Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1863-07-16

ginlh3 these rangers were seiZinR its officer
and carrying them to Richmond to be trieC
for treason. Numbers of these officers hat
died in prison, and more than 400 Iowa
men and women remained iocarcerated a
Richmond and Salisbury, N. c., on the ls
of February last. All efforts for their re-
lease had been of no avail.
The General Assembly of Virginia. OF
the Sd of February 1853, passed the follow
ing Act: (after reciting in substance, in 4
preamble, the above statement of facts.l
al. Be il enacted by the General Assem-.
bly, of Virginia, that the Governor of thi.
Commonwealth is hereby authorized and
requested in all cases of the seizure of the
persons of loyal citizens of this State, BY
any parties acting under the authority of
the so.called Southern Confederacy, the
pretended government of Virginia at Rich
mond, or other military organization acting
in sympathy or concert With them, to seiHe
and hold as hostages for the safe rendition
of such person or persons so seized and
held, SO many persons Of known disloyal
sentiments as in his discretion may be ne.
cessary to effect said rendition, sTsi......
g. This Act shall be in forOe from its
PASSAGE gs ao.5-.- ..... s... '.lI..
A copy Of this Act was furnished the
President of the United States, and de.
termination to enforce it by arresting dis
tinguished hostages ON both sides OF the
line by the Executive of State, was made
known to the ConfedeTAtes at Richmond.
The result was, that upwards Of four hun
dred loyal meu were released and returned
home, and future arrests Of officers of the
restored government stopped. They re-
tained, however, Mr.. TFahsTn, Sheriff Of
County, aud few others. So
muCh for the good effects of the law.
Judge jackson says the law is uncon-
deny it. Self preservation
is the first law of our nature. The e1-
istence Of the restored government was
by the kidnapping of itsofficers
--a rebellion was in existence 70 overthrow
both the State aud Federal governments
rebels were in our midst denying the au-
thority of both. The Judge, to support
his assumption, quotes from the Federal
the clause which declares that
''no person shall be deprived of life, liberty
pT property without due process Of law"
deny the applicability of this provision
In this case. a
The Congress of the United States pass
I'D an act in the early history Of the goV-
authorizing the President to ar
rest aud copAne, or aend out of the country,
any citizen or subject of foreign State
with which the United States were at war.
The General Assembly of Virginia passed
, similar act, authorizing the Governor to
DO the same. This act was passed previous
10 1890, and it has been the law of Vir-
yinia ever sinceaeopied Into ell the codes,
and ia now found in the statutes of the
State. This law, in both cases, proceeds
upon the fundamental principle tfor It Is
found In the law of nations, which is the
law of nature) that no person has any
rights in State or nation who owes his
to another State or nation, which
10 at war with the nation where he claims
his rights, Itis only asserting the principle
10 snother form, that allegiance and pro-
lection are inseparable; and where 9 man
refuses allegiance he certainly has no right
son admits this principle in the conclusion
Of his argument, when he says, that "whiIe
the citizen has right to appeal to the
Courts Of the country for protection, he
has reciprocal duty to perform; and If
he fails to discharge that duty, the goVern-
ment has a right to demand his most earn.
est support" That view Of the case re-
CURED Thompson to take the oath Of alls-
glance, which he refused to do; and ask,
what right has q rebel to the pFatectioa Of
q government Vhe 10 attempting to over
throw that goyeEnmentP ....
It is the highest duty of State to pro-
tect its loyal citizens. Their allegiance is
based upon their protection; and where
the disloyal have engaged 10 open war, Il
is the duty of the State to protect, though
it cost the life of every one of its enemies.
If it has the right to protect by killing Il
certainly has the right to protect by seiz-
ing and holding as hostages, But, SepoFd-
ing to Judge JAckaon'S idea, all our laws
the Executive Of the State to
call ont the militia to suppress insurrec.
tion or rebellion are unconstitutional and
our riot law, by bis Feasepiag, is placed in
the same category. Listen to the follow
ingi cit 10 true the State possesses the
inherent right of self, defense; but NO
State, under our Consutntion, relies upon
her own natural and inherent right for
defense" These propositions may be used
for one thing OF another and they serve
to illustrate that the Judge was bewilder-
ed and did not understand his subject.
You will observe that the act passed
Feb. Sd 1853 authorizes the arrest Of dis.
loyal persons. II requires no writ, process
or commitment. When 9 hostage is arrest.
ed, the State courts are open TO him, and
he can base his application for discharge
on any one or GH Of the following Fes-
soma let that there ia no loyal citizen OF
the State imprisoned by the rebelsj cd
that the hostage is loyal citizen;, or Sd
that the Law is unconstitutional. The Cir
Quit Court of the State will hear testimo-
ny on the frat two, and consider Of the
third. II it decide adversely 70 the Appli-
cation, he can appeal. There cannot,
however, be shown case where the Unit
ed States Court has inttFposed when the
party was held by StGts authority, without
The party had been npreyiOnsly acting under
United States authority, and for that was
detained By the State. Under such cir
cumstances the court protects itself and it's
process. S no1l auub a1ibsE saaN 81
do not desire to trouble the public
With the details of this case. Ny answer
filed in court, to Whiohsthe Judge alludes
in his published opinion, gives the facts.
In it, state, that Thompson was detained