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[Continued from Third Page.'] North for the capture of Richmond, made after ample preparation and in enormous force, ended in utter failure. Unquestionably at that time the South possessed all the attributes of an inde? pendent State -a State at -war -with its neighbor, and blockaded by its fleets, as other independent powers have been before. Recognition would have been warranted by the facts and by tho precedent most closely in point, the separation from Belgium from its union with Holland. The step was dictated, so far as this country is con? cerned, by the most obvious consider? ations of self-interest. But it was thought by those with -whom the de? cision rested-we do not herc inquire whether they thought rightly-that, until forced to it by circumstances, our Government ought ou principle to abstain from action. It was not permitted to weigh political advan? tage against -what seemed to be a moral obligation. Few in America are likely to understand this. In the Northern literature of the war there may bc found appeals to glory, to nationality, to the flag, to self-interest, to future safety, but never :iu appeal to any such thing as duty. In a coun? try where the doctrine is accepted that anything is fair in politics, and where a popular phrase is ' 'our coun? try, right or wrong," it may be diffi? cult to realize the belief that a great political decision could be formed, not by considering whether tho step would be advantageous, but whether it would be right. Another cause of the failure of tho South was excess of confidence. This occasioned the loss of New Orleans, aud other early disasters. It maj fairly be said that the men were over brave. Although the life of ead Southern soldier was clearly wortl more to bis county than those of three men to the North ; though it was plainly the true policy to husbanc every drop of blood, to use as weapon: the difficulties of the country, anc never to fight a battle in the opel field except from necessity, the re verse of this was always the rule Throughout the war there was an in cessant thirst for battle. Lives o Southern soldiers were expended, no as if they were precious, but as if tin supply were inexhaustible. A Genera like Johnston, who adopted the trui line of strategy, was discarded for ? fighting man. From this fiery vaia sprung those aggressive movement across the Potomac, into Kentucky and Missouri, which lost more mei than would have saved Richmond The last and most fatal of these move ments, that of Hood into Tennessee appears to have been based on calen lations wholly inexplicable in the ligh of the facts before us, except as ai act of despair. If such it was, the: peace should have followed the failur without loss of time. And it was fatal error to permit the mountai region to fall into the enera j*'s* bandi almost without an effort to prese rv it. Tho great range running froi Chattanooga to Lynchburg, the bael bone of the country, was the true lin of Southern defence; and the sei ports should have been held only fl out-ljing posts. Under the system c strategj- pursued, when thc stori burst through the coast-line, thei was nothing within to rally npoi But it is easy now to criticise. A< cording to the great master of the ai of war, the difference between Genera' is in the comparative number of the mistakes. If we consider rather win was accomplished, and with wht scanty means, then, without any dil paragement of the energy of tli Northern people, or the courage ( their soldiers, we shall be forced t say that throughout the history t modern times no efforts more amazing no sacrifices more unbounded, n achievements more glorious arc o record, than those of thc people an armies of the South. The efforts made bj' the Norther people have indeed been wondcrfu The immense armies they sent int the field ; the great fleet they calle into existence; the vast expenditm they sustained; the great expedition frequently despatched when it seeme as if every resource had already bet strained to the utmost; the persevc ance with which they surmount defeats, depression, dospondenc will be forever memorable. No 01 in Europe, or probably in Americ would have believed five years aj that such efforts and results we possible. But with the North, as \ have seen, the war was a source unbounded profit. Bj- the stern te of suffering it was never tried; ai some of its own speakers have sa that it would not have stood that te.< To the South this was soon applie Never was war encountered by people so unprepared. When Sou Carolina seceded, there was not, b longing to the country, a single coi pany of infantry or squadron of norse. There was not a piece of field artillery; the bells of the churches were taken clown and cast into cannon. There was no shot; the roofs of the houses were stripped of their lead. There was no powder; sulphur was sought in the minerals, and artificial beds were formed in thousands of cellars to produce saltpetre, each householder contributing his mite to the officers of the "Nitre Bureau." There were no medicines; the woods were scoured for medicinal herbs. There were no shoes; tanyard? were constructed, and trees stripped of their bark, to make leather. There was no cloth; soon in the cottages throughout the country every woman had a spinning-wheel at work. There were no blankets; carpets were cut up, even from around the communion altars of the churches, and sent to the soldiers. There were no ships-of war; steamers were padded with cotton bales, or railroads were rifled of their iron; and the South, a country without ships or plates, sent the first armor-plated ship into action. It seemed as if the spirit of patriot? ism had created a new people-mau, woman, child-hardening those who had