The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1868-12-07

|
| it is to be presumed the road will be IN
active and successful operation"
Governments De Facto-Mr. Chase's
Decision-Again.
Commenting upon the opinion of Mr..
CHASE inthe KErrELL case, the New York
| World says:
"The second point made by the Chief
Justice is, SO far as it possible 10 discern p
cloudy meaning, that the Confederate Go.
yernmeut was not de .faCto government.
AS it is also his opinion that it was not
| de jure government, what was it 1t is un-
deniable that, in the words of the Chief
Justice himself in this very case, 1t was
| actually organized as a government, and
actually exercising the powers OF govern
ment within large extent of territory, not
merely in hostility to the regular and law
full government, but in complete exclusion
of it from the whole territory subject to the
insurgent control . and it would seem
that, on this showing, it was beyond all
doubt de focto; but the Chief Justice
hesitates doubt. Perhaps he thinks
it myth, for myth it was unless de
not exactly concede that it was either. The
point is of Importance for this reason: In
law, allegiance and protection are rccipro-
cal, and where government fails Or refuses
to protect the citizen, such fault or inability
works, for its continuance, solution of al
legiance. AS the Government of the United
States was unable for some years to protect
many citizens, those citizens it is contrary
to public law to now punish for acts then
done in obedience to that government which,
pro tempore, prevailed, the presumption
being always that each citizen would
have been faithful to his allegiance un-
| less therein prevented by what is tech
nically known az the us major, or
force. This just, sensible, and ten
der rule-originated in the wars of the
Roses, and Of force in English law for four
centuries-Chief Justice Chase sees fit to
trample under foot, and, at time when
| peace is the hearts desire, to REOPEN the
keenest sores Of the war. Interest reipuJ-
icn fms sit itium is the rule that should
receive its weight; but, SO far from this, a
direct invitation is extended in keppell Us.
The Petersburg Railroad Company to the
institution Of the most annoying, compll-
Gated, and, for the most part, worthless
| suits. #-H
| Before the foodgates open, it is to be
hoped the Supreme Court may have the
opportunity to review so very remarkable a
| decision"
The Tribune understands Mr.. CHASE to
have made the following point
"The laws and decisions of England sus-
| tain the doctrine that where rebellion OBJ
tains possession Of the capital and rules
| throughout the entire country, in place Of
the former government, it becomes de
fucto government, and those who exercise
its powers or obey its officers are exempt
from the guilt of treason. But it never has
been held that those participating IN re-
bellion which had only extended its au-
thority over part of a country had estab-
lished de facto government, or were other
wise than traitors"
The Chief Justice will thus see what q
Radical journal understands his decision
to have been but he will, we imagine, de-
cline to accept the Tribne's version Of il.
He cited law passed during the reign OF
HENRY VII. That law was intended for
the protection Of the great mass of the peo-
pie Of England, one portion of whom had
always been partisans of the house of Ian
caster, and the other partisans of the house
of York. HENRY VI. was still living when
RICHARD III. was made King. EDWARD ~.
had, however, previously succeeded to the
throne, and upon his death his oldest child
was of course heir to the crown. RICHARD
had no title whatever. Yet he became
King. Was the government Of HENRY VI.
only government de facto, and that of
RICHARD de jotre government And when,
in the seventeenth century, one half Of Eng
land was arrayed on the side of Parliament,
and the other half on the side of CHARLES
l., the one party occupying one so-called
capital and the other another, which was
the government de facto and which the GO
vernment de j,tre? because the Parlia-
ment was for long time able to
extend its authority over only a part
of the country was its government, there
fore, during all this time, not government
de facto Could there have been found a
Chief Justice in England who would. have
| declared that all acts done under and by
virtue of the authority Of Parliament were
done in their own wrong by the people Of
England, even if CHARLES had succeeded in
| putting down the Parliamentary party !?
When did the Parliamentary Government
become de tacto government? If not
until 1t had extended its authority over the
whole empire, then it was not de tacto
government until long after CROMWELL was
made Protector. And how would such
doctrine operate in this country? II the
Confederate Government had conquered all
the States east of the Rocky Mountains it
would still not have been government de
facto, because Oregon and California re-
NAMED unconqueredl
The fact is, the opinion is clearly wrong.
The Confederate Government was govern
ment de fdctO. There cannot be a single