Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1886-11-28

c)ared BY the Executive aud Judicial
Departments for eighty years, had set
tied the fact that resistance BY any great
body of people controlling large ter.
ritory for q consider able time sgAinst
the government which they were en-
dtsvosing to throw of vas war and not
rebellion, and must DO treated a. var,
with all the legal consequences OF war.
A O'Conor said, " Washington might
have failed, Kosciusko did fall" but
neither of them could have been treat
ed under the civilized code Of nations
IS traitors. The revolutions Of the
South American republics and Of
Greece we're 30 treated by the Federal
Government. Mr.. Webster in his Bun
ker-H,ll Grafton 10 1925 had declared
that the battle Of Bunker Hill marked
the dividing line between rebellion and
civil war, between treason and war.
alt created" he said, sat once
state Of open public var. There could
no longer be = question OF proceeding
ogsinst individuals as guiltyp treason
or rebellion" SO Mr.. Charles Francis
Adams, The American Minister to Eng
land, in June, 1861, wrote to his Gov.
srpment that the recognition by the
European Powers Of bellIgerent rights In
the Confederate States relieved the Gov
eminent Of the United States Of respon-
sibility for any misdeeds OF the Con-
Gderates toward foreign persons or
property. As soon rs hostilities began
England and France recognized the Con-
feaerate States as entitled TO rights Of
belligerents in lawful war. The Union
Government permitted flags Of truce
and exchange Of prisoners, and for four
years the status OF war was selfevi-
dent and admitted by all the world.
AS soon as the war began the United
States claimed and exercised the right
OF blockade, which, as it affects foreign
nations, can only be exercised in var.
As soon as peace was restored the civil
courts in the Union were forced by the
memorable logic of history, OF law, aud
Of Justice. to decide anywhere all sorts
of questions 10 all sorts Of cases that
the war was a civil war, with all the
legal consequences Of public war.
The Supreme Court Of Maine led OIL
in deciding in an insurance suit between
citizens of Maine that a capture by the
Sumter was . capture in war, and that
Semmes's flag WAS lawful flag, and
not a piraticsl one. The Supreme
Court of the United States also held,
in suit against a Massachusetts insu-
rance company, that the Confederate
flag was a lawful one, and Confede-
rae capture on the high seas a capture
in war.
The Federal courts everywhere have
established the same proposition.
The Supreme Court in numberless
cases has held that the war was civil
war, with all the consequences of public
war. a New Hsmpsh hire man sued an
Arkansas man. who pleaded the statute
of limitation to debt created before
the war. The Court held that the war
stopped the running of the statute.
A New York man was sued on la
Utilities created during the war By
partnership OF which he was member
In Mobile. The Court held that the
var dissolved the partnership. In an
other case it has decided that a corpo-
ration chartered by the Confederate
State of Alabama continued to exist
after Alabama returned TO the Mon,
and 1t exists now. Numerous attempts
have been made 10 hold Confederate
soldiers civilly liable for damages for
trespass committed during war, but
the Federal courts and the Supreme
Court have held that no such liability
was incurred.
Asa matter Of historical fact and Of
legal truth, First Manassas destroyed
whatever possibility there ever was of
the war being treated as rebellion by
he successful side, or Of our ever be-
ing considered as traitors.
AS soon as the struggle in arms for
independence ended this struggle of
logic and reason for our recognition as
honorable soldiers began, and We have
established our position before the
world and to the end of time.
We are faithful citizens Of the Union
and supporters of the Constitution, and
we ale so because We are recognized
as equal citizens, with equal rights to
respect and recognition.
We ale making the South to blossom
as the rose, ard her increase in power,
population, and wealth in the future
will be simply Incredible.
The census Of 1900 will SEQ TexsS
out, voting New York, and Alabama
passing Pennsylvania in power. When
people have lost everything save honor,
as we had done in 1865, our first duty
became to preserve that untarnlshed.
The Union had power, wealth, arc, po-
ttry, the press, the histories, aud the
school. books to impress thsir story
upon future generations. We had
paught but our own iuvincible courage
end endurance and seltTespect, and ~e
have never wayer.d in the assertion OF
our right TO be respected. While for
wars the successful side were offering
high rewards for those who would leave
US not five Confederate soldiers OF re-
nown have deserted. While for twenty
yeers any men of reputation in the
South who would Join them would
have received high place under the
Federal Government, We have not had
ten rensgades.
Even here in Maryland, where the
Confederate soldier has not always
been recognized as be should be, no,
zen can he found who have proved re.
cr.ant to their comrades and their
faith.
1t seemed to some Of us TINT the
preservation Of the moral, the self.re
speet of our people, was Of vital ne.
cessity for recovery. If they were a.
lowed TO sink into the condition Of con-
quered vassals they would soon, in re.
Atty, degenerate into serfs. 1, wss
necessary that come organized efforts
be made to preserve them from thu
moral consequences Of conquest.
Accordingly, in the spring Of 1870
/ prepared the plan for the Association
of the Army of Northern Virginia
which plan was that . division shoulC
be organized in every State, aud Gene
raj Lee was asked to become its frs