Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-06-25

kEBELhlOA AND TREASON.
1Inporfant Legal 0pinIOn by Judge
/ Chase-NO state Could Gao 0uf OF the
UniOn-Debts Paid so Confederate
Receivers sfill Die, etc., etc.
The Washington correspondent of the
Cincinnati Commercial, telegraphs on the
Dist as follows:
Chief Justice Chase returned here last
night, and has supplied copy of an i'm
portant opinion which hehas Just delivered
in the United States Circuit Court in North
Carolina, wherein he decided that debts
due to citizens of loyal States are not dis
charged by payment to Rebel receivers. The
Chief Justice elaborates in this opinion his
legal views on the relations of the States
lately is rebellion 10 the United States gov
eminent. He saws that there is no doubt
but that the State of North Carolina, bv
tfie acts Of the Convention of May. 1861:
by the previous acts Of the Governor of the
State; by subsequent acts of all the depart
ments of the State government, and by the
acts Of the people at the elections held after
May, 1861, set aside her State government.
and constitution, connected With tie nation
al constitution and the government of the
United States, and established coustitu.
ton and government set up in hostility to
the United States, and entered upon course
Of active warfare against the national gov
ernment. Nor is there any doubt that by
these acts the practical relstions of North
Carolina to the Union was suspended and
very serious liabilities incurred by those
who were engaged in them - Ro'
But these acts did not effect even for q
moment the separation of North Carolina
from the Union any more than the acts of
an individual who commits grave offenses
against the State by resisting its officers and
defyiDg its authority, can separate him
from the State. Such acts may subject the
offender even to outlawry but can discharge
him from no duty nor relieve him from any
responsibility.
With regard to the repeal of the North
Carolina ordinance of 1889, by which or
dinance she Joined the Union, the Chief
Justice says that no elaborate discussion of
the theoretical question now seems neces-
sary. That question as a practical one, is
at rest, and is not likely to be revived. 1t
Is enough to say here that, in the judgment
of the court, the answer which il has re-
ceived from events is that which the sound
est construction Of the constitution warrants
and requires.
''Nor can we agree" he says, with some
persons distinguished by ability and yir-
tuea, who insisg that when rebellion attaine
the proportions and assumes the character
of civil war, it is purged Of its reasonable
character, and can only be punished by the
defeat of iis armies and disappointment of
its hopes, and the zcalamities incident to
uRsuecessfnl war. oIEEao Ea4 Hts)
The courts have no policy. They can
only declare the law On, what sound
| principle, then, can we say judicially, that
the ievying Of war ceases to be treason
when the war becomes formidable? That
though war levied by ten men or one
Thousand men Is certainly treason, it is no
longer such when levied by ten thousand,
sor ten hundred thousand that the armed
attempts Of few, attended by no serious
danger 10 the Union, and suppressed BY
slight exersions Of the public force, come
unquesiionably within the constitutional
aeiinifien, llnt stfeHpts BY vasf combina-
ton, controlling several States batting
| great armies in the Geld, menacing with
immediate peril the very life Of the repub-
lie, and demanding immense efforts and
immense expenditures of treasure and
blood for their defeat and suppression,
! swelled beyond the boundaries of the def
] nition and become innocent in the proper
l tion to their enormity?
But il is said that this is the doctrine of
the Supreme Court. We think otherwise"
1 The fact that cartels were made, and pris-
oners of war exchanged, and that the
/ military chiefs are treated, without the sur
render of essential principles, like foreign
foes, are regarded by the Chief Justice as
concessions made by the Legislative and
Executive Departments of government, in
j the exercise of political discretion, in the
interests Of humanity, to mitigate the vim
1 dictiye passions inflamed by civil conflicts,
and prevent the frightfnl evils of mutual
reprisals They establish no rights, except
during the war.
The Chief Justice then says:
"When the strife of arms is over, wise
government, therefore, exercising still their
political discretion, address themselves
mainly TO the work of Cancellation and
restoration, and exert the prerogative of
mercy, rather than that of Justice Com
plete remission is usually extended to large
classes by amnesty, or other exercise of
Legislative or Executive authority, and in
dividuals not included in these classes,
with some exceptions of the greatest of
tenders, are absolved by pardon, either alb
solutely or upon conditions prescribed by
the government. These principles COM
mon to all civilized nations, are those which
regulated the action of the government Of
the United States during the war of the re-
Ill - =
the rebellion laid down its arms.
while hostilities were ye. fragrant, an
act of Congress practically abolished the
death penalty for treason subsequently
committed, and another provided mode
in which citizens of the Rebel States main
tanning loyal adhesion to the Union could
recover, after the war, the value Of their
captured or abandoned property. The ma
tionsl government has steadily sought to
facilitate restoration with adequate guaran-
tees of union, order and civil rights.
"On no occasion, however, and by no
act have the United States ever renounced
their constitutional jurisdiction 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 to their pretended govern
ment the character of de facto govern
ment.
"Those who engage in rebellion must
expect the consequences. If they succeed,
REBELLION becomes revolution, and the new
government will Justify its founders. II
they fail, all their acts hostile to the right
fill government are violations Of law and
originate no rights which can be recognized
BY the courts OF the nation whose authority
and existence have been alike assailed.p
RuREAU ORDERS SET ASIDE By A
CIVIL COURT