been nursed in luxury into a con? tempt for harship; calling out an in? ventive skill where ingenuity had been dormant, and kindling in the gentlest of women a spirit and reso? lution that never faltered to the last. Are we to be told it was a desire to defend slavery that aroused this en? thusiasm in the human breast? Could any other than a lofty motive or noble aspiration thus impel a whole people to encounter suffering or face death without a fear? And the results were equally won? derful None travel through thc South without being struck by the scantiness of its population ; yet for a long time, wherever a Federal army attempted to advance, troops were found to be there awaiting it. The armies brought into the field by tho South exceed in their ratio to its num? bers anything on record. The genius displayed for war astonished all who were not aware that throughout thc history of the Union every General ol renown has been a Southerner. Bril? liant victories were won against num? bers always superior, not seldom two? fold. Washington was several times in greater danger than Richmond. The victories of Bull Run, Shiloh, Fredericksburg, Manassas, Chancel? lorsville, Mansfield. Olnstee, Chicka manga ; the rout of the seven days before Richmond ; the terrible battles of Elk Horn, Murfreesboro, Sharps burg, Gettysburg, the deadly repulse of Petersburg ; the siege of Charles ton, and heroic, unconquerable Sum ter. When within four years wert such names inscribed on the colors o. an army, called straight from thc plough into the field- ? The whole i: now melting into the past, but ther( is much that can never bo forgotten The noble dignity of Lee, the Chris tian heroism of Stonewall Jackson the gallant daring of Stuart, the en giueering skill of Beauregard, th< self-devotion of Polk ; Longstreet Johnston, Hood, Forrest, Ewell, am a host of names, rise to remembrance Last, but not least, the calm, resolut? statesman, who was said by one of n< mean authority to have made th< South into a nation-Jefferson Davis of him a few words may not be out o place. But the other day, Jefferson Dari; was one of the world's foremost men admired as a statesman, respected a an earnest Christian, tho Washington of another generation of the samt race. "Now, none so poor as to di him reverence." In this country happily free from excitement, we cai calmly weigh facts which others se for the time through the distorting media of prejudice and passion Jefferson Davis simply followed th example of George Washington. Bot] were Southerners, both slave-owners both levied war against an older Gov eminent. Washington, a subject o the British Crown, under which h held a commission, committed an ac of unquestionable treason. Jefferson Davis was never the subject of Abra hum Lincoln. He was the chose: ruler of millions of the America: people, twice as many as demande' their independence from this country Over them he ruled for years undo all the most complete forms of coi: stitutioual law. That such a ma should be hunted down as a felon, i one of the dark spots that will be lei by this struggle em the page of Amer: can history-of all the darkest. Th charge which President Johnson at tempted to fasten upon a fallen fo has been scouted on every hand. Th assassin of Mr. Lincedu was a stagi stricken fanatic, incapable at the tim of seeing that his crime would h ruinous to those he thought to serve After the surrender of Lee, even the -whole Northern Cabinet had perished, this could only have influ? enced the result by rendering the irresistible armies of Grant and Sher? man more revengeful, and adding to the sufferings of the vanquished. Booth was not a Southerner, had no connexion with any State of the Con? federacy, had endured no outrage, suffered no loss. It was well known that his father's intellect was disorder? ed, and that he had committed acts of violence. The circumstances of the clime-the theatre, the stage, tho flourish, the quotation, the man's life, his letters, his dying request to tell his mother that he had done what he thought for the best-all indicated the individuality of tho act, the originator, the intended hero of the tragedy. It is one of the crimes that throughout all history, and with all nations, has invariably accompanied such convulsions. No great disturb? ance occurs in European history but I some one comes forward to play this j part. There is hardly a sovereign I reigning in Europe whose life luis not j been attempted; and there are those old enough to remember the conspi? racy of Thistlewood, when it was in? tended to destroy the whole Govern? ment of this country at a blow. So far, then, from thc event being a rare phenomenon, it was one to be antici? pated; indeed, it seems to have been expected by Mr. Seward. As in cer? tain sanitary conditions certain dis? eases athick the body, so amidst wars and tumults this form of monomania seizes on minds so predisposed. Ir all this, however deplorable, there if nothing astounding; but astounding it is that a President of the United States should bring a charge of com plicity in such a crime against ai eminent American statesman and sol dier. To make such a charge heed lessly without evidence of the oleares character, was to bring an ineffaceabli stain upon the dignity of his office and the history of his country. 