Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1867-06-28

can only declare the law. On what
sound principle, then, can we say JuelI=
eially, that the leFFing Of war ceases 10
be treason when the war becomes 4QE-
mIdaBle That though war levied oy
ten men, or one thousand men, Is GER
taizlly tnaasons It is no longer such q hen
levied uw ten thousand, or ten hum
dred thousand that the armed attempts
of a few, attended bY no serious danger
to the, Union and crushed by slight eX-
erdOns efthe public force come unques-
tionably within the constitutional def
initiOn, but attempts by vast com bin
alton, controlling several states, putt
ting great armies in the held, mena cIng
with immediate peril the very life Of
the Republic, and demanding immense
efforts and immense expenditures of
treasure and blood for their defeat and
suppression, swelIed beyond the bOun-
daries of the definition, and become in
noeent in the proportion to their enor-
nifty
"But it is said that this is the doctrine
of the Supreme Court. We think 9TH
erwise.o - The fact that cartels were
made, and prisoners of war exchanged
and that military chiefs are treated,
without the surrender of essential
principles, like foreign foes, are regard
ed by the Chief Justice as concessions
made by the Legislative and Executive
Departments of Government, in the eE-
terest of humanity, to mitigate the vim
dietive passions inf1amed by civil con-
ficts, and prevent the frightful evils of
mutual reprisals. They established no
rights, except during the war.
The Chief Justice then says
ffWhen the strife of arms is over, wise
governments, therefore, exercising still
their political discretion, address them
selves mainly to the work OF cOucilia-
tion and restoration and exert the pre-
rOgatiVe of mercy, rather than that OF
Justice. Complete remission Is usually
extended to large classes by amnesty,
or other exercise of Legislative or Ez-
/ ecutive authority, and individuals not
! included in these classes, with some ex-
/ ceptiOns of the greatest offenders, are
/ absolved Dv pardon, either absolutely
I or upon conditions prescribed by the
1 Government. These principles, com
mon tosall civilized nations, are those
1 which regulated the action Of the Gov
! ernment Of the United States during
} the " ar of the rebellion, and have reg
ulated its action since the rebellion laid
down its arms.
"While hos6ilities were vet fagrant
an act of Congress practically abolish
ed the death penalty for treason subse-
/ quently committed, and another pro
vided a mode in which citizens Of the
] rebel States maintaining a loyal adher-
! sion to the Union, could recover, after
the war, the value OF their captured Cl
abandoned property. The National
! Government has steadily sought to fac
] iIitate restoration with adequate guar
antees of Union, order and civil rights
tOn no occasion, however, and by NJ
act have the United States ever renOun
! ced their constitutional jurisdiction OVel
the whole territory, or over ali the citi-
zens of the Republic, or conceded tC
citizens in arms against their country
/ the character Of alien enemies. or IL
their pretended government the charac
ter of a de fGctO government.
t'Those who engage in rebellion mus
f expect the consequences. If they sue
eeed, rebellion becomes revolution, and
the new government viii justify it,
founders. If they fail, all their act
hostile to the rightfuI government art
violations of law and originate nt
rights which can be recognized by th'
courts of the nation whose authority
and existence have been alike assail
ed"