertions of the public force, come
unquestionably within the constitutional
definition; but attempts by vast COM
bination, controlling several states. put
ting great armies in the field, menacing
with eminent peril the very life OF the re-
pubic, and demanding Immense efforts
and immense expenditures OF treasure
and blood for their defeat and suppress
sion, swell beyond the boundaries OF
the definition. and become innocent in
the proportion of their enorlnity
but it is said that this is the doc
trne of the supreme court. We think
otherwise In modern times it is the
usual practice Of civilized governments
attacked by organized and formidable
rebellion to exercise and concede belli-
gerent rights. Instead OF Furnishing rebels.
when made prisoners i'll war. a. crimi-
mails, they agree on carelS for exchange.
and make other mutually beneficial ar
engagements and, instead of insisting
! upon offensive terms and designations IN
intercourse with the civil or military
/ chiefs. treat them. a. far IL possible,
without surrender OF essential principles.
like foreign foes. engaged in regular war
fare But these are concessions made
/ by the legislative and executive depart
mcnt~ OF government, i'll tho exercise of
political discretion and in the interest of
humanity. 10 mitigate yindictivc passions
/ iniiamrd by civil conflicts, and prevent
trighttul evils of mutual repri>al- and re-
taliationS They establish no rights cx-
ccpt durin" the war
1T is true that when war ccasc.. and
the authority OF the regular government
is fully rc-e>tablishcd, the penalties OF
violated law are seldom inflicted upon
the many. Wise governments never for
get that the crimlnaIity of individuals i
not ALWAYS or often equal t" thai OF Tho
acts committed bv the organizations with
which they are connected. NAM are
carried into rebellion bv sincere though
mistaken convictions. or hurried along
hv cNcitcmcntS due 10 >ocial and state
>ynpathirs, and even Ey the compul>ion
Of 4 public opinion not their OWN. When
the strife of arms /, over. such govern
im,nl-. therefore. exercising still their
political discretion, address themselves
MAINLY 10 the work OF Cancellation ami
restoration. and exert the prrrogative OF
mercy rather than that Of justice CJm-
p!cte remission is usually extended IL
large CLASSES lay amnesty. or other cA-
crci>es OF legislative or executive au!h"ri-
II and individuals not included in thee.
CLASSES. with some exceptions OF til,
greatest offenders. are ah>olvri 10y par
don. either absolutely or upon conditions
prescribed 10y the government.
- Tlc-c principles, common TO III
civilized nations. are those which r,."u-
lated the action of the government; OF the
milcd States during the war OF the r.
hclliun. and have regulated lis action
since rebellion laid down lis arms. In
some respects, the torbcarance AMI libcr-
alitv OF the nation exceeded all example
While ho>tilitie> were Vet iia.r;Int. one
act OF Congress practically abolished I'll,
death penalty Tor treason subsequently
committed. and another provided Il mode
IN which citizens OF rebel STATES maintain
IN Il loval adhesion to the mon could
recover, after the WAY. the value OF thcii
captured or abandoned property. The
National Government las steadily
sought 10 facilitate restoration with ade-
qu;ste guarantees OF union. order and civil
r.yhts.
'On no occasion, however, and hy ne
act. have the nitcd States ever renowned
their constitutional jurisdiction over tho
whole territory, Or over all the ritizen-
of the republic, or conceded 10 citizens in
arms against their country the character
. OF alien enemies. or 10 their pretended
government the character of de jdcto
government In tine prize cases the
supreme court simply asserted the right
OF the United States to treat insurgents
H. belli gerents, and to claim from foreign
nations the performance OF neutral duties
under the penalties known TO internal
. tional law. The decision recognized.
also. the fact of the exercise and conce>-
sion of belligerent rights, and affirmed,
as Il necessary consequence, the PROPOSE
. ton that during the war all the inhabi-
tants OF the country loyal to the mon.
were enemies reciprocally each of the
other. But there Is nothing in that
opinion which .ives coumtenance 10 the
doctrine which counsel endcavor to de
duce from 1t: that the inSurncnt states.
by the act of rebellion. and by lcvyin@
war against the nation. became foreign
states. and their inhabitants alien enc
mics"
: This common-scnsc exposition of tho
law by the highest judicial authority in