Fayette County herald. [volume] (Washington [Washington Court House], Fayette County, O. [Ohio]) 1860-1???, 1867-07-04


, acts, brings these acts in conspicu
Gus relief as being always, and il
, essence, reasonable.
War, therefore, levied againstth
United States by citizens ofthe Re
public under the pretended authori
ty Of the new State government 0
North Carolina, or Of the so callet
| Confederate government, which as
sumed the title Of the "Confederat
NStaes," was treason against tn
United States,
1t has been supposed, by somo
strcnuously maintained, that thu
North Carolina ordinance of 1861
which purported to repeal thu
North Carolina Ordinance of 1889
by which the Constitution of thu
United States was ratified, and tC
repeal, also, all subsequent acts by
which the assent Of North Caroline
was given to amendments of the
/ Constitution, did in fact repeal thai
ordinance and those acts, and there.
by absolved the people Of the State
from all obligations as citizens Of
the United States, and made it i'm.
possible to commit treason by lev
ying war rgainst the National Gov
ernment
No elaborate discussion Of the
theoretical question thus presented
seems now to be necessary. That
question, as a practical one, is at
rest, and is not likely to berevived.
1t is enough to say here, in our
Judgment, the answer which it has
received from events is that which
the soundest construction of the
Constitution warrants and requires.
Nor can we agree with some per-
sons, distinguished by abilities and
virtues, who insist when rebellion
attains the proportions and as
sumes the character of civil war, it
is purged Of its reasonable charac-
ter and can only bepunished by the
defeat of its armies, the disappoint-
ment of its hopes, and the calami-
ties incident to unsuccessful war.
Courts have no policy, and can
exercise no political powers. They
can only declare the law. On what
sound political principle, then can
we say judicially that the levying
of war ceases to be treason when
the war becomes formidable? ? That
war levied by ten men or ten hun
dred, is certainly treason, but is no
longer such when levied by ten
thousand or ten hundred thousand; /;
that the armed attempts Of a few,
attended by no serious danger to
the Union, and suppressed by
slight excrtions Of the public force,
come, unquestionably, within the
definition, but at
tempts by vast combination, CON
trolling several States, putting
great armies in the field, menacing
with imminent peril the very life of
the Republic, and demanding i'm
mense efforts and immense eXpendi-
lures Of treasure and blood for
their defeat and suppression, swell
beyond the boundaries Of the def
milton, and become innocent in the
proportion of their enormity?
But it is said that this is the doc
5rine of the Supreme Court. We
.hink otherwise.
In modern times it is the usual
practice Of civilized governments
by organized and formida
ole rebellion, to exercise and con
2ede beli9erentrights Instead, un-
Ter such circumstances, Of punish
inc rebels when made prisoners in
war as criminals, they agreed on
,artels for exchange and make 9th
er mutually beneficial arrangements; ;
and, instead Of insisting upon often
5ive terms and designations in in
,ercourse with the civil or military
treat them, as far as posi-
Die, without surrender of essential
like foreign foes engag-
I'd in regular warfare,
But these are concessions made
oy the Legislature and Executive
departments of government in the
exercise of political discretion and
n the interests Of humanity, to nit
gate vindictive passions inaamed
~ civil conflicts, and prevent the
rightful evils of mutual reprisals
md retaliations. They establish no
lights except during the war.
And it is true that when war ceas-
IS, and the authority Of the regular