The Lancaster gazette. [volume] (Lancaster, Ohio) 1863-1886, 1867-06-27
Important Legal Decision.

columbus Journal, ofthe rubstanc
I of the recent decision by Chief Jus
tice Chase, in North Carolina, iu
votvihg the queetion Of the righ
of secession and it's effects, will b,
read with ipteecsts;.
Questions involving he right o
fsecessiop, and the rights and liza
bilitics Of persons in the secedeC
States, were decided a few days
ago in the United States Circuit
Court for -Nortn Carolina, Chic
Justice Chase presiding.
| II will be remembered that i'm
mediately alter thocsmmencement
OF the war, orders were issued by
the rebel authorities forbidding
the payment Of any. debt due to a
Northorn man or other person who
adhered 10 the United States, and
directing the payment of all such
debts TO receivers, for the benefit
of the rehol Government These
orders were rigidly enforced
Throughout the seeded States, and
dObtors OF Northern merchants
showed great alacrity in discharg.
ling their obligations in that man
=. nor. Suit was brought on one OF
these claims, and tho defendant
pleads payment TO tho rebel re.
eeiver in. bar of Judgment.
The decision Of the Court is, that
the payment to the robcl receiver
was unauthorized by law, and is,
therefore, no bar to tho action Of
the rightiul claimant, for the rea.
son that nolther indxjduals nor
communities have a right to plead
their own wrongful acts TO defeat
the iust claims of innocent parties.
In rendering the decision Judge
Chase remarks that the acts OF the
North Carolina Convention in 1861
in passing the ordinance of scecs.
siop, and tho acts OF the Governor,
Legislature, and other departments
OF tho State government, had the
effect of Getting aside the govern.
Inent and constitution of the State,
aud suspcnding her practical reIa.
tions with the Union. Those per.
cone who practically destroyed the
ancient government OF North Car
solina. and placed her in o position Of
hostility TO the United States, in.
CURED serious liabilities in so do
ing.
But all thesc acts, saya the Chief
Justice, were insufficient to effect a
legal separation Of North Carolina
from the Union. She bad no more
right 70 separate herself from the
the General Government than on
individual has to separate himself
from Q State "by resisting its Off
Gers and defying ils authority -
The duties and responsibilities OF
the State and it's citizens are not af.
iected by acts OF unlawful violence,
though the otfcnders may incur
heavy penalties.
Tho practical question of tho
right OF State to seeede, the Court
remarks, wac settled by the events
of the war, and that settlement is in
accordance ptth the SoundeSt con.
Struction Of the Constitution
The doctrine that the huge p,o.
portions Of the rebellion divested
IT Of it's reasonable character is
pulverized and .annihilated by.thie
On that point tho Court
among othor things, says
"Fhe courts have no policy
They can only declare the law -.
On what sound principle, then,
can we say judicially, that the lev,
yinb Of war Ceasea 10 bo treason
whom the war becomes formidablc2
That though war levied BY ten
men men, or one thousand mon, il
certainly treason, 1t 10 no longer
such when levied BY ten thoasand,
or ten hundred thousand that the
armed at.ompts Of few, attended
BY DO scrions danger 10 the Union,
and suppressed by slight oxerlons
Of the public force, como unques.
tionably within tho constitutional
definition, but attempts by Il vast
combination, controlling several
States, putting great armies in the
field, menacing with immediate per.
il the very lito OF tho Republic, and
demanding imncnsc efforts and
immense expenditures Of treasure
and blood for their defeat and snp
preston, swolled beyond the boun.
daries of the definition, and become
innocent in proportion to their
onormiLy?
"But 1t is said that this is the
doctrine Of the Sapreme Court
We think otherwise, Tho fact
that cartels were made, aud prison.
ors Of war exchanged, aud that
The military chiefs are treated,
tho surrender OF essential
principles, like foreign foes, are ro.
,arded by tho Chief Justice as con.
cessions made by tho Legislative
and Executive Departments OF Gov.
'rnment, In the exercise OF poliGi.
,al discretion, in theinterest ofhu.
to mitigate tho vindicuve
passions inilamcd by civil conflicts,
md prevent the irlghtlul evils OF
mutual ropriSals, They establish !
ID no rights, except during The
SNr."
These propositions arc unanswor,
'ble, unless We are prepared - ad.
nit That tho lesser includes the
,reateri and that tho stealing
II a loui Of bread is greater {
oiTcnso than williul murder.
Policy and mercy arc preroga.
ivAa NJ fhn lpUislati1,a ana o,,.,,,,, ,