4 88 Southern Historical Society Papers.
eight millions of people traitors ? Were leaders who had only obeyed their States and served their people criminals worthy of death ?
These were the great questions, and the most usual forums to deter- mine such issues were the courts of law. There was certainly no hindrance to such a test. Our great chief was a prisoner — in a dun- geon — in chains ! He was not only ready and willing to be tried, but demanded a trial. By himself he was most anxious to vindicate the innocence of his people ; or, in himself, expiate their guilt by an ignominious death ! Our enemies had the appointment of the judges, the formation of the court, the selection of the jury, the entire con- trol and direction of the proceedings. Why did they hesitate? why did they finally decline to try ? Was it because of mercy, or a spirit of magnanimity ? Ah ! we shall see directly. No, they were gnash- ing thtrir teeth with rage. They knew that such a trial had no paral- lel in human history — they knew the whole world, and posterity for ail time, would review it. There was the written law, a?id they knew it had not been violated J Eight millions of people, struggling as one man for liberty, were not traitors, only because power and treachery combined to defeat and enslave them. To try and convict, was to commit perjuries which would redden human nature with an eternal blush of shame — to try and acquit, was a judgment under oath by their own courts, that the war of coercion was itself but a gigantic crime against humanity, and a wicked violation of their own form and principles of government.
Here was the teirible dilemma which confronted our accusers, and it was so palpable that all the insolence of recent triumph could not hide it, and they were left rro resource but to pretend a mercy, wh(jse necessity they despised, and turn the prisoner loose, after a Icmg and most cowardly delay.
The next forum in which our people had a right to be heard was the Congress — the National Councils. By every protest and profes- sion ol our enemies, before and during the war, the Union was pre- served, and by the plain terms of the Constitution each State was entitled to representation in both branches of Congress. The refusal to test the crime of sece.ssi»n before the courts increased, if possible, the obligation to recognize this clear right of representation. This was a rare opportunity for vindication. The forms of government had afforded it to lew defeated parties in history, and to none on such terms of fairness and equality. There was never a time when the intellect of a people was so needed for their vindication, and no peo- ple ever possessed grander intellects for the work. We had trained
