Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1861-01-09


In investing this government having n
freed seat of authority, with powers to
carry out the great ends for which it was
formed, it became necessary TO define and
punish treason. That is done in express
terms Now here let us pause Ii, ac-
cording TO the South Carolina heresy. the
States are the only sovereigus, if the Cen
tral Government is mere agent, bow
does It come that treason is provided for
against the United Stutes? According To
the law OF nations, treason can only be
committed by subject against his soyrr-
cign: and the Constitution saws that trca-
son against the United States Shall consist
oHtg in leTying war against THEN, or in all
herring to THEIR enemies, giving THEM mid
ana comfort. What does this mean. if it
does not mean that, within the scope of
the delegated powers in the Constitution,
the United States were to be regarded MS
sovereign and supreme, operating, in fact.
to the exclusion of each State Constitu-
tion, in case. of conflict, and directly bind
ing ON each individual citizen.
Luther Martin was the only member of
the Federal Convention who seems to have
had an ultimate forecast of the legal re-
suits of these relations, and in his letter
to the Maryland Legislature, essaycd to
avoid them. Let US see what he saws
His prcscicnce seems a most curious ms
sage in revolutionary history.
"By the third section of this article it
is declared that treason against the United
States shall consist ill levying war against
them, or adhcriuS to their enemies and
giving them aid and comfort. Bytb prjn-
clplcs Of the american ReUolutjon, arbitrary
power may and ought to be resisted. even
by arp:S. if necessary. The time may
come when it shall be The duty of State.
IN order to preserve itself from the oppres-
sion of the general government, to have
recourse to the sword, in which case the
proposed form of government declares
That the STATE, and every one of its citi
zcnS who act under its authority, are pnil
ty of direct act Of treason reducing bv
this provision the different States to this
alternative; that they must tamclv Weld
to despotism, or their citizens must opnose
1t at the hazard of the halter if unsuc-
cesstpl; and reducing the citizens of the
State, which shall take arms, to a situa-
ton in which they must-be exposed TO
punishment let them act as Mcy 1rHi /; since.
II they obey the authority of their Stots
government, they will be guilty of treason
against tho United States if they ioin the
general government, they will be guilty of
treason against their own State. To saw
t"S NiI'"ShS VI tHe eTCSpecttCc NtGteS from this
disngreeahle dilemma, andto secure them
from being punishable ns traitors to the
CniLrd States, when acting expressly in
obedience to the authority of their own
State, wished to have obtained, us an
amendment to the third section of this ar
ticlc, the following clause:
Provided, Tint no act or acts done by
one or more of the States, against the
United States, or by any citizen of any one
IF the United States, under tie authority
n case Of 1rar beng revTed by ohc OF more !
of the States, against the United States
The conduct of each party toward the
other, aud their adherents respectively
shall he regulated by the laws of war, and
Of nations.
But this proyision,was not edop,ed, being
100 much opposed TO the great object of
many of the leading members of the con-
rention, which was by all means to leave
lhe Stntes at the mercy of the general gov
since they could not succeed in
their Immediate and entire abolition"
We shall conclude this branch of the
subject in ournext nnmber. CuRTIus.