Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-07-01
NEW YORK TRIBUNE -. CHIEF Jas.
TTCE CHASE.

y ASh = ~ NhAAE u.s.
TECE CHASE.
The New York Tribune, in one Of its
lucid intervals, thus disposes Of the ex-
tra-jcdicial portion of the recent opinion
Of Chief Justice CHASE on the subject Of
Treason and Civil War. Amid all its va
carries, the Tribune has both common
sense and honesty. Ii is not to be
blamed, we suppose, for thinking the ne
gro race superior to the Caucasian, or
universal suffrage a panacea for ali po-
IiticaI ills.
"wne Chief Justice sees fit, without
obvious necessity, to argue as follows:
Courts have no policy. They can
only declare the law. On what sound
principle, then, can we say i~udicially
that the levying of wsr ceases to be
treason when the war becomes formida-
ole 2-that, though war levied by 10 men
or 1910 men is certainly treason, it Is no
longer such when levied By 10000 or
l LOCO. 900 that the armed attempts Of
q few, attended by no serious danger TO
the union, and suppressed by slight eX-
ertious Of the public force, come dugues-
tiouaoly within the constitutional def
ton out attempts by a vast combine
ton, controlling several states, putting
great armies into the field, menacing
With imminent peril the very life Of the
republic, and demanding immense ef-
forts and immense expenditures Of treas
ure aud blood for their defeat and sup
pressipu, swell beyond the boundaries Of
the de1aition, and become innocent in
the proportion Of their enormiEy."
H.ar- Nh, aLFaF Tr-Hfaa hlu. .r-Ia
looks the very grave difference between
a government based ~avOwedly on the
right az the people to modify or radically
cbaug5 their political institution and one
founded on the doctrine Of divine right
or legitimacy, as are the old world mon
archies. In the view Of this doctrine, the
more formidable the rebellion tine greater
the crime, so that TO have four hfths of
the people in sympathy with the rebels
would only a~ggravste the wickedness of
their outbreak.
But, in a republic based on popular
consent, the case is br&vely altered.
Hsre, The conspiracy of q few argues a
culpable design TO subject the many to
despOti- sway not so the ~arousing OF
milliOns-"a vast combination controll-
ing several states, putting great armies
into the ield," etc, etc. Such a rallying
Of millions implies either tie existence
of real grievances to be reDressed, or Of
sincere though mistaken convictions
that they have wrongs that they can
right only by the sword. And this is
why our earlier statesmen, down to and
including Webster, have held 8 doctrine
regarding fOrmidableinsurrectiOns which
seems to Us the opposite of that above
enuncisted by the chief justice.
But it IS said, "If the disaffscted are
so numerous, they may peacefully secure
a redress Of their grievances" Ge1er-
ally they may yet not always. II our
revolutionary fathers had been fairly
represented iE the British parliament
they could not have there obtained ius-
tice il Ireland were allowed her fair
quota Of memttrs of parliament, I'VE
believe she has il now, she would still
be subjected TO oppression. A fair and
fun vote of the British people would not
have given fathers the independence
thew demanded such a vote in Spain
wOuld nothsve permitted the separation
of Portugal such a vote ia the British
Kingdoms to-day would not do Ireland
justice, though the time is coming when
it will.
We cannot deem it necessary to repu-
diate the AXioms which uuderlie the
@
righteous struggle of our fathers for indie
pendence in order to demonstrate the
wrong Of the southern rebellion. We
bold that rebellion to have been impelled
by slavery-by the hateful spirit Of
caste-by a conspiracy to degrade and
press labor-a conspiracy essentially
anti-pOpular and ~aristocratic, and which
was obliged to plunge the country 1
into civil war in order to secure
for itself that ascendaEcy over the
south which it could not gain by
argument in peace. There was
never a day, prior to the lombard
ment Of Fort Sumter, when a majority |
evenof the southern whites desired adis-
solpiion ofthe union. The clash Of arms
rseinifses expressly to " fire the
,ss ssern heart. and thus give the Con
'ederacy q hold 81 tham1Ses which it
had hitherto failed to acquifes IL Is easy
u prove that ingugurated bySouth Car
oiinA in 1850 the most eauseless tld IN
iastifiaGie 81 Febellions but it is 1eIther
necessary nor wise TO maintain o"h
WE'VE misaous Of people Ia the soun
states have no right b be governedsTe
than as twenty millions in otheYr
states may pee at.
II