Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1856-10-10
Y MORNING, OCTOBER 40, 1856.

the government of the United Stat.s violently to dis
member the Union, to cOerce repeal of general law
orto rrv"utnnlze territorial government, by force, il
carried into effect embodying and assembling mill
tary body in military posture, il an overt act of levy.
is war; and not only those who have nrms. but those
who perform the various and essential parts which
must he assigned to different persons for the purpose
ni prosecuting 'iie war, are guilty of the crmc.U.
). v. Barr at al, Cranch 40. From this view Of
the crime Of treason yOu will perceive there may be
moral treasnns, which 40 law Of the land can nun
sl. There may he nets of non-f.asance which
may work n dissolution of the government as IF
ectuaiy aS an overthrow by violence, md yet under
the limited definition given io treason by The Cons.
tuition Of the United States the consprators may fold
their hands in safety and in the excitement of false
philanthropy, or the d:spnc calm Of still more false
philosophy unnoved behold the wreck OF most gIn-
nous fabric. When nIl"rity of Congress shall per-
sistentiy whhho,d inc supplies of government, the
fa:a! work may be done.
But treason OF the kind have been discussing is
treason against the United States which State Judi
cature has no authority 10 punish, Congress having
passed laws upon that subject and far the federal
courts have coSniZHnce alone This kind OF treason
applies exclusively to the United States, and cannot
bc enlarged by any law. But there is q treason
against the State, which may be defined by its legis
lature aud punished AS it prescrbes, shall hcrra
ter see proper: This being SO, we owe two kinds Of
allegiance. The first 10 our State. She protects our
property and our persons, she defines rights and
eni"rces Them she gives protection; she positively de-
mands obedience. From each citizen the allegiance
is due 1t is binding his conscience, whether hs
takes the oath or not. BY being under the law and
receiving ITS protection he becomes citizen and the
obligation is imposed. The witness who may be call.
ell 10 the stand 10 give testimony, and by acci
dent is unsworu, ls sulenmiy bound by The position
he occupies, tn tell the whole truth. No man is alb.
solved from the strict discharge of any OF his duties
by the omission Of any of the formal acts intended to
SECURE the discharge of sucn duties. He is ton in
soul who would resort 10 the suberuge and incur the
octual guilt while he paltcrs with his conscence.-
This allegiance covers all his political obligations,
save those which he owes to the government OF the
United States. This latter IL special alleg gance,
sacred, and should be inviolabe within the sphere of
its obligations. say it is special, but it is none the
rss sacred because of its character The general
government is limited organization; it hos peculiar
and well defined Objects; in it, legitimate sphere
il is supreme it commands, We should obey its
lawful behests; TO neglect lis welfare is crime; to me-
date lis destruction is akin to parrcide But still
is limited. 1t did not grow out Of the exgencies OF
individuals n the States did; il grew out OF the cxi.
enc-s of the States. The States are the elder gov.
ernm"ns which created, defined and limited the pow
ers Of the central government, except such have
been given by the States. The allegiance which b:-
angs 10 The State il allegiance represented by all
the authority aud powers reserved by the States 10
themselves. The allegiance due to the central gov.
erumeut is an allegiance represented by and CORES
pundrnt tn the limited authority aud powers granted
Ia that central government Ia the order of time, allie
glance WAS frs, due to the States There is
sury conflict in this allegiance. The blended dominica
"i State und the general government, when fully ap.
precia'cd, conscientious and harmonious. But, in
the natural older Of ,h.ir growth and the develop
nent at the Intellect and the affection. the State
stands first Our comprehension first takes in the al
tar ui home, and our affections are first evolved at
tho feet Of our parents. The circle cnarges, and we
finally embrace the Union. And like all circles of af
iectIun influence or inntirr rs it widrns from s
;re il wcak.'s al i!s circumference, bat at my pOin!
O its expansion the storms and tenpests of lanatciSm
and passion may sweep away It's traces aud destroy
ts lovely aud lust harmony ut influences and proper
tions. The central government IL tie created govern.
n.m,: III" States occupy and preserve the relation
O creators ana 10 these States allegiance is du" of
the character and efficiency indicated. Where We
mike Cur home; wher. we place Our wives and chit
drc: where acquire property where we pre-
s"rve our own happiness. there anirctinnnte ale
glance mist flstrn upon our hearts, and until 'ln tho
list days those parnus times shall come when in the
moral devotion which shall surround us, "inen shall
be lovers If Themselves cOvctnua, boascrs, proud
basphcIners. di1ob"d!rnt 70 parents, uuthankfu un
holy without natural affection, truce. breakers, faSn
accscrI. iucon,intnt fierce d-spisers Of those that
are good traiors'-wlen the Atheist, the Unitarian
and the Black Republican shall unite for the brrnGh
of the, solemn of the Const tuition, anu In"
destruction Of the nhturh! anu ever ihcuhoeHI ahe
gisucc we owe n the State.
III. ,u,n who favor the ancient doctrine of cen
,sIis,n may seek argument for the superior nile
the preamble 10 the Constitution Of the United
States ave the reop." of the United States, Ne. do
urlain and cstabIisllinrgetting the actual soiccsu
that when those words were written, there w"S n"
United S;ai.s--iher. ,rcrr no United States. /; il
mot true that it was mldo or adopted by the people o
the United States; il il not true that II WAS adopted
by n vote Of the people of the States; and the general
expression in the preamble and the claim Of powers,
by npl cation from this any other language IN the
Constitution was. with express intent limited by III.
u,I,, ,nt. nfIn upIt
allegiance preserves its natural and Inherent force
and relation.
EVERYTHING then. which lie reasonable or tends TO
treason, violates this direct and pApable allegiance.
The st section of chapter lO, after defining treason
against the Commonwealth, in the language ot the
Constitution of the United States, adds or "esab.
shng without authority of the Legislature AMI gov
ernment within its limits, separate from the existing
government holding or executing i'll such usurped
government any office, or protesting allegiance or
fidelity t0 il, or resisting the execution OF the laws
under color Of its authority and makes it treason.
The language is clear it is explicit. Ii commcnds
itsslf 10 the well regulated mind. The government
which has been formally established, by the free con.
sent of it's citizens, can only DO modified and altered
hy the like free consent, or by revolution. Every
chunge not produced by such consent IS revolution
is reasun. The State has an Inherent rlgh: to make
il So Its the self defence OF the individual, gepcr-
allied into national defence. The State is unity
lts laws pervade its whole territory and embrace all
lis CliIZcis anu pONeIH dII any ih'pi'h
action or external movement which sets up sepa-
rate State within the State is an usurpation. IL Is
1t is revolutionary. Ii is treason
under any definition of treason which has been Civ
en-. or which exists in any civilized country. No
sensible man who does not cOncede the right TO pun
ish it, The idea of the Stacnplies order, government
obedience. Ii is treason then 10 attempt to set up
State within State. II there are degrees i'll treason,
how much more reasonable to set up within State
blind. ignorant, passionate and fanatcal anarchy!
TO BET loose upon the State and upon mankind peo-
ple incapable Of any order OF government, and Who
10 Judge by the results of emancipation in the West
Indies, would
'hold
Eternal anarchy. and amid the noise
And by confusion stand,
or endless wRrsf
This latter species of treason is provided against in
the fourth section Of this chapter, and both nre pun.
ishable with DEATH The provisions OF the fourth
section are "f free person advise conspre with
n slave to rebel make insurrection, or with any
person to induce slave TO rebel make insurrec.
tion, he shall be punished with DEATH whether such
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