New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-07-19
TPFASON IN CIVIL VAR.

Gerrlt Smith mas printed COSenJ leltel ~
Chief Justice Chase wherein he discusses the
doctrine of Treason laid down by the latter in
his recent opinion at Raleigh, n. e. We ex-
tract as follows:
Many who admit that the late war was carried on
under the law OF war, do, nevertheless insist that the
south Is still chargeable with treason and still obnoxious
TO its penalties Their doctrine g that punishment for
treason was but suspended and that at the close OF me
were II victor % be at liberty TO hlet ~ be
there any agreement between the parties WHICH Ca
justify the entertainment Of this doctrine There was
not Neither would have consented 10 come into t me
men OF the South would not have cOhsSnleu 70 ne pun
ished as traitors in the event OF theif aufe ana te men
Of the North tor equal dealing woHo, OF coSe nav
had to be a part Of the agreemcnO would MOI aVe CON
sented 10 be punished in the event Of their defeat
he punished too. as severely as II they also were tam
Was there any agreement that there should be added IL
the imprsouments, dpOssessiOn distractions OF MONIES
and ether sucngs and losses under the law OF war; the
penalties OF either the Northern or Southern Constu
$50 also many seem 10 think that the permitting OF
this great civil war to come under the law OF war was
concession on our par-a mere FAVOR OF grace bu
IL was no such thing Ii was necessity the part OF
both the North and the South-more emphatcaly such
the life the nation have been sayed The more civil
red North would. long have preferred permanent
Black Flag war with people the standardization Of
large part Of whose would have reushed such
war The stOpping-pace, however, would NOT nave been
at that division The bad elements IN the NORTH Where
there was deep interest in Slavery so great love Of
need bring the North also under the rev Constitution
Of the South. We should indeed, have again been one
I'm word, In order 10 save the nation from permanent
division or Nha i ~ "a brah We were
compelled let the south rise up from traitor III
rebellion TO an enemy IN war
- On the main question, Mr.. Smith sums up
as follows:
To reconcile rs to this harsh Interpretation OF the
Constitution, which arms II with the punishment OF ISa
son for millions is said that usually only few OF the
leaders IN civil war are punished for treason 10 TINS
list The ChcfJusticc says: Courts have no policy
They only declare the law SO Il II with Consuu
tions They are to be credited with mercy beyond
their strict letter. II Constitution says that the NH
are guilty Of TREASON then is IL responsible Tor auhoriz
ing the hanging Of them ALL even though under the mer
cul administration OF %. not one Of them be- hanged
I'D This selecting OF leaders FOR punishment better
suited to cudal times than 10 our own aud TO despo
ruled country than To Republican equality
10 have the masses spared at the expense OF saer
cng here and there an individual VINO ne more en-
lghtcncd and no more responsible IMAM a thousahu
others.
it is said that do not hold the South for treason
but only single individual OF all her people l answer
that We hold the South in him, In his protracted I'M
prsonment We have prOracted her Imprisonment. we
ingly unjust in singing out one be the target for
the popular indignation aud Vengeance man TOO VINO
was no responsible than many another one for the
The new born JOS in the heart Of the South, when Mr.
Davis was liberated from prison not at his liberation
only but al her own also The hlghtng OF that JOY by
the inatured remarks Of large part OF the Republican
Press upon that liberation was mistake. that mas
wrought unreasonable harm. The balng of Mr.. Davis,
II welcomed should have been by the whole North
instead of being seized upon rs an occasion Tor reopemg
the partially ccatrizcd wOundsot the war would nave
done much To Inspire the south Win 3ohhdenee III tLe
North and So promote Peace between theh 20 soon as
the South shall that the North ptles ana loves her.
the way to an endurhS ita,e De."cTil 'nea VIII DC
very straight ana very short One we c9hpEnn Hluch
OF the bad spirit at the South lt Is bad But the most
effective way to make 10 good 10 have good one our
"How sad it is that our country, which claims to be
the most liberal ana advanced OF AL very
Pharos of tho worlds not yet humane enough to tee
that the conquered party IN clNi war mas suffered
Gnongh How 1t,h+ 10 Inc thS h Ep oI
Europe Is the prospect mat Wncu thry sn, nov ana
then he wostcd IN their endearors 10 overthrow despots
those despOs viii he able to quote the authority on en-
lghtened and liberal America To justly themselves III
holding the conquered Republicans 10 the responsibilities
Of traitors! Unhappy Mexico! what blessing 10 her
render OF the South dscaimcd before the whole world
all right heart "a aGd 10 her affections the threat of
holding hel Iof TREASON. NiANHllIil, H"s "1'u ou,
Though he had done much 20 provoke the deed the
civilized and humane do nevertheless shuGder al H. ana
barbarous enough 10 pcrpeuto H. IL Is true mat our
our deed in holding jefferson Davis under an in.
dctment for ncutralfed that talk ana stamped
twelye.month that civil war has broken ont in
Italy and that she il divided into two hostile camps
the one Republican and the other ROyal-and In
twoine h1is, 1o 10 Ing and Garibaid nrisoners and
held for treason the gaows the authority of the
teachings aud claims OF her republican brethren IN
America ana iWhal Wod DS ios' , mSl pe % w H1
order 10 reconcile the Republicans To the sad tate OF these
their great and glorious leaders aie seatfnR i Oyer
Raleigh Opinion OF "A Republican Judge; but NOT even
Vet can stop my pen under tins head Had our Reyolu
tonary Fathers failed ard Washington ana Franklin oeen
hung the cOse of the civil war this opinion
Of the ChefJustcc would cover and Justify the heart
rending and heaven appalling deed. The ChofJustice
especially since he has said Courts have no policy
they can only declare law cannot consistently iuerposo
here with The remark that no would not have the
duerOr in civil war put 10 death good men IKE wash
ington and Franklin, hut only bad men Let but the
worlds sentiment he created and justified by such words
as his coming from such high places, DO on the side OF
Furnishing for treason the leaders In evil war-and the
|
monng so much ms one witness will be able 10 convince
himself that all the leaders whom he wishes 10 hang
bad men"
This is Vel s..d, Lat AZ seems 10 us thai