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

Of the acts committed by the organ
= ization with which they are connect
ed. Many are carriedinto rebellion
by sincere though mistaken conyic-
tions; or hurried along by excite
ments due to social and State sym
pathies, and even by the compulsion
Of a public opinion not their own,
When the strife Of arms is over,
such governments, therefore, eXer-
: cising still theirpoltical discretion,
address themselves mainly to the
work Of Cancellation and restora-
ton, and address the prerogatiye Of
mercy, rather than that Of justice
/ Complete submission is usually ex-
tended to large classes by amnesty
or other exercise Of legislative or
executive authority, and individuals
not included in these classes, with
some exceptions Of the greatest Of.
Tenders, are absolved by pardon, eli
tier absolutely or upon conditions
prescribed by the Government.
These principles, common to all
civilized nations, are those which
regulated the action of the Govern
ment 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 forbearance
and liberality of the nation exceed
ed all example While hostiIities
were yet fragrant, one act Of Con
gress practically abolished the death |
penalty for treason subsequently
committed, ard another provided a
mode in which citizens Of rebel .
States, maintaining aloyal adhesion
to the Union, could recover, after
war, the value Of their captured orr
abandoned property.
The National Government has
steadily sought to facilitate restora,
ton with adequate guarantees Of
union, order and equal rights.
On no occasion, however, and by .
no act have the United States ever
renounced their constitutional juris- |
diction over the whole territory or
over all the citizens of the republic, .
or conceded to citizens in arms
against their country the character
Of alien enemies, or admitted the ex-
istence any government, de focto,
within the boundaries Of the Union,
hostile to itself.
In prize cases, the Supreme Cout
simply asserted the right of the
United States to treat the insurgents
as belligerents, and to claim from
foreign 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
belligerent rights, and affirmed, as
a necessary consequence the propo-
sition that during the war all the
inhabitants Of the country controll-
ed by the rebellion, and all Of the
inhabitants Of the country loyal to
the Union, were enemies recipro-
cally, each Of the other. But there
is nothing in that opinion which
gives countenance to the doctrine
which counsel endeavor to deduce
from it, that the insurgent States,
by the act of rebellion, and by levy
ing war against the nation, became
foreign States, and their inhabitants
alien enemies.
This proposition being denied, it
must result that in compelling debt
ors to pay to receivers, for the sup
port of the rebellion, debts due to
any citizen of the United States, the
authorities committed il
legal violence, by which no obliga-
tions of debtors to creditors could
be cancelled, or in any respect af-
fected.
Nor can the defense in this case
derive more support from the dccis,
ions affirming the validity of conGs-
cations during the war for American
Independence.
That war began, doubtless, like
the recent civil war, in rebellion.
Had it terminated unsuccessfully,
and had English Tribunals subse- {
1uently affirmed the validity of col {
onial confscation and sequestration l
of British property and debts due d
to British subjects, those decisions {
would be in point, No student Of !
law or Of history needs
to be informed how impossible it is I
hat such decisions could have been ]
made S
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