Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1863-11-16

advert snents for the be1slt & Other IrsSl,S a
well - IN edyestisonehi ~ isemsnta
etanst.oa saea ept real in BY them muSA
1fAdVCFt not 9oedt pani = wi "a VT tteh
dltegt viii te etnserted ant tsEbidsaad charged
Nctits Is iieal alpe ,lIsrs aii a m m
IeAse9 q tnll tatess y ssis4 stI- ffi1
Of SorfaQaS, 60 GENTS eSeh. I nopVlf55o
The OohHksafl0m Kin. ana ReRRonn
ls.l,stsi awhyt tt Should Pass ~
Editors lNttl tliigsnesr: sstia
Iobseryei In your weekly OF the 29ih nit.
that the Senate had passi aconliscation o
bin by y0teiOf l3 TO 8, and that it had
gone 70 the House. IalSOarRad Your re-
marks In opposition to the bill have
not seen the bill, and eah therefore only
gather its scope and purpose from your
remarks and those ofsRgntlemen Of the
Senate. From these ! gafher lie object 70
be to punish those who shall hereafter
commit certain defined ofIensss against the
State Government, by confseAIlon Of all
cluded, though such OfteaderB may be at
the same time hostile "a the Federal Gov
eminent, That our peculiar system OF
dual governments, State and Federal, adj
mits of ottenses being committed against
q State Government, and which such State
has the right to punish egpitdLiy, or 9th
e.rWtse, has been universally recogntzed
and repeatedly decided BY the courts of
the county. s
In the ease of the Stateof Rhode Island
US. Dorr, who was indicted for treason
committed against that State, and tried in
1S42, the point was distinctly made and
elaborately aFgued, and the Supreme
Court .otithat State made the following
decision, viz: Treason against the State
and treason against the United States are
to be distinguished the one from the other
blythe Immediate objscts and designs OF
the conspirators. II the.bloW be aimed
only at the internal and municipal regn-
lations or institutions of the State with
out any desigp 70 distlrnb 1t in the dis |
charge Of any OF its fnnCtiOns under the
Uptted States It is treason against the
of the State only; though IL |
the object be to Spregent It from dis
charging those fuuctiops, as the election |
Of Senator's Or ERei6rbG Of Presi-
denta and =. thA-< ttSa n heaomaa /
treason against the, upiteu aIates. Ins /
power TO provide for the punishment Of this |
crime, the Legisla ~ 10 derives not from the
United States or the people thereof but
from our own people, from the organized
people ofiIhe State. See also, U.
s. Constitution, art. q, 3. 2; Mass. r. s.,
Ch. 123s SEQ. 1 8 New York n. s., vol. 2,
page 656; Act passed by the Legislature
of PenpsylYA lttl eb., 17T9. sec. 3
also, act 1929, sec.s3 z. O. Of Va, chap.
1872, secs. 1, 2, 9, declafink what acts shall |
treason against these states and
prescribing the penalties. Also, Judge /
(of VAL opinion, 4th fuckers
Blackstone, App. page. s2 also, Judge /
Kings (of Pa.) opinion ig the case Of the
Reusipgtpn riots also the opinion of the
Supreme Court Of New York, in the case of i
Lynch; also the case oflShay's rebellion
10 Massachusetts soon alter the ReYoIu-
tioperyr War where 1t persons were
of treason against the State
Also Wharton, Am. Criminal Law, page
5s2, Title Treason, and the cases there
to. -
Itany qnSstion has been judicially and de.
finitsly settled in this country it isIhis. The
doctFtue broached recently By some gentle
men, that inasmuOh as 6aeh State is IN inte.
grail part ofthe United staes, any treas0na-
BILE law, though aimed sole yand exclusively
at theistatel lgOVstnnsHt, Without regard 70 Il
its national functions OF duties, becomes
of Necessity, treason Ontv against the Uni
ted States, Is as novel a. Il Is uns0und and i
1t apnIhihtes Rt . blow all
State sovereignty and ethblishes one COM
s0iidated national government, whichIp pos
sesses M Poyereign pQFer; The, most
ultra Of the old FederaiBtB never pretended
ID cIaim sdSh power. But 1 shall not
oopsgpez time pPopq question 80 thor
Oughly settled.
0sTBe Federat G6nsti!dtbn 70 the extent
of hepoWers granted hereby and thelaBs
pGssbd by Congress Il spursuAh6e thereof !
areppqpes ttoaebiy ssnpreIne law Of the
land, eaa wbeneves ~ Federnl Govern
ment moves and acts. within aud 10 aeeor-.
dance Iwithltbese poWlB It is supreme and
the s;ate has g gtys sy; the treason
State aud Federal fOVeFnments4 as has
Yirgfnia dnrtlg The jcesent rebellion, and /
the Federal Government has the eOnstitu-
.tionaI power totake, md does ip fact take,
..6il the offenders prOPrey, hesitate doubt
LESS! would have 90 gtye place, and take
nothing, Bptn IN Ffh ease the Federal
Government, alth6ug6pQ ssiRg the con-
stitntional power, shOld fail % Jake such
offenders property. aaI4Iso 10 cases whese
that government & rttrained by the Fed.
efaF Gonstitntion IN eh cases n Is come
Ipetentl for the State iGssiae and i60nfiscate
1t, Since the Prlsdent has decided,
though i think WFOtf tfally, that the Fed.
etat Government q not the e6nbtitus
tiopal right to foFf$ ithe TEE sigtPis ofthe
offender, even 10 g ghere no legal at
taihdee had 2or could take place, as such
requires conviction treason by verdict
Of q jury and iudhent OF court
which can only happf where the offender
e caught and present co tiFt--t thefsI Iis no
c6fstiIhtfonhl obi 70 The State taking 4
the laeEimple. The edeEal Constitution |
does NOT prohibit the tates takihs Il. The
limitation iJnposea i e3d sec. Sd art.
thereof applies onlyb the legislation Of !
Congress, and e % elress terms confined |
TO tfsas6R qghhlsf ne zitsd .St1fss aud here
only "a eases Of eet aftandsr. BY no,l
! llstate legfsiation. Ilhe trainers had 81 !
Esnosg tAs E.lIsllons nroa 9 The he