Knoxville weekly chronicle. [volume] (Knoxville, Tenn.) 1870-1875, 1870-10-26
rrr REpEI1IoN IN A NEw FHAsa.

the case OF BItIellOH Vs. ClllOll, III NhhOIl
questions of national interest and import
ance were argued and determined. We
have been thus far unsuccessful in our eff
forts to see the decision and read it, and
not having been fortunate enough to hear
it. we must base the comments we now
make upon what we learn from counsel in
the cause and from those who heard 1t de
livered.
The point decided, in brief, is that the
rebel government was II government dc
fdcto, and that its armies Wcrc in all re-
spccts entitled to tho. same rights aud ll,ivi-
ieges as 6eUigere'ts accorded to tic armies
Of the FtdcrdL Government.
We are informed by the wise man of the
Press and Horald, A." that the Court held
that the government of the Confederate
States, as dccidcd 6y the Supreme court
Of tic JRjtCd States, was Il government
dc .fdct0, ." and that its armies were entitled
to all the rights and privileges of belliger-
ent-, recognized by the laws and usagcs
of war, and the laws of nations.
The facts in the case decided, as we are
informed. were that Smith, the defendant,
as a rebel citizen, pointed out to the rebel
armies the property of Brazclton, and
was instrumental i'm having il taken. The
jury below, upon the facts, found for the
plaintiff, and Judgment was rendered ac-
cordingly.
The supreme Court reversed the iudg-
ment; declared, a- we are informed, that
smith, as a citizen OF the dc Jacto rebel
government, had the right to point out
Brazelton's property to be seized: that the
rebel army had right to appropriate it,
and that generally, it had belligerent
rights TO 10 most anything it chose
Such courts in passing upon these
/ questions place the Federal Government
at a disadvantage, for the Union armies,
operating under Hc Constitution. u,. held
strictly to this courts rie,v of it, restrictions.
while the armies of tho Confedcracy. raised
to overthrow are, by some
hoou~-pocus reasoning, given unusual
powers, stripped OF all restraints and de-
cided to be accorded all right, classed I'M
der the generic term belligercnt-which,
in fact. means Just what military COM
manders choose TO assume.
But we infer from the Wis hints OF our
contemporary that this decision j. to be
passed OF under the cloak of decisions pro-
nounced by the Supreme Court of the
| United States. We are perfectly willing
that this Court shall go as far as they
choose in legalizing the rebellion, and
they may place it even niche higher thar
our own government, if they choose, bu
. we protest most decidedly against shifting
. the responsibility for such holding upor
such an honorable Court as sits at Wash
ington, by virtue OF the authority con
ferred by the Constitution Of the Uniteo
SJates--an instrument we still respect, i
some others do not.
, But what has the Supreme Court of Tit
United States said about the Confederate,
being a az tocto government. In the cas-
! Of Thorhgtonvs. SmithAnd Hartley-th
: Confederate money case-Chief Justic
: Chase sIid: d. .r
r There are several degrees Of what is called d
JGctO government. such governments in il
highest degrees i--JJ1ao- t character very clos,
y resembling tha col. 70 lawful government
ms is NhcA thG u.ulpmg government cNpci
the regular authorities from their custOmar-
seats and functions, and establishes itself in thci
% place, ana 90 becomes the actual government G.
"a country. Tie distinguishing characteristic {
: such government Is, THAI adherents to il i
/ | war against the government de jure do not in
. cur the Pcualtic, Of treason; and. under ccrtai
. limitations, obligations assumed by it in bella
{ Of the country or otherwise will in general b
: respected by the government de j,,re whGn +,
stored.
After proceeding To instance the segerf
grades of such governments, and particr
, larry that of the Commonwealth of FL
gland under Cromwell, which he classes a
: "A dc foctO government absolute he says {
: the Confederacy:
> IL Is very certain thar the Confederate Go,
: eminent was never acknowledge by the L nitc
@ states a. a @c facfo government in this ,ens
nor was It acknowledged rs such by power,
y No treaties were made by it. No obligations
l. a national character were created by Ii bindiu
after it, dissolution on the State. which il rcBr
d sented or ON che national government Fror
very early period of the civil war to its aIo.e
was regarded ss simply the military represent,
a tive OF the in,urrecti"n against the authority
{ The decision of Mr.. Nelson and his MSS,
] ciates differs from every other OF which W
y have heard, by recognizing the Confed,
I racy as dc Jdeto government in its fiIVe
I sensc. In other words, 1t iegalizes Treason
and gives, to the rebellion the character ,
7 u successful rcr0tUfiOn-the character of
government that, in most respects, had tI
= | attributes and rppOOuitiou nf 4. ,To f,,,