Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-06-28

@~ A."--@ 49, 1880 49, @H
justice says that no elaborate discussion
Of the theoretical question thus pre-
scented seems now 10 be necessary that
the question, as q practical enc, is at rest,
and is not likely 90 be renewed. It is
enough to say here, that, in the opinion
Of the court, the answer which it has
received from events is that which the
sOundest construction OF the constitution
warrants and requires. Nor can We.
agree, he says, with some persons dis
tinguished by abilities and virtues, who
insist that when rebellion attaiEs the
proportions and assumes the character Of
civil war, it is purged OF It's reasonable
character, and can only be punished by
the defeat Of its armies, the disap-
pointment Of its hopes, and the csiami-
ties incident to unsuccessful war.
Courts have no p5licy they can
only declare the law On what sound
principles, then, can We say, judieially,
that the levying Of war ceases TO be 5rea-
son when the war becomes formidable?
that, though war levied by ten men OF
one thousand is certainly treason, it Is no
longer such when levied by ten thou
sand or one miIlOu2 that the armed at
tempts OF 5 few, attended by nO serious
danger TO the unigu, and suppressed by
slight eXertiOns Of the public force, come
unOTesaOnably within the constitutional
definition but that attempts By vast
combinations, controlling several STATES,
putting great armies Ia me neIdi mehac-
ing with eminent peril the very NE OF
the republic, and demanding immense
efforts and immense expenditures OF
treasure and blood for their defeat ana
suppression, swell beyond the boundaries
Of the definition and become innocent IN
the proportion Of their enOrmity? But
il is said that this is the doctrine or the
supreme court. We think otherwise.
Ihe fact that csrteIs are made and prlsO-
neTs of war exchanged, and that the
military chiefs are treated without sur
render Of essential principles, like for
eign foes, are regarded Uv the Chief JUS
tiee as concessions made icy the leElsi2-
tive and executive departments Of the
government in the exercise of political
discretion, in the interest OF humanity,
to mitigate passions infamed by civil
conflicts, and 70 prevent the frightful
evils Of mutual reprIsais aaI relations
They establish no rights, except dg-
ring the war.
The chief justice then says Wien the
strife Of arms il ever, wise governments,
therefore, exercising stl their political
discretion, address themselves mainly TO
( the work of Cancellation and HsteTatiOD,
and exert the prerogaIive of mercy rather
I than that Of ju>JIce. Complete remission
is usually extended to large classes by
amnesty OF other exercise of legislative
or executive authority, and individuals
not included ina these classes, with s0Ne
exceptions of tine greatest offenders are
| absOlved by parQun-eILher absolutely or
I upon conditions prescribed by the gov
/ eminent These principles, common to.
] 81 -s-sH.-.u n.aH--- A=. HLaHHn -Nr"Hhr ~HHTH
lated the action q the United states
during the war Of the rebellion and have
/ regulated its action since the rebellion
laid down its arms, and while hostilties
were vet fragrant on account Of it. Con
I gress practically abolished the death
penalty for treason, and subsequently
provided 2 mode in which clti-
Zens OF rebel states, maintaining q
loyal adhesion to see union, could re-
cover, after the war, the g2tue OF their
captured or abandoned property. +he
national government has steadily sought
TO faeiIitate restoration, with adequate
guarantees OF union, order and civil
rights. On 10 OCCASION however, ana
by no act, have the United states ever
renOunced their constitutional JuEl-4lC-
ton over the whole territory or over al
the citizens Of the republic, or conceded
10 ElLLEELH III al LAE AEAAAe- --NAA -aA+-a
the.charaeter Ofalieu enemies, or 20 their
pretended government the character of
a de faetO government. Those who en-
gage IN rebellion must expect the couse-
dueaces. If they succeed, rebellion be-
comes revolution, and Jhe new govern
ment viii Justify its founders n they
fail, al their acts hostileA the rigltfut
government sre violation and
originate no rights which kthe a
nized by the cOurbSs pond
authority and existence .
assailed.
Every one knew, Of cc4sss, wbatN ~
Chief Justice CHASE would decide, just
as they know what THAD. STEVENS
would decide about c~oDdscation, if he
were appointed Judge tomorrow. The
opinions Of political paFtizsns, deciding
political questions. only bring the judi
ciary into d~isrepute. such an opinion is
not worth the paper it is written on.
CHASE was q tolerabie lawyer, in no way
very eminent, but still more, iUtUs Ct "a
cute, to the very core Of his soul, an IN
priucipled politician. When the fugitive
slave law was odious to Ohio, he was an
ultra State-rights man, ready to engage
in armed opposition, IL necessary, TO the
execution Of 8 law Of the United states
though then Governor Of Ohio, and
sworn to support the Constitution Of the
United States. He made a very COM
monplace aud mediocre Senator, and 3
very ordinary Secretary Of the Treasury,
His appointment to the Office Of Chief
Justice was an outrage, when there were
a thousand jurists Of greater ability, rep
utation and learning in the Northern
States. Soon after hg was appointed he
disgraced the ermine he wore by going
about and making pagtizan speeches,
committing himself to the very decision
he has now made.
1t is this very evil, of putting parti-
zans, Of known political and f~actious
principles and preconceptions, on the
Supreme Bench, that has destroyed the
value and influence of that court, 50
that its decisions ON political questions
are simply worthless, and for the most
part rather the arguments and special
pleadings Of interested advocates, than
the announcement Of Judicial conelu-
siOns.
Three-fourths Of the opinion, the sub
stance of which is given above, and es-
peeialiy that portion Of it in respect
10 civil war not ceasing to be treason,
had nothing whatever to do with the
case before the court, and are simply a
stump speech made ny SALMON p.
CHASE on the Bench. lie had evidently
gotten the haraugBe ready for the first
opportunity to discharge it, and it was a
matter Of no great consideration to him
whether it fitted the case or not.
Republican government is 3 failure
every way but e is especially so as to
the Judicial Department, by far the most
important Of 81 to the people. Give a
people upright and Independent Courts,
and o form Of governments is as good
as another. With these, even Amcricon
republicanism might be tOlerable, with
its relationships Of q vain, Inflated, inso-
lent, unprineipled press; dishonesty ia
all public ahairs, and ina stock gambling, |
banking, and speculation subseryieney
Of the press and public men to the popu-
lar caprice the nonsense Of the popu-
lace governing; and ~raseality, eorFup-
ton, folly, malice and hatred making
laws.
Nobody looks now to the Judiciary to
learn what the truth IL in regard to any
uuaeHfon urhotavar Nth rvhsah ,ao9iff- 3
cal considerations are connected. The
Courts are rapidly becoming mischievous
and despicable, and SO soon as Radical
ism puts Two or three more Of its minions
on the Bench Of the Supreme Court Of
the United States, that court viii become
a public nuisance and . public curse, as
its Chief Justice already is. A dishonest