Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-02-03

divided between two competitors Tor IN
crown, the nation is severed into ivy
4 parties, who will term each other rebels
!, | Thus, there exists In the state two Bepe
? rate bodies, who pretend to Gbsolut
independence. and between whom Lher
is no Judge. They decide their quArre
, by arms, as two different nations Woul
+ do. The obligation TO observe the com
. mon laws of war toward each other is
! therefore, te--indispensably bind
! ing on both parties, and the same Whicl
the law Of nature imposes on ali nation
: in transactions between state and state.
The foregoing texts fix, beyond ques
ton, the legal status Of the two beltlger
ents. In the principles here expressed
T Vattel js sustained by more recent VII
tiers. tSee Phillimore on InternatlOna
Law, vol. 3, page 49S; Wheaton's Inter
national Law, LaNrence's edition, pag'
6l0; also Peters Reports; vol. Z, pag'
+ So, United States VS.. Percheman).
From these premises, it follows, thai
upon the conclusion of peace, both par
ties are, so far as practicable, to be re
stored to their former rights.
Both kinds of property, says DR.. Phil
limore, that is, public and private pro-
perty), are to be restored in the same
state in which they were when taken
for the word "restitutiOn naturally
implies that everything should be re-
placed in its former condition, as il was
when taken.
A town is to be restored in the cOndi.
ton it was when taken, as far as it still
remains in that condition at the conclu'
sion of peace. Bus if the town has been
seized or dismsntled during the war, the
damage that was cione by right OF arms,
I - fl,a ii or r,F
nesty."
! All prisoners Of war are to be exchanged
or released, and furnished with needful
supplies and safe canduct to their respec-
tive countries.
Now, jefferson Davis Is a prisoner OF
war captured by the federal army, and
detained as prisoner in a military for
tress, under the pIetense that he il 10 be
tried for treason. As well might the fed
eral government have detained any
other captive taken in the war, and held
him as q prisoner, to be indicted and
tried for treason, as jefferson Davis.
Every man that voted for Davis TO be
president of the Confederate States every
man that took up arms in support of the
| Confederate cause, is, IN law, just as
/ guilty as Davis himself
Gerritt Smith, in his letter to Presi-
/ dent johnson in July, 1865, put the ques-
tion well and strongly upon the author
ity Of the United States to try Jefferson
Davis criminaIly. AS well, said he,
/ might the United States, a; the
/ close of the Mexican war, have
arraigned and tried Santa Anna for
treason as Jefferson Davis. He wss
| fully sustained in that conclusion by the
authors / have cited; for the law of
] har oh fn
ton and control OF both parties
during actual war, it determines
all questions Immediately arising from
| the war. Nothing can be more repug-
nant to all sense of honor and of justice
( than the claim that Mr.. Davis is a sub
ject to be dealt with by municipal law /;
! for, have shown that the movement in
which he was engaged was not "A mere
| rebellion, because the second section of
/ the act Of 1875, above cited, defines what
is meansIy a rebellion. Rebels do not
hare "k,4uigertglt rights ~ they are,
| therefoJ, subjects of municipal law.
| The law of nations directs the proper
mode of dealing with rebels. " Crimes, )"
says Vattel, (refeTring to insurgents in
| which large number Of persons are in
volved, care TO be punished by penal
ties, which shall eqaatiy fall on oil par
ties concerned. Thus, the sovereign may
deprive town of her privileges, at least
till she has fully acknowledged her
/ fsult.v And if CONTINUES the
same authority there existed no reasons
/ t. Justify the insurrectioD, Ia eirrum-
stance which, perhaps, never happens, J
even in such case, it becomes neces-
sary to grant an amnesty where the
offenders are numerous. When the
/ amnesty is once published and accepted,
| all the past must be buried in Oblivion !;
/ nor must any one be called to account
/ for what has been done during the dis
| turbances.
1.-The flames of discord and civil war
are not favorable to the proceedings Of
pure and sacred justice.n Indeed, the
/ history Of these times is sufficiently
stained with mock trials and the blood Of
political victims. 1t marks an epoch in
| the history of the country, which only
! finds its fitting parallel in the history of
| the 4" bloody RssiZes " in England two
! hundred years ago-befOre the law of
nations had obtained its supremacy.
The law of nations and the Impartial
| Judgment of mankind alike condemn the
! times and execution of Sir Henry Nane
Russell and Sidney, for the part they
| had taken in the English revelation of
! l64S. So, too will the judgment of the
world condemn US for holding jefferson
/ Davis as a prisoner during the pleasure
| Of his captOrs His trial and conviction
would fill the measure of his COuntry's
! iDfamy. His numerous followers would
| regard his death as that of 8. martyr.
/ Every drop o. his blood thus sh ed would
be likely to produce avengers, and from
J his ashes would be kindled new revolu-
| tions.
Bat it is said by some persons in high
/ authority that treason must be made
odious," and that examples must be
made of the ring-leaders of the rebel
/ lion" / have shown that the purpose
/ Of Davis and his associates was, the es-
/ tablishment of an independent federal
| government; that in point of fact they
/ did establish aud maintain such q
| government for upward Of four years f;
/ and that they We're, during all that time,
! recognized by the United Ststes, Eng
/ land, France and other European pow
! ers as a q belligerent,n and that cOnse
auently, the municipal law, which de-
! fines and provides for the punishment Of
treason, does not apply 10 the case.
/ Therefore, the cry for the punishment Of
/ Davis is the cry of fools and OF madmen.
The law Of nations and the statesmen
/ Of the world, have wisely and .lGmanely
/ Judged unsuccessful revolution 10 be asuf-
| ficient punishment of the revolutionary
| chiefs, and the dissolution snd impOver-
/ ishment of populations and states, with
| lives lost, cripples, widows ami orphans
made, a sufficient punishment for those
who appeal 10 arms to dismenber their
common country. The execution of
! Davis would furnish q most desirable
| precedent fer the despots of Europe TO
| apply to the cases of such revolutionary
chiefs as KCssuth, Gar;baldi, and others
] that may follow after them, for by such
/ is Europe tc be liberated. Having shown
/ that jefferson Davis, in his Capacity as
the civil chief of great revolutionary
movement, Is not amenable 30 the mu-
/ nicipsl lawn of the country far the part
enacted by him, his Imprisonment is,
! therefore, arbitrary, without even the color
/ of law to sustain il. But even il he was g
! lawful prisoner, and fit subject for the
operation of the municipal law, then,
every prinCiple Of that law has been and
is now being dangerously violated, by
| his prolonged imprisonment and his de-
NAL OF hearing or trial. a great peo-
pie is always magnanimous 10 q fallen
| foe leaders OF factions, especially IN i'm
settled and turbulent tinAes are gener-
| aily FsgenReful and cruel. Sleh was the
| character Of the factions that alternately
held sway in England from 1912 until
| l6SS. The same is also true OF the diff
/ ferent factions that prevailed during the
| French revolution Of Use the Jaeobins
led BY Rooespiere and st. Jtlst, laid vio-
| lent hands upon all leaders who differed
with them 10 opinion and brought them
| TO the gullotine. They did this under
the plea Cf political necessity,H that
common refuge OF lylants hut even this
miserable plea of political Recessity, or
safety to the state, cannot avail In the
case Of the prisoner at Fortress Monroe.
/ -
An AnseaOte worth Preserving.
A Paris correspondent guarantees the
following:
a Frenshman, prisoner IN Edin-
burgh, having managed 70 escape, took
refuge in the powder magazine. When
the authorities wished to seize him, they
found him sitting on a barrel with a
lighted n afeh and threatening to blow
1 n. n =