Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1861-06-12

There would then be case precisely ms
was presented in tue Rhode Islaud case in
ls4i, when there were Two Governors ana
two Legislatures purportink 70 have been
chosen as such in that State.
What was the test Of recognition to de.
termine the lnwf1l Government, Ms betweep
Governor. King and Governor Dorr? The
Supreme Court Of the United States, with
the Southern judges. .concurrirg. has SOL
eMuty laid down the rule in Luther vs.
Borden in the 9Th of Howard. There waa
a eonitct between two porlious of the peo-
pie, 6oth claiming to Eaye the State Gov
ernmenf.
President Tyler. Of Virginia. then Presi-
dent of tie United States, decided in favor
Of the minority Charter Government, OF
Governor King aguinst The majority POpu-
lar Government OF Governor Dorr, and
offered the military and naval force to the
former If needed, under the clause of the
shall protect each OF the States, against
Invasion, and on application of tue Legis-
lature or the ExecItiFe, against domestic
violence" ~
This military Interference of President
Tyler settled the question against the Dorr
Government. 1t was then carried 10 the
Supreme Court Of the United States, aud
there Chief Justice fancy gave the opin-
ion of the whole Court which here
follows literally: aud no sound constilu-
tionnl lawyer can doubt or deny, that if
President Tyler bad Seen fl to have recog
nized- the Dorr Government the Judicinry
would have followed thai decision. The
Supreme Court say: -7'TH. 70 Tt
"The power of deciding whether tue
Government of the United States is bound
TO interfere tin Il case of domestic violence
between conflicting parties of i, Statel is
given 10 the President of the United Smtes.
He is act upon the applicationoE the Leg
islaturc orofthe Executive AMI conseuuent-
ly'he must determine arIOt 600y ofmea consI;-
tHtethe Legislature and tvhois the GoUcTiot6s-
fore hs-c0W act. The fact that both parties
claim to be the Government cannot alter
the case, for both cannot be entitled to'n.
II there is an armed conflict, it is Il case of
domestic violence and one Of the parties
must be IN iNsurrectioH against the lawfal
Government. And the President must
necessarily decide arhich is the Government
and which party is unlawfnIly arrnyed
against it, in order IN perform his duty.
And after the President has actedand call
ed out the militia, his decision cannot be re-
plflced Gy any teyaE tribunal. -r...--.....;
1t is said this pnwer in the President il
dangerous to liberty and may be abused -
All power may be ;,Gusel ii placed in t,n-
worthy hands, but it would be dihicnlt IL
point o8t any other hands in which this
power could ne more safe and at the same
time equally effective. At all events it is
conferred upon him hy the Constitution
mndlaws of the Unlted States, and must
Therefore be respected and enforced By its JW-
dieiat Tribunals.
Here c "a CyrIvn drpiSinD ,-h;.I,
the question as between conflicting claims
70 Government in ;npY State and what is
~ point at.preseRt i has the sanction OF
President Tyler, of Virginia, and of Chief
Justice fancy. Of Maryland.
Apply 1t to Yirginia, or any other State
now in nrms by her rulers, against the
Government OF the United States, Let
Convention be called in Virginia, of Dele-
gates who will sustain "thc supreme law
of the lnnd.' Let them provide for nm
election Of members of tho Legislature and
Governor, and organize the State Govern
ment under the shield of the Constitution
of the Union. $500 .aasI 1851
Who shall resist its functions If
the Seeded Government out Of the
Union, attempt it, the appeal is made
to the President, and lie will decide
''which party is in insnrrection against
the lawful Government" and that de-
cisiOn carries with it ull the Judicial
and military power of the United States,
and the militia of all the States in the
Union, to sustain the Government which
adhereS to the Constitution of the Union.
But il may liC said that tue TevoIted Gov.
ernment ia VirginiR will put down any at
tempt of the Union men to organize law
rul Government. IfsO, the stdOmestic vio-
lence" begins, aud the loyal citizens would
hive claim to he protected in tho free
expressions of their opinions nt the ballot
hox. And If this is in doubt, another
power in the Constitution comes in, name
ly. "The United States shall guarantee
to each State II Republican form of Gov.
crument." asa rt ,-rG.sr sEnFu
. How could State Government that had
gone out of the Union by secession. and
was acting by military power to pnt down
the people who adhere to the Union, bGa
Republican form of Government in the
Union? And il not, then the case arises
of the protection of the whole United
States to the people of revolted State
who adhere to the Union and bring their
State Government under it.
There is another objection; TINT such an
act of tho loyal people of Virginia would
be revolutionary, and therefore we ought
not to put down revolution by counter
revolution in the State. The answer is.
lhatis not revolution which sustains and
upholds The supreme lar Of The land. They
who abrogate TINT law are out of the. pule
OF constitutional protection. They are MT
the government, for they destroyed the
sovereign Government
Can it be revolution to support the Com
stitution and laws7 If those who control
the late Government of Virginia have no
right to Abrogate the United States Gov
erument, they can have no right to supH
press or punish OF interiors With those OF
her citizens who upholdand maintain the
Constitution of Virginia as government
under the Constitution and laws of the
United States? IlE 1ne .rarfr-qg @at
Doubtless it is desirable that clear ma
jUrity should always speak in government,
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