The Kingwood chronicle. [volume] (Kingwood, Va. [W. Va.]) 1861-1861, 1861-02-23

provides not for, but against that thing is
its own dissolution, the anarchic state, the
resolving Of society into its first elements
in short the condition in which South Carroll
ma placed herself few weeks ago, AND NOW
IS (and will remain as long as her Convention
shall be III poarer 0ccor1ling to he, olrn pol,t1-
cal theorists, in which the sovereignty Of the
people is represented III Convention, bound
BY no law OF custom, which may rightfully
do all possible things, may even abolish every
vested interest and invcrt every principle Of
the social order.
The oath taken by the Legislature Of South
Carolina was, III the second instance, imposed
by the Constitution of South Carolina
What was her intent ia imposing it we may
collect from the decision Of her Court, to
which we now beg the reader attention.
4 Convention was called by South Carolina
III November, 1882 In March, 1888, it pass
ed an Ordinance to nullify the act of Congress
called the Force Bill, one clause Of which
Ordinance read as follows I'VE DO ordain
and declare that the allegiance Of citizens Of
this State while they continue such is due to
the said State, and that obe2icnce only and
nllegtuacN is due BY them to any other power
and authority to whom the control over them
has been delegated ~ the State. The Legis
latnre followed this Ordinance By the act Of
December, 1923, which enacted that every
officer Of the Militia hereafter elected shall
take the following oath /, ~ 81, % sol-
cnnly swear that | will be faithful and true
1 allegiance bear to the State Of South Carroll
ma This oath was rendered by Col. Hunt,
Of the Fourth Brigade, to Ed McCready, a
Lieutenant elect Of the Washington Light
i Infantry McCready declined it, went before
a magistrate and took the oath prescribed By
] the fourth article Of the Constitution Of South
Carolina to all persons chosen or appointed
to any Office 1.-THE oath prescribed il thesfor-
mer part Of this article) and applied to Mr..
Justice Bay for mandanus to direct Col.
( Hunt to issue his commission. The case
was brought by appeal before the Court Of
Appeals Of South Carolina il March, 1884,
and argued BY eight Of the ablest council Of
the State All the talent and influence of a
party which formed fye-scvenths Of the State
were brought to bear in favor Of the South
7 Carolina doctrines, which stood or fell with
this case But in vain South Carolinian
Judges paid and appointed b. the State, with
all the warm State partiallties which distin-
g,lish her sons, decided against the South
+ Carolina doctrines, with their coroaries Of
notification and secession.
In delivering the Judgment Of the court in
favor OF the mandanus Justice o Neall said
Treason is 4 violation Of the tie of allegiance
What says the constitution Of the United
States III relation to it? 1t is defined to con
sIst IN levying war against the United States
Or in adhcrlng to their enemies, giving them
aid and comfort If the Government Of the
United States (as We falnlliarly call it, and |
think it really is, is 10 government, but is
a mere agency, II is strange that treason can
be committed against it, Who ever heard Of
treason being committed against the suhordi-
nate parts of i Government? tis one Of the
essential attributes Of sovereignty to punish
/ for treason 4 s'When
the officer sWcars to preserve, protect and de
fend the Constitution Of this State and Of the
United States, is he not sworn to be faithful
and true allegiance bear to the Government
Of the United States It is impossible that
it should have any other sense for any act
which was intended to be the overthrow Of
the violation Of the Constitutional oath
The power Of amendment Of
the Constitution by three fourths ofthe States
has been ~ more than one great name il
South Carolina held up Is the ultimate SOW
ereignty t. which allegiance was due. | think
there is no duty, no allegiance, to any such
ultimate right. But it shows. however, that
q government which can be amended against
our will, and which will then operate directly
upon Us, Is something more than AL agency
! and that it has high sovereign powers to which
/ obedience must b Yielded We have been
told III the progress Of this argument that the
! Government of' the United States was !, mere
league between co-States; iii other words.
that the spirit of the old Confederation exists
in the Federal Constitution, although the
former has been superseded and abolished BY
the latter. We must live in al age Of politi-
cal wonders and miracles, if not natural ones
| confess that | heard with astonishmcnt the
old Confederation lauded as the best Govern
ment in the world. when had regarded it
as settled and given up fifty years ago, as
matter Of history, that it was an impractica-
bic Government.
1t seems to me perfectly clear that the
Government created BY the Federal Consti-
tuition is strictly speaking, a government Of