Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1856-10-14


JUDGE THOIPSON'S CHARGE.
As 4 matter of interest to the Judge himself
his friends and our readers generally, we lay be-
fore them the following structures of the New
York Posi-, upon his recent charge to the Brooke
Circuit Court, and which was published, at the
time, in this paper:-
new light has shonc upon the people of
Virginia. Gov. Wise has found new ally, and
Bolts treason a new antagonist. One Judge
Thompson, of the Circuit Court of Virginia
has brought the judicial power of the State to
the aid of the tre-catcrS, and in recent charge
to the Grand Jury of Brooke Circuit Court has
given a definition of treason which, if duly en-
forced, will make every treo in Virginia blossom
with traitors before the Presidential election.
The Richmond Enquirer states the points of
this charge us follows:
''lst- That treason to the States extends much
beyond treason to the United States.
''2d. That there are other offences besides
treason, in respect TO slave property, for which
culprits may be indicted and fined and impris-
oned.
''Srdly. The morale of instigating such senti-
nents and acts, as the advocacy of Frcmont's
election Involves, is not only portrayed in the
abstract, but a legal application is defined. How
could = man in Virginia advocate, by writing
speaking, publishing, and voting for, the elcc-
ton of Fremont, on the extreme issues against
slavery of Black Republicans, and escape a vic.
iation of our laws? Yet Bolts prociains that
all are free to do SO. He and his followers had
better read this opinion of Judge Thompson"
The Judge Thinks that those whose notions of
treason are limited TO the offence of that name
which may be committed against the laws of the
United States, have but very imperfect idea of
: the real meaning of the word; that there NAV be
treason against state, of far more extensive
and hcinons character than amy contemplated by
the federal constitution or laws He also diSa-
buses the public mind of the impression that
superior allegiance is due to the central govern
mcnt derived from the first clause of the con-
Stitution, that "We, the people of the United
States, &c, do ordain and establish, 81 main
tn!ning that that declaration is SoleciSm; that
when those words were written, there was no
United States; that the constitution was not adop-
ted by vote of people of the states; that the
general expression in the preamble, ana the claim
of powers by implication, from this or any 9TH
or language in the constitution, was, with ex-
press intent; limited by tenth amendment: there
by leaving TO the states enlarged powers for the
punishment of offences against its sovereignty,
even if committed under the authority of tie
general government.
According to his views, it may even be treas
on against Virginia to enforce The laws OF the
general government in that state in certain con-
tingencieS, such, for example, as the election of
Fremont TO the Presidency.
This being promised, Judge Thompson pro.
ceetis to quote the following passages from the
statutes OF the state, defining the crime of trea-
son:
Establishing, without authority of the legis-
lature, any government within its limits, seper-
ate from the existing government, or holding or
executing IN such 0Surped government any of
lice, or protesting allegiance or fidelity to it, or
resisting the execution of the laws under color
Gifts authority"
This, Judge Thompson thinks, includes all
who support the Republican party, for which
opinion he cites high poetical' if not judicial
authority. lie says:
The idea of the state implies order, govern
ment Obedience. 1t istveaSon, then, to attempt
tosset NJ state within state. If there are de-
grees in treason, how much more treasUnable TO
set up within state blind, ignorant, passion
ate and fanatical anarchy? to let loose upon the
state and upon mankind people Incapable of
any order OF government, aud who, to Judge by
the results Of emancipation in the West Indies.
hold
E1sEHaI anarchy, ana amid The noise
As4 ~ essag.is1 stand,
y eitafsEs ~ 49,
e7rsfs Rsfss4 sgsscieS AZ treoao, 10 r,ro-;,lo,I