Lynchburg daily Virginian. [volume] (Lynchburg [Va.]) 1852-1861, 1859-10-22
A Question of Jurisdiction

We perceive that the newspapers are discussing
u question Of law which has been raised by the re.
cent demonstration at llarpers Ferry. and the
double offence committed against the General and
State Governments. To whom, it is asked, are
tho insurgents amenable for the seizure Of Gov
ernmcnt property, and the destruction OF life on
Virginia soil2 We answer 10 the State of Vir-
ginia unquestionaby According to appre-
hcnsion Of the facts in the case, there cau be no
conflict of authority.
IIarpcr's Ferry is not nor has ii ever been mill
tary post in the truc sense of that term.
The site Of tho Armory wns originally purchas-
cd If John Harper, aud other ground for the pur
poses Of the Armory has, at various times since,
been purchased from private individuals by tho
Federal Government. Tho right Of eminent do
main has never passed from the State of Virginio.
and the employees of the Government ut that
point arc amcnable to tho laws Of Virginia, the
same ~ all other citizens, except in certain cases.
wherein the officers or employees Of the Fedna al
Government arc exempt everywhere, from tho opc
ration Of state laws. These exemptions apply
only to service jures and in the State mi lita
The State law is supreme, and depredators upon
WAYS been deal, with by tho State authorities. the
same a, If these offences had been committed upon
the rights and property of private individuals.
4 The recent outbreak, and capture Of tho Gov
croment property, may, in some sense. be re, gard
ed rs treason 10 the Federal Governments; but tho
nttcmpt t. create instructions; tho effort to war
upon he institutions Of sovereign State the
cure If private property and the murder of Iir-
ginia citizens upon Virginia soil. constitute IL grn
yer offence against this Commonwealth TINA that
pcrpatraed nganSt tho Federal Governments. IL
might be question ~ To whether the offence
committed against the General Government could
be mn'e i assume grayer aspect than that of IL
depreciation npun property, but NJ such dubious
ground could BE- sustained in AN action Drought by
the Commonwealth of virginia rioters hay
ing been guilty oi the three fold crime OF violent
ami unlawful seizure of private property; treason
to the Commonwealth, and murder Of her citizens.
In this Wow they are ohnoxious to capital pun
is'Imcni, aud will. We trust, be 50 donlt with by
tho nathorit,e. OF Virginia.
/ We d, not npprchenl TINT the United Suites
District At5rn"y has aay right 10 conduct the
prosecution, Vi TO act murc than subordinate paii
in the trial.
! AT the same time, We presume nobody would
object to see tho Federal AMI State Governments
acting IN con :er IN II matter vi interest la hpth
whilst we shanld DO rather gratilicl tnAa oihog-
wise, Mt the exhibition of II willingness ur1n the
part of the Former to exert all o it' plwrs m in
ruence u paaish the iumantcr, OF this mischief
aud project. il necessary. the institutions Of u
State. Whilst deem Virginia fully capable Of
acting ii her own defence, and %. projecting her
citizens in the cni ,yment Of all their just rights
IT may prove IN the end, to be u i3rtunatc circum
stance that the affair has boea 81 complicated A. 10
involve the incrposi,ion Of the General Govern.
ment, to protect Shareholders from tho hoat.l, in
cursiOns Of fanatics from the FREQ States. 1t NAV
'bc II wholesome lesson to Northern cut-thrusts
who, With an ahectation Of philauthruphy, would
incitc thenegroe. t, bathe their han!s in the blood
Of the Southern people.