Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1861-06-18

4
for him TO come here, hut will meet him ut
the top of the Alleghenies, and at the tap
of the drum, and at the point of the bnyo-
net will welcome him to u grave that he
has merited for his treason heretofore -
There is II spirit abroad in Western Virgin
4 in that will support the Cove nment of the
United States, that will support the rights
and interests of Western Virginia, and that
will support the action that this COnven-
ton is expected to take here and now. 1t
is necessary, absolutely necessary, that we
act rs quickly as possible, TO provide for
eur security of life and property, and inau-
gnrNte law aniPorder. Let me give you an
example of the condition of Western Nir
GINA, as showing reason why we should
act and at once. Take the counties of MAJ
rion, Taylor, Barbour aud Randolph. The
Judge, Prosecuting Attorneys and Sherifs
of all those counties have Joined the seres-
sion army, and left the people without the
protection due from them in the exercise of
their offices. Such, presume, is the case
with many other counties.
Let us 60 forward then with our pro-
posed work. Common sense suggests it,
the emergency demands it, and the time
and the circumstances with which we are
surrounded warrant us in carrying it out,
may demand that We should do so.
1t has been said by some that this is re-
belliOn that it is setting mp n separate
government in the State of Virginia. But
sir. l contend that this is neither revolu-
tiOu nor rebellion. It is merely doing
what weRre hound to do in this exigency,
for the protection of our lives and proper
". Rebellion implies guilty knowledge
aud intent against the law and authority
of the land, Murder implies guilty in
tent on the part of the party who commits
H..
with malice Nfopethought to take the life
of his fellow man but the man who is
canght in an exigency and meets his fell
low man who attempts to take his life, if
he defends himself and kills his assailant,
is not n murderer. He merely acts in self
defense. There is none of the attendants
of murder attaching TO the transaction. He
is simply doing that which is necessary to
protect his life. -..a.
So it is with our action here. The Con-
stitution Of the United States guarantees
to every State land, take it. only to the
loyal people of that State,) the right of
republican form of government. Our
Declaration of Rights of the State of Vir-
ginia, declares that the people have the
right to peaceably assemble and to alter or
amend their form of government, when it
may become necessary. Now, sir, this ex-
igency is upoI us The Government of
the State is in rebellion against the United
States-Against the laws and the loyal
people of Virginia. We, representing
the loyal people of Virginia, are bound
to take immediate action to protect
their lives and their property. We,
then, assemble peaceably, in this ex-
gency. We assemble lawfully, being
sent here Icy the loyal people of Yir-
giniR, according to the mode prescribed
GnOVanfinu it,t, thf,
in May last, to do whatever is necessary
TO be done for the safety and protection OF
the loyal people of Virginia. And, sir,
would not he afraid to-day to place my
position and that of this Convention, for
legality, and to stake my life upon it, be
fore the best jurists and statesmen in the
civilized world, who understand anything
about constitutional liberty, and the facts
with which We are surrounded, and risk
their decision. It would and must be in
our favor. Renson, common sense, prece-
dent, everything. justiies us in carving
out this proposition. / find, sir, q high
precedent in looking into the acts of our
fathers in the time of the revolution
when Lord DumOre left the seat of Gov
eminent of Virginia aud went on board
the man-of-war, with his COnncil.
Speaking of the power of the President
OF the United States to decide which is the
trne government, where there are two gov
ernments in State, and one or both of
which claim the protection of the Presi-
dent under the Constitution of the United
States, Chief Justice TaneY says /:
1t is said that this power in the President is
power may be abused II placed IN unworthy hands
But It wonlh be itficut we think, to point out any
and 1.-THE same time more eHOctual When citizens
OF the same State are IN arms alnst each other and
ihe constituted authorities unable to execute tile
prompt or It Is Of little value The ordinary course
OF proceedings In Courts Of Justice would be utterly
nnht Tor the crisis. And the elevated office Of the
President chosen he Is by the people of the United
States aud the high responsibility he couId NOT fail
to feel when acting in n case OF SO much moment
appear to furnish "a strong safeguards 0gaInst iIfi
abuse OF power ms human foresight could well I,rU-
vide. Al all events 1t is Conferred upon him by the
constitution and Laws Of the United States and
must therefore be respected In its judicial tbunnl
Bee Howarri's II ports, vol. I. page44.
But our action will be submitted to the
President and Congress, for their recogni-
ton In looking into this subject, / find
1t mas been distinctly decided by the Su-
preme Court of the United States, that
where state offacts like this exists-that
is, two governments in one State, they NAV
both, or one of them, submit their claims
to the government of the United States,
in which case the President decides which
IS the true government of the State, from
which there can be no appeal.
Congress has only TO see that the govern
ment so re cognized is republican In form.
insure and satisfied that the President and
Congress must and will recognize US
as the rightful government of the State;
and will not only recognize us, nut
viii applaud us for the course we have
taken, and see THAT we are sustained in
carrying 1t out How could the President
or Congress doubt on this subiect2 To do
so would be to say by the forms of law
that we were bound to lie till our hands
and feet were tied; until our property was
taken from us, and ourselves swung upon
the gallowsl Gods law, Natures law,
mans law never did impose any such obli