The southern aegis. [volume] (Bel Air, Md.) 1857-1862, 1861-10-05
DUTY OF CITIZENS.

We had commenced an article on the
duties Of o citizentither native or natural
lied, in relation to the allegiance due to
the government, when the following article
in the Catholic Mirror, (Balt.) fell under
our notice, which expresses in such plain
yet comprehensive language our own views,
that we give it nearly in full:
Allegiance and protection, are correla-
tive duties between the citizen and the
government. The citizen must obey all
the orders of the government which are in
conformity with the authority conferred
under the constitution; but be is not legally
bound to conform to any act or order of
the government which is e1tra the author
ity so delegated nor is he so bound, NOR
ally, or by the most enlarged claims of
Christian charity, unless the attempt to
redress the evil, or refusal to obey the Or
der, will probably fail, and thus increase
the grievance.
Chief Justice Marshall, in the case of
Marbury, as. Madison, Cranch 1877, says,
" in declaring what shall be the supreme
law of the land, the Constitution itself is
first mentioned; and not the laws of
the United States generally, but those
only which shall be made in pursu-
ance of the constitution, have that rank.
Thus, the particular phraseology of the
Constitution of the United States confirms
and strengthens the principle, supposed to
be essential to all written Constitutions,
that law repugnant to the Constitution,
is void ; and that courts, as we'll as other
departments, are bound by that instru-
ment."
And the Court Of Appeals of Maryland
In the case of Crane, Us Maginnis, l, G..
and j. 472, in deciding Constitutional
question, said, cit (the Constitution
portions out supreme power and assigns
it to different departments, prescribing to
each the authority it may exercise and
specifying that from the exercise of which,
it must abstain. The public functionaries
move then in subordinate character, and
must conform to the fundamental laws or
prescripts of the creating power. When
they transcend defined limits, their acts
are unauthorized, and being without war
rant, are necessarily to be viewed as NULL
ties" And again in the case of McCul-
loch Us. the State of Maryland, in 4
Wheaton's reports, Chief Justice Marshall
said, "This government is acknowledged
by all, to be one of enumerated powers
The principle, that it can exercise only the
powers granted to it, would seem too APP
parent to have required to be enforced by
all those arguments which its enlightened
friends, while it was depending before the
people, found it necessary to urge"
BY the 5lst section of the Constitution
of Maryland adopted Sd November, 1776,
it was provided, "That every person APP
pointed to any Office of profit or trust,
shall before he enters on the execution
thereof, take the following oath to wit, I,
do swear, that I will be true and faithful
to the State of Maryland, and the govern
ment thereof; and that [ will use my ut
most endeavours to disclose and make
known to the governor, the council, or
some OF the judges or justice of this State
for the time being, all treasons and
traltorous conspiracies or attempts which
L shall know to be against this State and
the government thereof; and do declare,
that no king, prince, or State, hath, or
ought to have, any power jurisdiction, SUI
perlority or authority, within this State"
The present constitution of MARYLAND,
in article l, section 4, is equally explicit,
and provides, that, "Every person elected
or appointed to any Office of profit or trust
under the constitution or laws made pursu-
ant thereto, before he shall enter upon the
duties OF such office shall take and SUBJ
scribe the following oath or affirmation
| do swear or affirm that [ will support the
constitution of the United States and that
l will be faithful and bear true allegiance
to the State of Maryland, aud support the
constitution and laws thereof, &C."
| have now before me book published
in 1919, containing the constitutions of
the several States composing the Union,"
and | lind that in the constitutions of each
Of these States, every person elected to any
9fiice in the State is bound to take an oath
TX support the constitution Of the State
six of them thwparty must also ex-
81 sshd in all, implicitly, take an oath
q allegiance to the State.
The Declaration of Independence in
WIG, declares "iD the name and by the
authority of the good people of these col
opies, + that these united col
0nieS are and of rioht ouobt IN ho frao
and independent States"
{ The second Of the articles of Confeder-
alton adopted on the 18th November,
lit, by the delegates of the thirteen
States, naa ing each of them, declares,
that Each State retains its Sovereignty,
freedom, and independence, and every
power, jurisdiction, and right, which is
not by this Confederation expressly dele
gated to the United States in Congress
assemb,-..." -
By the Treaty of Peace made With
m