Daily national Republican. [volume] (Washington, D.C.) 1862-1866, 1864-01-22
TUE STATS OF THE sTArEs-ANp
DISTRICTS IN REBELLION.

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Before proceeding TO announce the opinion
OF the court, II Is proper to remark that In this
stage OF the case We propose TO waive the
| question OF equities merely arising out OF the
alleged guarantee of certificates by the city
| corporation, and reserve that for our dctcrmi-
nation upon the final hearing, because the
| result 10 which VIC have now arrived docs not
involve the final adjustment Of the equities of
| the case. We cannot shut our eyes TO the fact
that the questions involved arc thick with
techpieal difficulties and with those embarrass-
mcnts which viii inevitably grow out Of the
exercise Of doubtful and extraordinary powers
on the part of corporations. But VIC think
mere technicalltlcs should be subordiuatcd to
The great principle Of right aud tho Important
intercsts which 1t ought 10 bc lhr ldIy and
purpose Of courts to protect.
| ]. The first question 10 be detcrmincd-that
which, Indeed, lies in the very threshold OF our
inyestlgation-is whether the eomplainants in
this cause, the Washington, Alexandria and
Georgetown Railroad Company, as the ycri-
table representatives Of the Alexandria and
Washington Railroad Company, have any legal
| existence, which can entitlC them 10 invoke
| the Intervention of this court TO uniuin a sale
| OF the road by the trustees named In the in
strumcnt OF writing purpOrting 10 be deed Of
| trust executed By the last named COMPANY 10
| secure the payment Of tts certificates Of in.
debledness. For IL the cOmplninanls do not
possess that legal existence and that repre-.
| sentative capacity, there l. an Cud OF this case
at once and the Injunction must be dissolved.
II Is urged In argument here with much force
! 10y the defendants, that the cOnplalnanis do
| not possess this corporate and representative
| capacity because the court, through the action
Of which their right to corporate existence is
claimed 10 have been derived, was judicial
| nonentity by reason OF the pretended secession
ofthc State Of Virginia and the political snarchy
growing out Of the rebellion which ensucd
| & Al al. r
Virginia were distinct, separate and indcpen-
dent Sovereignty, although disconnected With
the Federal Government, and involved In a
| state Of civil war and anarchy--if It's citizens
were not also al the same time citizens of the
Federal Government, a paramount sovereignty
| to which they owe paramount allegiance and
from which Is due to them the collateral Obll-
CATION OF paramount protection, there might
be potency for conviction in this argument.
But, however such a doctrine NAV obtain
among the misguided disciples of the South
Carolina school Of politics, VIC take this occa.
sion TO proclaim our utter want Of sympathy
\ with any such distinctive dogmas.
The pretended right Of secession professcs
and can have no other foundation for its phi
losophy than the false and scnsCless theory that
our National Constitution is a mere league be-
tween the several States, each OF which has
still preserved TO ii Its entire, absolute and in
dependent sovereignty without being amenabls
idea is as fallacious In principle as Il would, II
true, be destructive TO national existence. The
Constitution Of the United States was formed
by the whole people ofthO entire nation, acting
Il 10 true through the lnstrumentalitles ofstatC
Legislatures and Conventions, but nevertheless
| by the people and for the people of the whole
country and the very terms Of Its construction
| stampn with the character and nature OF u
single national government, in which all the
people of all the States collectively arc rep
III ~.
as States, but directly andindlyidually affected.
To admit the right Of secession is, therefore,
simply to admit either that the United States
has no national existence or the still more alb
surd and monstrous proposition that even the
very smallest part of the nation embraced
within the limits of State lines NAV al pleasure
Tightfully destroy the entirety and existence Of
the most powerful and bcncfccnt nationality
proposition which, pushed 10 its logical aud
Legitimate conclusions, would GntitlC counties
10 socede from States, townships or hundreds
a from counties, and individuals from townships,
and resolve society into its primitive chaos and
! confusion The true theory Of our Republican
system, in our opinion, Is that the Federal
Government, through this energies and opera.
tive vitality Of the Constitution and its direct
. relation TO every individual citizen, Is carried
down ~ the last nOghborhOOd, and Is the in.
esLimable birthrlght Of the least aud humblest
citizen OF the Rcpuelicj that tue Constitution
c Of the United States entities each citizen Ul
e the Union not only TO the privileges and pro.
r lection OF the General Government but that
by reason of lie potency, tho privileges, righls,
and imInunlties OF The constitution aud lave
OF particular state, and the functiUnuriCs uI
!, those State lave are pRIi and parcel If his
Federal protection.
Whilst VIC fully lCknUN ledge this citizenship
of the Individual in reference to State govern.
mcnt and the fcalty, imposed by that relation
of citizenship, 10 the State, within the compass
of Its existence for domestic purposes, cannot
, be that any citizen Of any State Of this Union
is too humble 70 demand protection by the
power OF the Federal Government or that the
: laws Of his State were not iu-t rs much part
| OF his Federal clothing as the Constitution aud
laws of tho Cnited States. lhc 80 called scCuB
sion Of the state Of Virginia dUV- not affect 10
destroy the State constitution, 10 repeal the
b State laws, Or dispose Uf any uf The public
funCtlUuarics charged with their execution. II
was All act OF unconstitutional violence against
Federal supremacy, entitled 10 consideration
D no further than the force Oi arnIs with which
f II was supported compelled acpuiescenCC. To
hold that IL extended beyond ltG prUlCssCd pur-
pose Of dYorcing State from the Union ould
be 10 become accessory to the rebellion after
tho fact and tU give legal sanction 10 anarchy
not even contemplated by the blind aud irCnliCd
architects Of treason themselves when lhcy in
augurated riot and blOOdshcd ut Richmond m
, the I1lh Of May, 1861.
1t 10 the first duty Of Judicial trlbuuala u
sustain existing laws us a guarantee UI public
security and the protection Of private personal
right. To hold that Virginia, on the 18th Of
May, 1861, was without municipal law by
reason Of political violence, would be TO reverse
the rule Of duty and make courts to zlt fdr the
destruction Of those Objects; and, In this n.
stance, tho destruction Of the rights of partl c.
in no wise implicated in the anarchy which
prevails Ia that devoted State.
In the utteTancC Of these convictions, the
Court does not mean tU be understood as saving
that the rights of citizens arc not qualified by
acts Of political necessity. Iii be aHclllary To
TO the reduction OF this wicked rebellion that
ships should be sCuttlcd, or mansions burned,
or whole districts Of country made dosolate,
and personal property conhscatod from the
highest TO the low est type, II is unqucstiOnably
the constitutional right as II is the legislative
and the executive duty Of the Government to
sweep the seas and desolate the falrcst fields
and cities that ii may save the life of the ma.
tion and restore the Government TO It's former
peace and prosperity. Innocent people may
perchancc bc involved in the ruin; and If tho
ruin Ofproperty should result from the inter.
yentlon Of the Government Tor the restoration
of order, the Government 10 responsible and
ought 10 indemnify the innocent lOr the inu-
rics which the necessities Of the country NAV
hos n,,t a.. =