i

But the Chief Justice sees tit, without

obvious necessity, to argue as follows; ,

?Courts have no policy. They can' only de.

clare the law. Oa what sound principle, then

can we say judicially that the levying of war

ceases to fre treason when the war becomes form­

idable? that, though war : Jeyied by 10 men or

1,000 men is certainly treason, it is no longer

such- when levied by : lOOtr or 1,000.000 ?-rthat

the anaed attempts of a few attended by the seri

oua danger to the ; Union, and 'Jnppresaed i by

slight exertions pf the ptjblic force, come unques­

tionably within the Constitutional definition ; but

attempts by ft vast combination, controlling sev­

eral SUtea, putting great : armies into the field,

menacing with imminent peril the very life of the

Republic, and demanding immense, efibrts and

i(smns9 expenditnredof treasure and blood for

theit defeat and suppression, swell beyond the

boundaries of the tlennitiony and . become inno­

cent in the proportion of their enormity. " 1 j

. Jlnsiper.-The Chief Justice here cver­

looks the very grjave difference between

a government based avowedly on the

rignt ot me people to modify or radically

change their - political institutions x