Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1867-06-28

The Five Great Military Districts
Abolished by Chase-A Vexed
Question Finally SetI1ed-Davis
/ TO be Tried and Convicted.
SALMON P. CHASE, the embodiment of
Radicalism, and at present the pretended
Acting Chief Justice of the Supreme
Court of the United States, has at length
settled the question as to the effects of the
late rebellion upon the Southern States
And as he has settled the question adversely
to the existence of the Military Depart
ments-it is but a national conclusion that
the authority will not be "denied" or the
correctness of the opinion questioned.
In the case of Shortridge, ct ais, us. Macon,
recently decided by the United States Cir
cult Court at Raleigh, n. c., in which the
question as to the effect of the rebellion
upon the State of North Carolina was di-
rectly in issue, Justice CHASE decided !:
I" But these acts did not effect even for a
moment the separation Of North Carolina from
the Union any more than the acts of an indi-
vidual ,oho commits grave ofsnses against the
State By resisting its officers and detying its
authority, separate him from the State.".a1
If that be true, the union of States has
never ceased to exist for euen moment, and
having been uninterrupted, the States
must necessarily occupy the same relation
to the Union they formerly did.
Then Congress has no more power to ap-
point Military Commanders for those
States than it would have to appoint a
Military Commander for the State of Ohio.
Therefore, according to the Chief Justices
opinion, every one of these Military Com
manders, so far as they interfere with
Civil Government and the rights of the
people by reason of the government, is
amenable to the law. .af asa
The Reconstruction Act is not only sub
versive of the rights of the people, but is
also imposed where the relative rights of
the States and the General Government
have never been changed by reason of the
rebellion. t3 .F .-f
The opinion of CHASE is sound Demo-
cratic doctrine, and the same the Dem
cratic party has persistently advocated
ever since the suppression of the rebellion.
But, Radical reader, do not be startled
1t is not claimed that CHASE has become a
convert to Democratic faith. If the decis-
ion ender here, it would appear so. But by
a further examination of the subject the
reasons for this apparent conversion b.
comes quite obvious. CHASE, ever since the
arrest of JEFFERSON DAVIS, has been deter
mined upon his execution. He labored
earnestly to prevail upon the War Depart
ment to dispatch DAVIS by the judgment oi
Military Commission. But the War De-
partment, already conscious OF guilt by rea-
son of its illegal executions, revolted at the
idea of again subjecting itself to public crit.
icism, and refused. Since which time, the
Chief Justice being unwilling to assume the
responsibility, has been nevertheless anx-
ious for the trial and conviction of DAVIS
The opinion of many able lawers was elic-
tied during the confinement of the prisoner
as to his guilt or innocence of the crime OF
treason. Upon this subject there was but
little diversity of opinion. Without an in
der to convict DAVIS of treason, itwas nec-
essary to establish the intent. 1t was urged.
with much force, that if DAVIS became the
Executive of the people of the Confederate
States and assumed to administer govern
ment they had formed, and which as he be-
lieved they had right to form, then there
was not such an ''intention" to commit trea-
son on his part as would render him guilty
under the law. But CHASE, ever persistent
in his designs, after DAVIS was admitted to
bail, Immediately set about to establish a
construction of the law regulating treason
that would convict the prisoner. Hence
the opinion quoted. se.a-.r.r
The quotation was simply starting point
Further on in the opinion, from which we
quote, the Judge proceeds to say: "Nor
can we agree with some persons, distin-
guished by abilities and virtues, who insist
when rebellion attains the proportions and
assumes the character of civil war, it is
purged of its reasonable character, and
can only be punished by the defeat of its
armies, the disappointment of its hopes,
and the calamities incident to unsuccessful
war;"
This was civil action for the recovery
of a promissory note in which the effect OF
the rebellion upon the State of North Car
olina was put in issue. But the question as
to its effects of persons as 1t regards the
crime of treason, was in no way involved
But the Chief Justice availed himself of the
opportunity of delivering himself of an
other of his fsvorite dictums in order to
pave the way for the final trial, conviction
and execution OF DAVIS. He proceeds
also to discuss the propriety of pardonine
the masses and Furnishing 1.-THE few"
Will the Radicals claim that, for the pur.
pose of convicting DAVIS, the Union was
no way impaired by the rebellion. and then
for the purpose of sustaining Military
Government, claim the Union was sc
far destroyed as to cease to exist, thereby
rendering reconstruction necessary.
The issue grows interesting.
General Sickles.
i n