1 bears the aspect of an attempt t< assassinate the reputation of a de fenceless man. Amongst savages i is the practice to gloat over the tor tures of the defeated, to make a targe of thc quivering body, and transfix i with arrows, as a pastime. Civilize! nations usually treat the victims o war with humanity, even with gene rosity. The whole conduct of th Government in this matter of the eon spiracy trial is painful in the extrcme thc trial of an offence wholly uncos nected with war by a court-martial the composition of that court-it president, its reporter, the little-tattl received as evidence, and, beyond al the secrecy attempted-carry us bac to the worst usages of the darkes times. Jefferson Davis is now in the hand of his enemies, and remains to b tried for treason. If he had commit ted this crime he would then stand o a level with Washington, Kossutl Garibaldi and others, hitherto th objects of American admiration. Ca the same thing be a virtue when othei Buffer; and the blackest of erinn when it injures ourselves? If he L tried under the present excitemen there can be little doubt as to tl verdict ; but it cannot be suppose that the American people will comm such an act as to take any man's lil for simply following the example < their own idolized hero, and exorci ing a right they are all taught 1 claim-"a most sacred right," as M Lincoln declared it to be. Ami i Mr. Johnson reiterates that treason the greatest of crimes, we are led 1 examine how it is regarded by tl Constitution of the United State Hore, so far from being thus accoun ed, it is selected from all other offence not to be stigmatized, but to be dea with gently, and hedged round wil protections from extreme punishmen Tims, Art. I, sec. 9: "No bill of ? tainder shall be passed." Art. II sec. 3: "No person shall be convict! of treason unless on the testimony > two witnesses to the sann; overt ac or on confession in open court." J Art. II, sec. -i, it is classed with brib ry; and the 6th Amendment to tl Constitution requires that the accus? shall have the right to "a speedy ai public trial by an impartial jury the State and District wherein tl crime shall have been committed Art. IH, sec. 3, ordains that "no a tainder for treason shall work cc ruption of blood or forfeiture, exce during the life of the person attai ted." And if this trial is to be co ducted calmly as an affair of Stat the difficult task must be encounter of disproving the right of a sovereif State to withdraw from its union wi the others, if any counsel dare to u the argument. It is not general believed in this country that such right exista ; but Rawle, a comr tent legal authority, a Northerner a; devoted Unionist, asserts, in his wo on the Constitution, that the right inherent in the Federal system. That the States were originally, each of I them, a free, sovereign, and indepen? dent power, is very certain, as they were separately acknowledged by this country i? these terms. That* their union under the title of the United States did not destroy the sovereignty existing separately in each is also cer? tain, as it is declared in the lirst Con? stitution: "Each State retains its sovereignty, freedom, and indepen? dence." That each State is sovereign under the present Constitution is also certain, as it has been so decided on several occasions by the Supreme Court, a decision from which there is no appeal. Now, if a sovereign State j cannot withd raw from its union with other States, there must be some power which prevents it-a power over it, and superior to its own will. If so, its condition is that of infe? riority or subjection to that highor power, and therefore cannot be sove? reign. No such power is known to the Constitution, for the States are all co-equal; and, what is popidarly termed "the Government," is simply the common administration, or Fed? eral agent, to whom certain limited powers were "delegated" by the States. The recipient of a delegated power cannot be superior in authority to those of whom it is the delegate. This would be to put the agent above the principle, or the servant above thc master; and where a sovereign State "delegates" limited powers to an agent for certain ends, it is difficult to see that it cannot withdraw them when those ends are not attained. This right to withdraw, "to resume"' them, was asserted by Virginia when that State became a party to the Con? stitution, and it was asserted in thc solemn form of an act of assembly-s law of the Statt?. Virginia, therefore, in seceding from the Union, simplj exercises the right which she r?serv?e by law when she entered it. It ma\ be said that this law has no force be youd her limits; but they who ac cepted her adhesion to the Unioi with this reserved right, solemnly proclaimed to the world, cannot nov complain that it is exercised; and in deed it is difficult to see how air State could have entered into tin Federal compact without the powe of withdrawing if its terms wer broken. This was the only possibl means of redress or escapo fron wrong if committed by the majority One of the points of the Constitutio: will illustrate this. The small State insisted that each, whatever its size should have equal weight in the Soi: ate, and that this should never b altered to the prejudice of any Stat without its own consent. It result that the little strip of soil, Delaware has its two members in tho Senat equally with New York, a State e? ceeding in all respects several of th kingdoms of Europe. And if th whole of the other thirty-five Stat? should desire it, they cannot righ fully alter this without the consent c Delaware. But suppose they do a with or without right, what mires has Delaware? She could not outvol or fight the others, and must eitht submit to a breach of the compai without redress, or retire from i This may explain the remarkah statement of Bawle. "This rigl (that of secession) must be considere au ingredient in the original compos tion of the General Govern men which, though not expressed, wi mutually understood." That sue understanding existed with the frame of the Constitution, is proved by tl fact that in the early debate; of Coi gress under the existing Constitutic the threat of seceding was made mo: than once, and thc right to