The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1867-06-25

Expenditures Of treasure and blood for their de-
feat and suppression, swell beyond the bounda
res of 4he definition, and become innocent in the
proportion of their enormity2
But it is said that this is the doctrine of the
Supreme Court. We think otherwise.
la modern times it is the usual practice Of
civilized governments attacked by organized and
formidable rebellion, TO exercise and cencede
belIigerent rights. Instead, under such crcum
stances. Of furnishing rebels when made prisoners
! in war as criminals, they agree on eartels fol-
exchange and make other mutually beneficial
arrangements; and instead Of insisting upon Of
fensive terms and esignations in intercourse
with the civil or military chiefs, treat them, as
far as possible, without surrender Of essential
principles, like foreign foes engaged in regular
warfare.
But these are concessions made by the Legis-
lative and Executive departments of government
in the exercise of political discretion and in the
interest of humanity, to mitigate vindictve pas
sions nfamed BY civil conflicts, and prevent the
frightful evils of mutual rePrisals and retaiations
They establish no rights except during the war
| And it is true that when ceases and the
authority of the regular government is fully re-
established the penalties of violated law are sell
| dom inflicted upon many.
! Wise governments never forget that the Grim
iDaty of individuals is not always or often equal
| to that of the acts committed by the organization
| with which they are connected Many car
ried into rebellion by sincere though mistaken
! convictions; or hurried along by exctements due
! to social and State sympathies, anC even by the
compulsion of public opinion not their own.
When the strife of arms is over such govern
ments, therefore, exercising still their political
discretion, address themselves man y TO the work
of cancellation and restoration and exert the pre-
negative Of mercy rather than that OF Justice
Complete remission is usually extended to large
classes by amnesty or other exercise of legSia-
tive or executive authority. and individuals not
| included in these classes with some exceptions OF
the greatest offenders are abs"lved by pardon,
either absolutely upon conditions prescribed
| by the government.
| These principles. common to all civilized ma
tions, those which regulated the action of the
| Government of the United States during the war
of the rebellion and have regulated its action
since rebellion laid down its arms.
| In some respects the fDrbearance and liberality
! of the nation exceeded all example. While hos
tilities were yet fragrant, one act OF Congress
practically abolished the death penalty for treason
subsequently committed, and another provided
mode in which citizens of rebel States maintain
ing a loyal adhesion to the Union, could recover
after war, the value of their captured or aban-
doned property.
The National Government has steadily sought
to facilitate restoration with adequate guarantees
of union, order and equal rights
| On no occasion, however, and by no act have
the United States renowned their constitu-
tional jurisdiction over the whole territory or
over all the citzens of the Republic, or conceded
| to citizens in against their country the
character of alien enemies. or admitted the exis-
tence of any government, de tactO. within the
boundaries of the Union, hostile TO itself.
| In the Prize Cases the Supreme Court simply
asserted the right of the United States to treat
the insurgents as belligerents, and to claim from
torei gn nations the performance of neutral duties
under the penalties known to international law.
| The decision recognized, also, the fact Of the
exercise and concession of begerent rights, and
affirmed, Il necessary consequence. the propo-
sition that during the all the inhabitants of
the country loyal to the Union enemies
reciprocally each of the other. But there is
nothing in that opinion which gives countenance
| to the doctrine which counsel endravor to deduce
| from it, that the ins1rgeut States by the act of
| rebellion and by levying against the nation
became foreign States, and their inhabitants alien
| enemies
This proposition being denied it must result
that in compelling debtors to pay to receivers.
for the support of the rebellion, debts due to any
citizen of the United States the insurgent author
| tiles committed illegal violence. by which no OBJ
legation of debtors to creditors could be cancelled
or. in any respect. affected.
Nor can the defence in this case derive more
| support from the decisions affirming the validity
of confscati"n during the war for American In
| dependence.
| That war began. doubtless, like the recent
civil war; in rebellion. Had it terminated I'M
successfully. and had English Tribunals subse-
quently affirmed the validity of colonial confSca-
| tion and sequestratnn of British property and of
debts due to British subjects, those decisions
would be in point. No student of international
law or of history needs to be informed how i'm
possible it is that such decisions could have been
! made
Had the recent rebellion proved successful. and
| had the validity of the confScatnns and segues-
| tratiOns actually enforced hy the insurgent
| thorities been afterwards questioned in Confed
| crate Courts. it is not improbable that the dpcis
ions of the State Courts, made during and after
| the revolutionary war. might have been cited
| with approval.
! But it hardly needs remark. that those decisions
were made under circumstances widely differing
! from those which now exist.
| They were made by the Courts of States which
had succeeded in their attempt to sever their
colonial connection with Great Britain. and s,nc
| TONED acts which depended for their validity
wholly upon that success; and can have appii
cation to acts of a rebel self STYLED government
seeking the severance of constitutional relations
OF States to the Union, but defeated in the at
tempt and, itself, broken up and destroyed.
! Those who engaged in rebellion must consider
the consequences. If they succeed. rebellion
becomes revolution; and the new government will
justify Its founders. If they fail. all their acts
hostle to the rightful government, are violations
OF law and originate rights which can be re-
o"gnIzed by the Courts of the Nation whose au-
th"rity and existence have been alike assailed.
we hold, therefore. that compulsory payment,
under the S"que straton acts, the rebel receiver
| of the debt due to the plaintiffs from the defen-
| dant. no discharge.
1t is claimed, however. that whatever NAV be
the right of the plaintiffs to recover the prnoina,
debt from the defendant, they cannot recover in