Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1861-02-05
For nc EHqGiftF:
To J. K. Tucker, Esq, Attorney General
- Tfr.rinIa.

To J. e. Tucker, Esq, Attorney General
OF Virginia.
nr,o s,1. Tn. UNDERMINED have seen published IA =;
Richmond "pssatch" an opinion thai our I"teiH 81.
GERS would vc late their oath OF naiur~sAion y 'oa.
for candidate. advocating scveranee OF 'a
the Cuisu Please give your written opinion o. -.'
Ne'p' LUIS ANTELoTTI,
II. SEAGERs,
JOHN DwiER,
HERMANN SCIUGICHT
LUD. HOVER.
Richmond, Va, Jan. 81, 1861.
RicsxoSp, Jan. 81. sd
GyxrIsuss: Your note submit. TO Eie the !G!io;'.::
inuuiry whether the relation which the La:Gr aise 81 -:
holds the Federal Cn!on by reason OF h' "sh 81 &'
time OF razatiOn, Is different from ihat "le eIsi
In the case Of any native born cit!zen! Ana "he;src
one any than the other, ewes allegiance 10 as u
ted Sa,es-which would make las assent 20 Al "e o. 't
cesrign by state improper or ir-.oaable IN; '.a..
his oath and obligation Of allegiance!
feel no hesitation 10 reply to your question in ';"
that all citlzens native and Ha;uralized SIAM GI7H So
same ba,s 10 their obligations 10 the Fedora! L' Al
are In all pects equal; and that there II n" nA Ma
owu In this country Ms cash OF alley ianc- 20 ,r "
,raI Coyerumrut, to the United States by i0riv
In order 10 his becoming a citizen.
The oath, which the law requires ~ The apPpnctG: -
naturalization, Is "tst he will support e .o'.stf"he,r
III. United Htes and that he doth absolutely and rElfe
r.nouace and ahjure all allegiance and ndrity 10 e'7
foreign Prince, potentae, State or so7rFe'sn "hte'G
and particularly W name the Prince, Potential. state
Sovereignty whereof lie wa. before citizen or sctet'
lie abjurrs all allegiance TO foreign po~e',; %: &c
swears 10 allegiance 10 Tue e'""e"' VI '"F -''''
States
It Is true he .wears supper; the Constitution o:a:
United States, So does every occr OF government! st:
raj and State. But no ever swcar5 d!eSiTre 70 a.
Government Virginia require. her officer. =" swear :
fltlfuL and true 10 tho Commonwealth c( pirgi"m. ;:
not 10 hold allegiance TO It's Government.
The reason Of TIL, distinction Is obvious u i ca:i
doctrine Of our American system that nl eoTerniae';:
"instiued for the common benefit, protection an! 80.
ry Of the people, and whrn government shall hef1iS:
Inadequate contrary 10 these PURPOSES majority o. y:
community hath ndubitHbe, nstlenAbe aud ntrra'
bile right reform, alter or abolish H. In such manner
shall br judged most conducive to the public veal
virginia when she rstIard the Constitution Of Cuir
States declared further. that the doctrine Of nonFn'
tanee against Arbitrary power aud oppression, Is ams':
snysh and destructive 10 the good and hapire. o. ~.
kind"
Every citizen OF Virgins, under these sOlenn !"c!..
tions made when She establishing her liberty Ari
.Iepeni.nce, and when she ra,ifyng the C9ns::
ton must feel that he owcs no allegiance 10 any IA.
Or Of men, who may holt power In the GoTerrr;"'
and that they may be Changed aJ the tiprernGrns re.
selves he abolished, If Inconsistent With the "cIit beng
the people.
In The oath support the Constitution which The a.'
IaizcI citizen has taken, he ID not only not bound 10 al
glance TO tile United States but he Is bound TO support
Constitution against It's violation by the Govcruweat
the United States. The Government In violating The e;
sin or commits treason agunst the States which force
H. II cannot he treason, them In the citizen 10 override
those who traorously violate Constitution which Es
support. On the contrary IL Is his duty AM
Ills oath has any force in the stlrr his sseorn duty
his Staten Hrresing the violation, and In mainsIns -
Constitution against the uIuIping Government "a!
trampcS upon It,
But il is urged Am informed that the natu-alzs! -
zen is citizen Of the United States and no VI 'E.ai
This Is great error.
Every man In Virginia is citizen Of I'll. tn,.t S,.;-
only hs Is citizen OF this State Con:rr'. .,
power 10 natiralire for each Ststc-a power which e"
State exercised prior TO the Constitution Cung--.
each stat. had done previously naturaz-d ior-sEe'
each State and the result IL the in each car ~
foreigner becomes citizen Of the state where be reside
The Inv Of NirYuia maEeS every nasuraliErd cIea ;e
dent In the State citizen OF Virginia.
The Constitution provides, that the citizens G: 'tt'
State shall he entitled 10 all privileges and mnnn''
cItlzes In the several States Thus, the ctiE-n u e4
State becomes the citizen OF every State In regard :" b
lege and mmunity-and may well be called ci,iic'
these United States, becausr e Is native fiau:al
CITIZEN Of one Of them.
Nor have l any doubt that every citizen supports ::
Constitution when he 1nds It necessary to favor 81
hrawaI OF his State FROM Union which has violated.
Constitution.
Each State IL bound to the other States by the bs's,a
the Constitution Each has right TO judge finally F;'i
the bargain has been broken. No Sthtel bound By iy
yan broken by the other parties To dcfcd the Cni9n
such violation Of the Constitution Is to oppusr not .42
port To withdraw from the Union to protsc, ne i
which Virginia has reserved under the Cnnstitu"s'
which violated by the Federal Government, Il tie ~
way 10 support ii lett to the PEOPLE OF the State.
Virginia. when she adopted the Constitution, lrcaec VI
part Of her of ratification that Whenever me poser
granted 10y her Federal Union sin ALL he prrsr''
the injury and oppression 81 Ar peop!.. ho.r po.:n
might be r~scrr,d or rihdrn.cE by her. Tha "htt';
don % her accepting the barry sin. The o'lrc sr-. te
H. and that condition Is, to her, pir Of the CJn'3.
Her r!Sh 10 ~lthuraW, When hcf topic dir "Ifr''''
part 81 The Constitution Of the Cari States iDr Lee ~
they doubt they support 1t when they -"
support her In ttr Size 81 gr.. which >sErri -
secured to her. S"r & IL" rr.Uu ia them 10 otry 81
who created the Government, er than the GoTtraf5-2
which II only her creature. And Il would be :r"s''r 20 q
10 rciise Ia v' her sovereign voice shnuI br I-:N'-
for protecting her reserved rights under III: C"siG3
by accession from Union which vol,frd turn
virginia Is enc Of community Ui states - r., chf-
Is one Of the community Of this State. 50 v'Ir iet"
righ; OF citizen TO withdraw from virgTi1 ~ e,'r'
should Cypress him. Every natura!iz- citizen b., g'''
the bond VI his nrinrr ALT glance To Ms r:
lated or impaired in his native country? anh nj. rsi
so Is recognized and protected by Federal ''or-a
The right Of Virginia secsde from the CH"n e. st"r
~ clear ~. think clearer than. the right Of ri'a
withdraw from his native land. Tha right Of .tr'"F
stnte therefore, stronger than the 4nt u ='p'"'
ton by the citIz-n
regret the lrngth Of my letter. which trG,' soc
excuse, rs drsirrd TO meet the whole dicu. pf''',
hy your Inquiry.
am, very respectfully, your obi se.st: .,..,