Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-05-30
WAS SECESSION TREASON AND RE
nEn

BELLTOE2
The Supreme Court Of the United
States, as our readers have seen, by six
Judges against four, in the Prize Cases,
in 2d Black, and Mrs. Aler1ndeT'S Cot
ton, in "a Wallace, attempted, rather by
assertion than by argument and reason,
TO legitimate certain consequences ofthe
exercise by the Southern States Of their
powers Of sovereignty and Of their right
to Withdraw from the Union, without at
the same time admitting that right, or
recognizing the plenitude Of that owe
reignty. They do not admit the right Of
q State to secede. They deny it. They
do not admit that these States acted SIS
States in the adoption OF the measures
that led to the war, and in making the
war and yet they hold all their inhsb-
itants responsible for all that action, as
parties to it, the loyal and rebelIious
alike, and declare them all to be traitors
in the eye of the law. How could the
act OF the STATE make loyal men, who
did not consent to It, traitors? II all
the inhabitants were enemies alike, all
alike parties to the law, how could any
Of them be guilty Of treason ? They
could not, unless all were so, which
would be a horrible proposition. II the
act Of the State made all Of them
enemies, it is very clear that none of
them were traitors; for il could not
make them so, if they owed a higher or
supreme allegiance to the United States.
The act Of the State could only be the
act Of all, upon the hypothesis that it
was not prohibited by any superior
power, and that it was valid and not
null and void for want of power.
Very grave consequences and singular
conclusions Cow from this decision Of
the Court.
If the act Of the State was the act Of all
her citizens, and they therefore were all
enemies Of the United States, in law, the
State hsd the power to secede, and exer-
cised it, and did cease TO be a member of
the Union. Whether she had the moral
right to do il, or not, she did do it.
II all the citizens Of the State were
parties to her action in seeding, and
sparties 10 the war carried on by her after
ward, those were traitors to their State
who took up arms against her, OF gave
aid and comfort to the United States.
r. upon the instruction charging 10
the dimensions Of a war, all the Union
men in the seeding States became enc
mics, and parties to the action of their
States, those who had been such, and
were opposed to Secession, were perfectly
justifable IN determining to adhere TO |
their States and share their fortunes.
What other option was left to them ?
Nine-tenths Of the leaders Of the Confed-
eracy, in the field and in council, and
who stin remain u~npsrdoned, were
Union men, who scquiesced in what
they could not prevent the action Of their
States, and obeyed that which they be-
Geved to be, and which the Supreme
Court has in fact decided 10 be, their first
and paramount allegiance. II is only
through his State, and a. a citizen of n
the citizen eta State ones oVegi0qee
to the United States. There is no other
possible principle on which it can he
holden that when a State seeded. every
inhsbitant of it was a party to the act
and upon war blazing out became an en-.
envy to the United States.
On any other theory than that Of tbo
Sovereignty Of the States, and that the
Constitution was altogether a compact
between them, containing moi a law
over them enacted by a common supe-
rior, but their mutual promises and
agreements,-on any other theory than |
that each State had the right, if others
violated the Constitution and all other :
remedies failed, to withdraw peaeeablv A.,
from the Union, as a partner can from a !
pErtnership,-to hold that an inhabitant ,
or even a citizen Of q State was a marty ,
% her act o. withdrawal, when be or +
l it, a party TO the war waged nv +
hen prosecuted and imprisonad 4
Ardng 1t, an enemy of the Il
tAtes when openly their aaha- a
.st his State, would have been !.
outrage upon law, justice and D
use, without excuse as with !,