Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1867-07-30
VOL.
Gerrit Smith and the Doctrine of Trea-
son,

Gerrit Smith has issued circular to which
he takes issue with Chief Justice Chase, of
the Supreme Court, upon questions of consti-
tutiOnal law. He deuies that the late war
was prosecuted under authority of the Con-
stitutiOn of the United Safes but claims on
the contrary, that it was carried on by Con-
gress in accordance with the laws of war, and
that the vanquished party is not in any sense
legally chargeable with treason. Mr.. Smith
regards the selection Of leaders for punish
ment under the chaIgs of treason as ''better
suited to feudal times dlan to our own, and to
despOt-ruled country than to our own."-
He says, while pleading for more lhnient
treatment Of the South as the surest road to
peace
''IIow sad it is that our country, which
claims to be the most liberal and advanced
OF all countries-the very Pharos of the world
is not yet humane enough to feel that the
conquered party in civil war has suffered
enough! How disheartening to the Repub.
lcaus of Europe is the prospect that, when
they shall, now aud then, be wOrsted in their
endeavOrs to overthrow deSpots, those despCts
Will be ablctO quote the authority OF enlighten-
ed and liberal America to justify themselves in
holding the conquered republicans to the res
possibilities of traitors
"liud our revolution Inary fathers failed and
Washington aud Franklin been hung for trca-
son at the close of the civil war, this opinion
OF the Chiet Justice would cover and justify
the heart rendering and heaven-appalling
deed"
The authority Of the circular bases his ar.
gumcnt not OILY on the plea of justice, but
e fears that persistence in the rigorous
policy marked out 10y Chief Justice Chase
will entail the dissolution of the Republican
party. lie says:
''Our type of civilization is, indeed, still
sadly low. 1t Is. nevertheless, not 50 low as
10 leave it possible for 4 party to prosper,
whose policy shall be looked upon to be the
policy OF cruelty"
He gives very satisfactory answer to a
question nf the Chief Justice i'll the tUiUw>
Im% words:
The Chief Justice: 'On what sound
principle then can We say judcaly that the
levNI"S OF war ceases to DC treason when the
war becomes fnrmidaLleY l answer ;hat
when. III any Instance, it becomes so formid-
able rs To induce CungresS to take it out of
the jurisdic'inn of his court and to bring it
uh""r the law uI war. he Is then bound to say
judIcinlly' that this is an instance of lcvying
war which is not treason, and with which his
court has therefore nothing to do
We can give only one more extract:
''One reason why we should not c,ll men
traitors who are not legally and Justly charge
able with treason, is that the traitor is looked
upon as seeking personal and selfish ends. and
as therefore worthy Of our deep abhorrence.-
StUncwall Jackson. killing men to serve per
sonal ends. and active in rebeFIious move.
ment condemned Of The people would hnve
been an ahh"rrcd and dete>tcd man. But
Stonewa!l jackson, arm and soul in a pub
lie caWSe-living. battling, dyin. for millions
is even in our eyes. who regard that cause
as bad one, Il sublime being"