the opinion delivered:

'Courts have no policy. They can only

declare the law. On wliat sound principle,

then, can we say judicially that the levying

of -war 'ceases to be treason.' when the war

becomes formidable? that, though war

levied by 10 men or 1,000 men, i3 certainly

treason, it is no longer such when levied by

'10,000 or 100,000?- that the armed attempts

of a tew, attended by no serious danger to

the Union, and suppressed by slight exer

tions of the public force, come unquestion­

ably within the Constitutional definition;

but attempts by a vast combination, con

trolling several States, putting great armies

into the field, menacing with imminent peril'

the very life. of" the Republic, and demand

ing immense cfiorts and immense expendi-"

turcs of treasure and blood for their defeat

sind suppression, swell beyond the bounda­

ries of the definition, and become iunocent

in the proportion of their enormity?'

To thc abovc Horace makes the following

forcibly reply: f

" The Chief Justice here overlooks the

very grave difference between a government

based avowedly on the right