New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-07-04
TREASON IN CIVIL WAR;


s aa ss e 5 DSSes tS TO III nS Rq9
the Affirmative By ignorance aud Pa'soaPelAP also by wisdom aud
| calm judgment"
SIR: The foregoing is made the basis of an article
IN TRIBUNE OF the nth nst the tenor Of which is
TO the effect that treason when IL reaches the magnitude
Of civil is beyond the pale ofhuman law and exempt
from the punishments prescribed thereby Webster Mar
shalt and yatcl are cted in support Of this conouson
Daniel webster In his LAYING OF Bunker
Hill Monument The battle Of Buaker lh was attended with the
most important effects beyond It's mme result as military engage
51gg question Cprooesing Gglits hiua gu Of
or REBELLION That fearful crisis past The appeal now lay to the
so and The OIL Question Va Whether the P aud me resources
And these words'arc again referred tOn your issue Of
June g. But these disconnected remarks Of Mr. Webster
merely abiding TO question important, and
over so foreign TO the subject of his address have per.
haps little cogenoy. But whatever force they might
have had is taken away by the fact that Mr. Webster
referred only to the treatment Of the insurgents while
hostties continued. For he says THAT fearful crisis"
of doubt whether they would be tried traitors the
spot or treated as prisoners Of war; past" but the
question remained whether the spirit and resources Of
the people would hold OUT &C. What course OF treat
ment IL would have been proper pursue in the
spirit of the people had not 30 held oat hrWeDster nap
ply for ancestors had no occasion 10 consider Ihat
Chief Justice Marshall also refers TO the OF
Quoting hOStcS appears from the TACT that MS com
ment was upon treatment OF the American prisoners
and the Imprisonment OF nOn-belligerens within the
British lines during time OF actual war. Against TINS ar
rest and incarceration of civilians 10 that Washing
ton threatened To retaae as violation OF the laws or
no the same effect is the somewhat lengthy exception
from Nattel. But with the manner OF conducting war
have nothing 60 do but only 10 consider the treat
ment dine t unsuccessful beligeres in civil war after
cessation OF hostites Between evil WAL and rebellion
Vattel makes Distinction IN that the former Is under
taken for reason and the latter for none Bat as
there Is always WIDE difference OF opinion on that point
between the sovereign power ana the rebel ana no I'M
partial Judge to decide all rebeons virtually civil
n
the sovereign is longer ObeYed" The magnitude Of
tbe attempt then seems 10 be the only difference be-
tween treason and civil The difference is not in
kind but in degree and 50 Il should be In the matter OF
the punishment What says Natte on the subject OF pun
ishnentl Take THE TRBUSEs own quotation, with the
context subjects rising against their Prince without
cause deserve punishment yet here the number
of denquents calls for the soveregns clemency Shall
he dcpOpulac city, or desoate province IN Furnishing
ITSELF becomes a cruelty when extended to great
number OF persons. Crimes common to many
are punished by penalties common to the guilty The
sovereign may deprive torn OF IFS privileges, at least ill
IL has Juy acknowledged Us fH As for penalties let
them be reserved forte authors OF the troubles for those
ncendiares which iHcite the people 10 revolt Lest II
may he said that the foregoing applies to small sectional
upsngs read what follows in the same chapter After
speaking OF civil war between two Independent parties
in which the common laws Of wax have been observed, he
says: ,,,..,
as Rebels the opposite party reprsals' 80 Should
he burn and toy 9sy would o9T n% rs%Pe he war will be-
p.lty think. has right the Sovereign fluids itself
the between two different uations'
But, he continues;
"A Sovereign haoiHg conquered the opposite party and reduced to
submit peace from the amnesty the authors
troubles and the heads Of the party bring them legal trial.
punish them He especially act thus with regard
disturbances raised much o. TIE peoples interest
Drtrd and which rather deserve the
pellaton o. rebellion than Of civil war"
The weight OF Vaels authority would SEEM therefore
TO be the side OF punishment for ut least the leaders OF
Instruction OF whatever magnitude and what are the
dictates of experience analogy andreasorr History FUR
nishes instance $50 far as we know or suppressed
rebellion civil war; whereof the unsuccessful leaders
have not had plenary aud exemplary punishment melted
out them. The OF 10000 conquered patriots
by Alya beheaded king Sepoys blown from the lannon's
mouth aud insurgents in the OF grace 1851 condemned
10 be hanged drawn and quartered and their bodies 10
be disposed of to the Queen and her council sa seem
meet show the established practice OfaRes Again. tne
crime il not changed by It's magnitude Inc treason OF
nm Individual is punishable why not that OF many
Humanity and common declare the nexpedlehcy
of Furnishing ALL while analogy teaches that as IN piot
ca6os and mutines, In civil wars therlhBleauis ar
10 undergo the penalties of law But the simple anu
underlying reason why sovereign power may
and onyht 10 inv aud punish It's defeated rebellous ad
versrios for treason springs from the law
tOu a.. A.. .ur, ooas ation bas
en- constitution the seeds Of us own uestrueuon anu
Without vitality but wherein Is that one De.er h W
,rovea no means for It's own protection puhsnene
W. tho.e who seek " overthrow ~ stable govern