The West Virginia journal. [volume] (Charleston, W. Va.) 1864-1877, 1865-11-08


Of the State grants only to the faithful the
honest and most worthy Of its citizens.
The consideration Of the question in this
aspect, to inc, is most painful, and, if possible,
l would have avoided it. Other persons
old ouaintanccs-situatcd us the applicant
is, know how earnestly have advised them
not to make similar application. With the
present applicant, though l have long
known him by sight and by reputation, never
had personal acquaintance. What have
said, and what further may be obliged to
say, must be understood as applied to class,
and not to him personally, but to all similar
ly situated. =. -. .-...... 49,. -.
Eight years ago, as VIC arc informed by "
Judicial certificate, he was man OF honest
dcmcanor. lie was examined by three Judges
as to his qualifications, and commissioned by
them to practice law in all the Courts Of tho
Commonwealth Of Virginia. and afterwards
took the several oaths then prescribed by
law, one Of which was an oath Of fidelity to
tho Commonwealth.
Four years ago he ahjurcd his allegiance to
the Government Of the United States, and
not observing his oath Of fidelity to the Com
monwealth, rendered his allegiance to pre-
tended government hostile to the government
Of his Country and Of his State, and armed
with a commission from that pretended gov
crnmcnt, for four years wngcd bloody, re-
lcntcss and most cruel war against his coun-
try and his countrymcn. Now, to use the
language Of his counsel, he is whipped" aud
has submitted. lie has taken the Amnesty
Oath, and is entitled to q free pardon and
restoration of his rights Of property. Forgive
him and all who like him have submitted /;
forgive them freely. and forget, il possible,
that they ever struck Mt the nations lite.
But reward not trcaSon-trcaSon confessed
in open Court by bcstowing on him exclusive
rights, privileges, immunitics and powers,
which loyal men can only acquire by produc-
ing indubitable evidence Of their trustworthi.
ncsS When he finds what he has lost, rccov-
crs what he has thrown away, md returns
here with the proof of its recovery, 1t will be
tine enough to consider further Of the appli'
cation.
But to return TO the question Of allegiance
Neither of the counsel seemed willing to drop
or surrender the prctiXes--by some means
they have got ii into their crccdS, and they
adhere to them with as much tenacity as II
the stability Of the government rested upon
thcm-Primary, Secondary allegiance! Why!
Ary arc not constitutional terms. There are
no such words nor any Of cQuisa!ent import,
in the Constitution Of the United States, or
in any State Constitution.
W,gdcd allegiance is term invented by
Southern politicians and statesmen, upon
which they erected their doctrine Of secession
"rhcrc is divided allcgiance-onc to the
State and another to the United States" was
their political axiom. Which was primary,
and which secondary? Primary allcgi-
ancc, we were taught, was due to the home,
to the State Government mud Secondary al
lcsiancc to the United States. But our
learned counsel insist upon tran$p0Sition ot
the terms. Who shall bc the umpire Cal-
houn and his disciples tell us that each State
is its own umpire. 1t is said at Bar that the
Supreme Court of the United States is tho
final arbitrator. lfyou do not admit Mri-
,iei allegiance. you want no umpire. Csr no
terms but such as arc employed in the Con-
Sttutiun or laws of the country, and You will
ut once strip the question Of all the sophiSInS
that political caSuiStS have thrown around it..
ErpuMge the adcctiycs, and YOU have nothing
left but :" allcg giancc"-the single, plain, ID
tcligiblc word, allegiance. Define the word,
and there can remain no doubt upon the qucs-
ton. Allegiance is that perpetual duty rhih
each citizen oces to his Country. 10 his
COuntyy-not to his Township, to his County,
or to his State. Then we have no occasion
for the words, primary, secondary, or para
mount and subordinate. They are all inter
polations, and ought to be discarded as well
from our legal rs from our political vocabulary.
Again, for want 10 be understood on this
point: Allegiance is not shifting, transitory-
due to ono power to-day, and to another to-
morrow; to-day 4 licgc subject Of West
Virginia, tomorrow Of Ohio-hc is citizen
of whatever State he may be in for the time,
and muSt obey lis laws.
Physical 1:ien:c treats Of simple end COM
pound substances The chemist can analyzr
the latter--take it TO pieces, separate tho
parts but the former is indissOlublc and
ind;vSiblc, because it is but simple element.
So in law, allegiance is but simple element.
You cannot analyzc it; you cannot divide or
separate it into parts, without destroying il,
MS YOU can water or any other compound sub
stances. In its very nature, it is indivislblc.
The politicians and statesmen, If YOU please,
of the South, aided by their generals, their
engineers, their chemists, and alchemiStS,
criIcibleS, and all their Internal machinery,
with thousands and tens OF thousands Of cur-
min. and untirins workmcn, tried night and
day, for four long years, to analyze it, but it
could not be rived, or melted, or broke:
neither fire, nor water, nor powder and ball,
nor the SHOWS of winter or the heat OF
Southern sun, could soil or Llrmish it. 1t
was proof against every test. and the expert
mcnt was abandoned in despair; aad the ely
ilizcd world, as we'll us the daring experiment
talists themselves, were forced to confess that
in America, allegiance is tr3th; All element
imbcddcd in the hearts OF American citizens,
where it will remain so long rs liberty has q
home. or frccmcn resting place.
The loyal citizens. in political sense, con.
stitute tho penp!s ofa State. lie only Is loyal
who owes and yields obedience, and supports
and defends the supreme power in a nation.
For allegiance, in q technical, US well as in a
political sense, is the acknowledgment and
the faithful observance ofthc obligation which
every citizen or subject owes to the sovereign
OF his country; whether that sovereign b"
prince, monarch, or-the people.
Protection to the citizen in all his rights
and privileges, is tho corresponding or rccipro-