Washington telegraph., 1864-08-24
TMpCRTANT DECISION.
~" " @a-At 7 JLO4lJLO4Fs
Ia ;ae Sgprszas CoaT; CJ Arkansas }
State sz. re- the ATTY Gen'l, pro. ter4
Samuel ". Williams

Samuel " Williams
This was au application FOR q writ Of
/ qao wa1ranto against the defendant. to
sllcw by what authority he exercised the
powess and duties Of the office Of Attor-
nay General for the State; assigning FOX
causes,
Ist That the said defendant had taken
the oath of allegiance to the governmUnt
; Of the United States, which said govern
'Dsnt ia al war with the government Of
the Confederate States;
/ "a That the said defendant had Civ
ea aid and comfos; to the public enemies
OF the Confederate States. and the State
Of Arkansas, by becoming candidate
Tor The office Of Judge Of tho Circuit
Court under the authority and laws Of
supposed 2ta.s government organized III
opposition t.. and for the purpose OF sub
vortip8 and pp,aating the Constitution
! ana lsvs of the State
The Court Justices English and Pike
be:ug p-esear) decided that the pow er
resided II the court to issue the writ.
and that tL. causes act forth afforded
proper grounds fJr It's oxercisc The
Wi, was o.asre3 accordingly. and publ
cation ordered to be made
The opinion is 2 very long ana clabo-
rate one. embracing aA the grave and
/ inport2a; points connected with the sub
ject. We give pc,tion ot Il. coucaru-
iag The cath ot allegiance. and therig ghts
aud 05Ngatious CT citizens as affected
thereby. My Justice Pike delivered the
opinion Of the Court
Therefore, ,he State Of Arkansas.
/ hy the grace Of G0d Eree. Severe GA and
Independent, IL the honest aud upright
aud Conscientious discharge Of solemn
AL seccg1 duty u herself aud her pe0-
PIE, ii the .ges uxsgeiss If aauo2eniable
AMI iDaiieua5ie -igl, aud for ample and
s21cient c&Iss, did dissolve by the most
solemn ana formal expression possible Of
hsr viii, her couneLioa and the cUnnoxiou
- a- A9- people wi.h the States and the
p-3r.o CT the State which continued po-
.---c.1-y associated 80 the United States
O. America; aai these aad their people
became Il her and leg people like the
res. Of mankind. "eusmiss IA var" per
a4gs n peace ~ become trends.
Evsry o.t.-53 o. the S5AlU. having az
sh7 uvglun:n5 SURRENDERED II the STATE
:--e power ut dyc,I.r,5 sach questions tor
tin or. boxing through forms TO the
reality, oFe'y citizen having agreed to
execC.ss jl.A:,r with al ;Au States
g,l-y c.t.ze-s. aua by c5r.sia q gc-ts, and
IL 3. certain msunor. and by certain ma
jg..,lg3, tAat power; and the. a.the decision
s. made IN any case should bu his deci.
sion the dvcisi5n oi the State couctudes
him End {; his for all Pr&s,.cGI purposes
that Is. hold wAa. private 0p,ason he
;E2T, he must conform. all his Gct5oag to
that decision, no matter how contrary It
may be to his opinion, or his vote asst eiec-
10. or legislator. NJ protest IN his part
can prevent that conciusi9a- He can only
Ayo.d It's consequences b. removing from
tue State. #, indeed. even THAI wil. release
Kim. lie cannot appeal from the deci-
sion. hocaQBe rAerp IS 10 forum iuto which
70 carry the appe.l
Nor ought h. to b. al!oweJ an appea! :
tor hr might. cu the same ground, claim
the right OF refusing to be bound Jy any
other action IF the stare. Hoi5 corpo-
rat0r--the State is the corporation. He
has agreed tha. lie acts Of the corpora
tion shall be his acts. II that We're not
so, there would b. no cohesion between
the individuals in State, - constitute q
State. There would be 10 government
He helped make or adopt the general
law; and iAat Law nsLke5 what the State
does his act.
He has had the consideration for this.
! in the rights, privileges aud immunities
he has possessed and exercised rs a eiti-
Zen of tie Stale; in oil the liberties and
franchises he has enjoyed as freeman;
IN all the protection afforded his rights
by the Constitution, the laws, the courts
of Justice, and the arms Of his fellow
citizens; IN all the benefits he has en-
loved IN the State, whether Of free gov
ernmcnt. equal laws, peace, unimpeded
access to the tribunals Of justice, security
of property, liberty aad life, the right Of
voting. tae righ; OF free thought and free
speech.
Nor is It Gt to overlooj. the other re-
lati0us ;hat exist between country aud
haT citizens, the other duties owing by
them to her, more sacred aud solemn and
binding than any tina; spring and flow
from contract. For rs neither al nor the
highest or strongest springs and motives
of action. whether It ba individual or na
tional, are those Of interest and selfish
mess, because man is not body alone, but
also living soul, so the highest duties
and loftiest motives Of The citizen arc not
those created by statu,e-law or contract
Honor, loyalty, patriotism, love of coun-
try, are more than that, and yet are
as real as the soul itself II is neither
possible or necessary TO define these re-
latioas. They are felt By the instincts
Of the heart and tho sentiments of the
soul, rather than defined by the intellect
and reason. Ian, savage or semi-civil-
ized, often feels thoIn more strongly, and
acknowledges them more fully, and obcys
them more implicitly than man civilized
into selfshness, instructed By education
enlightened by philosophy. These higher
duties are not without the sanction Of
law. They are iudesd commanded BY
/ !