do so w? not questioned. In the Constitntii there is no principle that permits tl coercion of a State. When suggest? it was deliberately excluded; and there be nothing that can lawful coerce a Stato to remain, what cs lawfully prevent its going? And'if, as De Tocqueville held, tl right of secession cannot be disprove it follows that when the event occur the State becomes a foreign power regards the rest ; and if war ensu the acts of its citizens are acts of wu and not of treason. The difieren produced by tho step is very materi: If a citizen of Maryland were now take up arms against the Federal G vernment, he would commit an act treason. But if that State shon first secede, and call out its forces resist invasion, ho must then respo: to the call, in obedience to the laws his land. Can he commit treason acting in obedience to law ? Accoi ing to the Washington theory, t position of the Southern man wot be hard indeed ; for if he obeyed t Federal call, and should be found anns against his State, he would guilty of treason against the law that State ; am", if he obeyed the St: call, he is liov. charged with treas. against the Federal Government. Such a position cannot be tenable. The law of the State plninlv absolves the citizen who has no choice but to obey it. Against the State itself, re? dress may be desired and demanded ; but it cannot be found rightfully in that Constitution from which the coercion of a State was excluded. A traitor, too, takes up arms against the Government that is over him, and attempts to overthrow it. We cannot find that any one attempted to over? throw the Washington Government ; on the contrary, strong efforts were made by the South to enter into ami? cable relations with it. But argu? ments of this kind are not likely to obtain much attention at a period of such excitement. One that cannot be overlooked is the fact that a state of war was recognized by the Federal Government. It was so adjudged not only by prize courts, but by the Su? preme Court, whose decision cannot be set aside. It was recognized in the exchange of prisoners, and various conventions entered into during the war. It was admitted in the most striking manner by President Lincoln and his Secretary of St-ite, who went in person to treat with thc commis? sioners of Jefferson Davis. It has been said that all this was done under the pressure of events, leaving rights in abeyance, which may now be re? vived. 13y this kind of argument almost any breach of faith could be defended. Whatever tho motives, there is tho fact. It is impossible to say that President Lincoln went to negotiate with ambassadors appointed by a traitor. Whoever treats with the ambassador treats with the Go? vernment, and with the head of that Government ; and after this, Mr. Johnson has no more right to charge the hoad of that Government with treason than we had to charge it upon the Emperor of Russia at the close of the Crimean war. We cannot take opposite principles, change them about, reverse them, leave them, re? turn to them, to suit the convenience of the day. No Government can play fast and loose in matters of life or death. There are other considerations. For four years, Jefferson Davis was the appointed rider of eleven great States -States, several of which had been acknowledged as free, sovereign and independent powers by the Govern? ments of Europe. His dominion was no mere insurgent district, but a region ample enough for many king? doms. He sent into the field great annies, made illustrious by brilliant victories and leaders of enduring re? nown. Supported by a unanimous people, he ruled in strict conformity with the laws of the land and its con? stitution. When vehemently urged, as he was, to suppress the opposition papers, which were ever buzzing and stinging at Richmond, greatly to the profit of the enemy, ho resolutely re? fused to interfere with the freedom of the press. When urged to ret?bate the murder of ten men, shot in cold blood, at Palmyra, by the Federal, McNeil, under circumstances of atro? city that none can read without a shudder, he refused to listen to the voice of natural indignation, and de? clined to shed one drop of blood except on thc open field of battle. In all but penury-for his property fell early into the enemy's hands, and his salary, payable in the depreciated cur? rency, soon afforded but the necessa? ries of life-calm, dignified, swaying with commanding intellect the able men that surrounded him; eloquent as a speaker, an el ?--> a writer giving State papers to the woild which arc amongst thc finest compositions in our time, of warm domestic affections in his inner life, and strong religious convictions; held up by vigor of the spirit that nerved an exhausted and enfeebled frame-such was the chosen constitutional ruler of one-fourth of the American people, whom it is now proposed to visit with a felon's death. We do not belie\ e that such an act w ill be perpetrated. Three minutes may end that life on the scaffold, but all tin* centuries to come cannot undo the deed. We feel assured that there are those in the North who will reflect how such an act would read in the future history of the countrymen of Washington. Nor can there be want? ing in the North men of sufficient judgment to discern that the obsta? cles in thc way of re-union are great enough without adding another-a spot that could never be washed out whilst memory holds its place amongst the people of the South. And now that the struggle is ended, the mind cannot be restrained from some attempt to penetrate the future, and form an opinion of its probabili? ties. Aro the American people likely to gain, or their institutions, by the possession of a colossal Poland? It has been the great argument or excuse of the North for the invasion of the