Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-05-28
WAS SECESSION TREASON OR RI
BELLgON:

As We all know, the first engagement
between the British and Americans, in
the Revolutionary war, was that Of Lex
ington. on the 18th Of April, l775. On
the 4th Of July, I776, the Colonies de-
clsred themselves independent; and
soon after an Act Of Parliament was
passed. prohibiting all trade and inter-
course with the American Colonies in
rebellion. OF this Act, Sir JAMES MAR
RIOT, Judge Of the High Court Of Ad-
miralty, said, in The Rebeccd, / HAY d
MARRIOTT, 212: cit is very true, the
Prohibitory Act is q very severe one. 1t
was meant IN ~tcrr0re0a, and it was eX-
pected to have had a happier effect, to
produce submission; it unfortunately
produced an increased resistance. The
declared independence Of the Amer
lean Congress took the first lead,
and gave birth to a law here,
that Carried nth q an actual at
tainder of all the enumerated Colonies
IN rebellion. The effects Of all the in
habitants, without distinction, and their
ships going 70 and from thence, wero de-
c1ared c0nfscd5le as the goods Of open
eloHies." That is, that was then done
by act Of parliament, which in the
United States was done, in 1862, by de-
cision Of the Supreme Court OF the United
States, without any act Of Congress.
There was a recognized war between
England and the Colonies, but no Eng
Iish Court or Judge was found TO hint,
even, that by the mere effect Of that
state Of war, all persons domiciled in the
Colonies were enemies, and their prop
erty liable to capture and confiscable.
That was 3 stretch Of extravaganza
which, in England, would have created
serious doubts OF the sanity Of the Judge
80 p~ronouneing.
On the contrary, an Act Of Parliament
wa deemed necessary to effect so great
an injustice; and Sir JAMES went on to
say,-speaking Of the debate oil the Act {:
at was said that nothing could be more
unjust than to confound the innocent
and the guilty. 1t was replied that it
was impossible 10 make distinction; that
in the government OF the moral and
natural world, the just ruler Of the Uni
verse suffered storms and lightning 70
fall equally on the good man and on the
sinner; the end justified the means, and
the sufferers must turn their resentment
upon those men who are the causes Of
their misfortunes."
In The Dickinson, 1 Hay & Nqrriot
20, the Kings Advocate said, Of this act f;
al said the act was a bill Of attainder in
its operation, call it what you viii in its
title: because II i~nUolUcs al The inhdJjt-
ants Of the rebeHi0Us colonies IN penalties
Of forfeiture for the crime Of many. 1t
was so understood both by administra-
tion who defended it, and by those per-
cons who opposed it, in the House Of
Commons. One party said it was unjust
aud inhuman; the other said it was
necessary, and that distinctions in the
moral and natural world were in many
cases in this life impossible, till Provi-
denee shall close the whole, and discover
the great end OF all things. That the
Snpoeent had q remedy to form counter
a~gsociations; they must rise against the
authors Of their calamities."
In England, this sttainder' was
eFeeted BY an extraordinary act Of Par
lament. Here" the Kings Advocate
aid in the case last cited, "anew crime
a. declared. aaeD lar Is made, new pro-
aaodinps must be had, Of course, to carry
MO execution, unless we mean TO en-
.a-rss government, and add TO tie
Johnston. 1t is saying in some Civil
,.v hooks, very just, Mtaatis hoHatai6~s
- obssat nltaari seutontiis! Change
IL state Of men and the laws, and their
,ao,sions must change with them. In
.sber words, new men, new measures
-, ,,rincipgss, new consequences"
ra,o act OF Parliament expressly en-
"a tbataI the ships and goods Of the
M. h,tants of the rebelliOus Colonies
.bouIo ,eeome forfeited to the King, and
,aded Faxff the same were the goods Of
men enemies, and shall be so adjudged,
,semed and taken in al Courts of Adj
Again, on this, the King