Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1862-04-16

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Notices for Political Meetings to be charged In all
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OF sermons, SO cents each. nOuv1l-'59
[FOr the Intclligencsr.J s5z
Legality ofthe Restored Govertlmcnt
OF Observation-Disclosures OF John j.
JacksOn1 Sr. Reviewed.
To General John J. Jackson of Wood
COUNTY: - an fi 7lr' 's5 -a
SlR-Aftcr a careful perusal of your let
ter to Wm. +. Peterson of Wheeling, and
approving the temperate and candid man
ner in which you discuss the matters treat
ed therein, awarding you meFited praise
for your loyaltya at Richmond, and conce-
ding the same to you in maintaining and
supporting the Constitution of the Unite
States, huInbly beg leaVe.to say, if am
able to comprehend that remarkable docu-
ment thatiit Is merelya condemnation OF
the action of the loyal men of Virginia,
without Indicating what their action should
have been.
In the discussion of the principles in
volved in the establishment of, the Gov
ernmeut at Wheeling, lay down, us q
premise that in all the powers delegated
by the Constitution of the United States
u LUG EGu6Eul# tuAL EOVGEus
Incnt holds aud has the right legally to cx-
erCise Ihem-anything in any State Con-
stitution, law or OTdiuauCe to thecontrary,
notwithstanding, or in other words, The
Federal Government is sovereign and SUI
premeE and the people of all Ithe purposes
of government as far as the gtahticc po "
ers extend, and that any body of men up-
der Prctext or color of authority, whRt-
ever cannot rightfully submit, amend or
suspend the Constitution or any article or
section, thereof, except in the mode aud
manner presCribed.by the Consultation it,
self. idg5, e4'
If my premises are right, every man in
Virginia was found to defend, uphold aud
maintain tho Federal Gover1ment in the
exercise Of the granted powers. ,is
Let US now state facts. In April, 1861,
body of men in Virginia not regarding
the provisions of the Constitution of the
United States, that granted the power to
make 'war and peace" and to make ''alli-
Ances1 to'the Federal Government and by
positive terms withheld such powers from
theSe States, passed Hn ordinance idtehded
aud meant to subVert aud destroy the Con-
stitution of the United States, and to effect
this illegal purpose, the of cerB who, up to
that time had legally held the executive
legislative and jpdiCiallof ofices of the State;
with few exceptions, with the body of men
aforesaid combined together, linaugurated
war against the Constitution, made alli-
ances with other States in like illegal acts
of war, andscreCted within VirginiaG new.
Government unknown to the Constitution
of the United. States and of tue Constitu-
tion of Virginia, called the "Confedernte
States ofgAmerica,' each and all of which
Offices so-coh6iniDg and making war, took
new and solemn oaths to maintain and
support. the revolutionary, government
they had created, which government and
the oaths to support the same, did not ex-
ist at the time they5were elected to the of
fees they held aud were direct usurpa-
tions of the powers with which they were
not invested, Z and violations of the trash
trial andimpeachmentw was denied the 10y
al people of Virginia, to rid themselves OF
the public servants who had so basely be-
trayed them. In this emergency what was
the loyal and 5ghtfdl cause2 The officers
of the State taking upon themselves Offices
incompatible with Cthc Constitution OF
Virginia, under governments not known
when they were elected, and waging war
against the very government and the very
people they were elected to protect and
defend, operated aslap sbdication Of ithgir
Offices; even if the loyal. maxim that fe bells
have mo political rights did not divest
them of their Official character. Hence il
is plain all those office holders that were
disl0Yal Were in the eye of the law, "fnnc-
lis oftiCiO, the loyal remained in office le-
galIy and rightfully performing their res
Pective duties, but were so few in number
and the disl6yalty had so extensively eff
fectcd the ''personale'i of the State official
" that the fundamental Law. of the State
must be changed in order to put the una.
chinery of the State Government in mo
tion. The minimum to constitute Leg
iSlature must be lowered, aud a new capi.
toll site pro tempOre adopted, because {
majority of the legislative Constituence!
were in rebellion and the State capitol II
the hands OF the insurgents. s' =
The loyal people of the State met ii
/ Convention at Wheeling, All were in
yited-ull that wished were represented
and it is absurd to caVil about the mannei
4 in which the Convention was elected "a
the loyal people have asseuted to and rati
fed its actions, and none but disloyalist
protest gainst the government restored b!
It, save and except the phenomen exhi4
tied by yourself and the remarkable posi-
ton taken by you iniregard to it.
And in this view of the case. which
conceive is the legal and riEhtful yeiu,tAul
the only way in which the loyal citizens Q
Virginia could have saved themselves frou
anarchy and desolation, relieves me from
YOUR dilemma of great complication an