Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1867-07-19

GERR1T SMITH AND THE DOCTRINE OF Urea
soN.-Gerrit Smith has issued a circular in
which he takes issue with Chief Justice Chase,
of the Supreme Court, upon questions of con-
stitutional law He denies that the late war
was prosecuted under authority Of the Constl-
tuition of the United States, but claims, on the
contrary, that it was carried on by Congress
in accordance with the laws OF war, and that
the vanquished party is not IN any sense legal
ly chargeable with treason. Mr.. Smith re-
CARDS the selection Of leaders tor punishment
under the charge Of treason as better suited
to feuda times than to our own, and to a
despot-ruled country than to our own He
says, while pleading for more lenlent treat
ment of the South as the surest road to peace: !:
How sad it is that our country, which claims
to be the most liberal and advanced OF all
countries-the very Pharos Of the worlds
not vet humane enough to feel that the con-
uuered party in civil war has suffered enough
How disheartening to the Republicans OF
Europe is the prospect that, when they shall,
now and then, be worsted in their endeavors
to overthrow despots, those despots will be
able TO quote the authority of enlightened and
liberal America to Justify themselves in hold
ing the conquered republicans to the response
bilites of traitors
"Had our revolutionary fathers failed, and
Washington and Franklin been hung for trea-
son at the close of the civil war, this opinion
of the Chief Justice would cover and justify
the heart-rending and heaven-appalling deed. -
The author Of the circular bases his argu-
ment not only on the plea of justice, but he
fears that persistence in the rigorous policy
marked out by Chief Justice Chase will entail
the dissolution of the Republican party. tie
says:
Our type Of civilization is, indeed, still sadly
low. 1t is, nevertheless, not SO low as to leave
it possible for party to prosper, whose policy
shall be looked upon to be the policy OF cruel
ty."
He gives very satisfactory answer to ques'
tion of the Chief Justice in the following words
The Chief Justice asks: On what sound
principle then can we say judlclally that the
levylng of war ceases to be treason when the
war becomes formidable?' l answer that
when, in any instance, it becomes so formidable
asto induce Congress to take 1T out OF the Ja,
rlsdiction of his court and to bring 1t under toe
law of war, he is then bound to say judicially
that this is an instance of levying war which is
not treason, and With which his court has
therefore nothing to do. ."
We Cali give only one more extract:
''One reason why we should not call men
traitors who are not legally and Justly chargea
bic with treason. is that the traitor is looked
upon as seeking personal and selfish ends, anc
az therefore worthy of our deep adherence
Stonewall Jackson, killing men to serve per
sona ends, and active in rebellious movemen
condemned Of the people, would have been al
athorred and detested nan But Stonewal
jackson, arm and soul in a public cause
living, bathing dying for mihons-is, even ii
our eyes, who regard that cause as bad one
sublime being"
The Lancaster, Pa, Inteigencer says ,ha
short hand reporter named Cochran wa
stationed nv q cnrt,;n HolonoI n 7 Djckey q