The Effect of Civil War: Upon the Rights of Persons and of Property (Classic Reprint) - Tapa blanda

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Excerpt from The Effect of Civil War: Upon the Rights of Persons and of Property

It is presumed, that our Judiciary, Federal and State, will declare, that the recent conflict of arms originated in treason to the United States Government, and in rebellion against its authority; but for greater convenience - and without meaning thereby to be guilty of a petitio principii, - I shall determine it "The War," except where, from the propriety of the subject-matter, a different name may be ascribed. In the reduction of Fort Sumter, the parties engaged committed treason against the United States. But, suppose that no other act of treason had been committed; that the United States had, by force or otherwise, regained possession, and had captured or dispersed the few rebels engaged in the offensive operations, by which, the Fort was wrested from the control of the United States; would there have been a shadow of ground, for treating the affair as a War?

I assume, that in such an event, the affair could not have been regarded in any other light than as an insurrection against the national authority involving only the participators, among whom might technically be classed, as principals - their aiders, advisors and abettors.

The offenders would have been tried for treason by the Federal Courts, and the complete status in quo would have, at once, been re-established.

Hence, can it be pretended by any one, that a single act of treason crushed at once by the strong arm of Federal power, could have justified Congress in treating a whole section as in a state of revolt?

Can any one demonstrate that such a transaction would authorize the assumption of belligerent powers?

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