Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1859-10-25
A Question of Jurisdiction.

We perceive that the newspapers are dis
cuss!n- a question ot law which has been
raised by the recent demonstration ut IIar-
per's Ferry, and the doub!r offence commit
ted against the General and State Govern
mcntS. To whom, 1t is asked, are the
Insurgents amenabe for the seizure OF Gov
eminent property, and the destruction OF
life on Virginia soil? We answer, 10 the
State OF Virginia uuquestlUnablv. Accord
ing to our apprehension of the facts in the
case, there can be no conflict OF authority.
llarper's Ferry i, not nor has il ever
been military post in the true sense Of
that term.
The site Of the Armory was originally pur-
chased Of John Harper. and other ground
for the purposes Of the Armory has, ut varl-
Gus times since, been purchased from PR
vate individuals by the Federal Government.
The right of eminent domain has never passed
from the State of Virginia, and the employ
ees Of the Government 1T that point, are
amenable TO the laws of Virginia, the same
~ all other citizens, except III certain cases,
wherein the officers or employees OF the Fed
eral Government are exempt everywhere,
from the operation Of State laws. These
exemptions apply only to service on .luries
and i'll the State militia. The State law Is
supreme, and dcprciaturs upon the property
OF the Government have hitherto always been
dealt with by the State authorities. the same
rs if these offences had been committed upon
the rights and property 81 private indlvid-
ual>
The recent outbreak, and capture Of the
Government property, may, IN some sense,
+ hn Tod fr,. m fI,r E..in
eminent: but the attempt to create an i,sur-
rcctlon: the effort to war upon the institutions
Of Il sovereign State: the seizure Of private
property, and the murder of Virginia cti.
Zcns upon Virginia soil, constitute 4 gra-
yer offence against this Commonwealth than
that perpetraed against the Federal Govern
ment. 1t might be 4 question - 10 whether
the offence committed against the General
Government could be made u assume a era
yer aspect than that 81 l depreciation upon
property, but no such dubious ground could
I be sustained III an action brought by the
/ Commonwealth Of Nirginia-the rioters hav-
! ing been guilty Of the three-fod crime Of
violent and unlawful seizure of private pro-
perty; treason 10 the Commonwealth and
murder of her citizens. In this view, they
are obnoxious to capital punishment. and
will, we trust, be 50 dealt with hy the au-
thorites Of Virginia.
We do not ipprehcnd that the United
States District Attorney has any right To con
I duet the prosecution, or 10 act more than Il
subordinate part in the trial.
AT the same time we presume nobody
I would object to see the Federal and State
Government acting in concert, in matter OF
I interest to both: whilst we should be rather
! gratitied than otherwise, at the exhibition Of
Il willingness upon the part of the former 70
exert all OF its power and influence to punish
the fomcnters Of this mischief, and protect, if
necessary. the institutions of State
Whilst we deem Virginia fully capable of
acting III her own defence, and of protecting
her citizens in the enjoyment Of all their
Just rights, it may prove i'll the end. to be Il
fortunate circumstance that the affair has
been 50 complicated as to involve the in
terposition of the General Government, to
protect shareholders from the hostile in
cursions of fanatics from The Free Statcs.-
! II may be wholesome lesson to Northern
cut.throats who, with an aifectation Of phil
anthrophy, would incite the negroes to battle
their hands in the blond of the Southern
people. -Lynchbury Iryiniau.