The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-01-28
Loyalty.
Rrom ne Tribune.


thoroughly understand each other. At pre-
sent, they are completely beiogged and at
Cross-purposes; and one Of the chief instruments
Of their mutual misconception is the unambigu-
Gus word, loyalty. Let us try to elucidate
their confusion.
Since the surrender of che Rebel armies, but
more especially within the last year, there have
been many murders and other Outrages perpe-
irated at the South. Most of these have been
murders of Unionists by those who, while the
struggle lasted, glOried in being known as
SecessiOnists or COntederates. some OF the
victims were Union soldiers; Others, Southern
Tnionists; many of them were white, but
more we black; and we lack proof that the
spirit which impelled to these homicldes Is yet
extinct. c.,,,s
sHaye there not been murders aU the North as
well murders by men in blue Overboats as well
as IN threadbare greyY murders 0y those you
call loyal as well as by eX-Re0els! murders OF
whites by blacks as well as OF blacks by whites
and is it not notorious that right here in New
York, there are several murders committed to
every one that Oakey Hall manages TO nave
punished? Then what are you trying TO make
OUT W
Just this strand we beg your Southern
friends to take careful heed of it-that while
murders and other outrages are deploraDly
common in all parts of our country, and the
perpetrators too frequently escape arrest, con-
viction, and punishment public sentiment at
the North favors and demands the execution OF
the law against criminals, while it seems not to
do so at the South, when the perpetrator was
Rebel and his victim Is a Unionist especially
black one.
Can we be mistaken as to the fact? If so,
some one eau geaslly point us to score OF
recent instances-or, at least half q dozen
wherein the Rebel SLAYER of a Black, or otner
conspicuous Unlonist, has been promptly pur-
sued, arrested, indicted, tried, convicted, and
punished by the State or local authorities as
reconstructed by President johnson. And we
shall be very much obliged to any one who will
favor us with even one well-authentlcated case
wherein the white Southerner who has telo-
niOusly killed negro has been treated Oy the
local or State authorities precisely as his victim
would have been had the slayer and the slain
changed places.
Now ifkllling negro is practically regarded
and treated as no crime, or very venal one,
by the ex-Rebel authorities of the South, how
can the South expect the present or the next
Congress to recognize those authorities as
leeitimale, and admit men of like spirit and
purposes to seats in either House? How can
any one expect ltY
Let us illustrate by case wherein no negro
had any part whatever, and which has passed
through several stages of adjudication.
An agent OF the Federal Government seized
lot of cotton in South Carolina, near Augusta,
Georgia, as having been subscribed or con-
aributed by the planters who grew 1t, TO the
service and support OF the Rebel Contederacy;
therefore forfeited to our Government by the
Undoubted laws of war. Certain United States
One night, two sons of the planter, with two or
three aCcompliCes, crept up to those soldiers
under cover OF the darkness, shot them dead,
and ran off the cotton beyond recovery. But
the culprits were discovered by General SiCkles,
arrested, tried by military commission con.
victed OF murder and sentenced to death. Pre-
Sdent johnson COmmuted that sentence into
perpetual Imprisonment in Fort Delaware,
whittier they were duly conveyed. But United
States District Judge Hall, OF Delaware, soon
took them out of the fort on habeas corpus and
set them at liberty, on the assumption that their
trial and conviction by military court was
illegal and invad-a position which we under
stand to have since been fully sustained by a
majority OF the Supreme Court in the MillIgan
case.
Now, then, is there one man on all the earth
who believes that these midnight assassins OF
Federal soldiers for simply doing their duty
are, or ever were, in danger of being arrested,
tried, convicted, and punished, by the present
local authorities of South Carolina or of
Georgia? And, If not, what is the action of the
Supreme and District Courts in their case but a
proclamation of impunlty to Rebel assassins
And Is 1t within the compass of human imagln-
alton to fancy John Marshall Dronouncing a
decision whereof this would be the natural
Tesultg And If more soldiers, or other loyal
persons snail be murdered under like cTcum-
stances, and their assassins shall laugh to scorn
the suggestion Of punishment, will not the
blood of the slain lie heavily on the souls OF
David Davis, Stephen j.. Field, Samuel Nelson,
Nathan Clifford, and Robert c. Grier?
We are not attempting to scan the legal aspects
of the grave questions involved We consider
the cases in their direct, practical bearings, and
we deplore the impunity they seem to give ia
crimes impelled by Rebel malice as a very seri
Gus obstacle to the restoration of the Union.
We do not favor the requirement by Congress
ot a retrospective, plupeTiect loyalty. In view
OF all the facts, this seems iliberal and unWise
Albert Gallatin was said to have taken part in
the Pennsylvania Whisky Rebellion; yet he
afterwards became one of our most hOnoret
and trusted statesmen. We believe many who
were Jealous Conlederates are now hearty
Dnlonists, and we must regret the denial tt
such OF any opportunity to earn bread or serve
the country. Let us have bankrupt law fo
5he hopelessy indebted, and something CORES
ponding TO ii for those who, having been Rebels
are Rebels no more But every act, decision O
movement which tends to foster present dls
loyalty at the South-to proffer impunity Il
crime and outrage which have their impulse il
malice engendered by the Rebellion or its over
throws new and formidable barrier to re
construction, and as such to be sternly resisted