Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1865-08-21

article, Will please elevate ms spinal col
umn immedistely. In the opinion Of
some, it means Treason. Here lot us di-
vert and inquire what is treason? The
word has dictionary meaning, and a le-
gal meaning. 1t has legal meaning with
us, derived from the law of England, and
another-its true legal meaning in the
United States-derived from the Consti.
tuition; and this is the only legal sense in
which the word can be applied to any
crime therein committed.
Treason, in thissense, is thus defined by
Webster: y LtN'
"In the United States, treason is confined
TO the actual levying Of war against the Uni
ted States, or in adhering to their enemies,
giving them aid and comfort - Constitution
of the United States.
Many individuals in the United States
have, in the past four years, been engaged
in levying war; one party has been con-
quered, and individuals have been par
doned by the President of the United
States, by what right, no man knows. A
State cannot commit treason. A State
cannot commit any crime. A State can
not be punished for its action. 1t has no
soul, no life, and cannot be hanged by the
neck until it is dead. The citizens Of a
State may be hung, drawn and quartered
il the law has made provision for their
treatment in that manner
But each State of this Union is Pow
er-nothing more. Each State, before
the creation of that other Power, the Uni
ted States, was an Independent Sovereign
Power. Thirteen such, for the common
good, upon the principle of all Govern
mental organization, gave away certain of
their rights to creation of Their, own
the United States. They did it in writing,
and the Constitution of the United States
made the General Government thereof,
with such powers, and no more, as were
given to it by that instrument. For what
proposes they ceded a portion of their
rights to the General Government, and
authorized it to act, one for all, they were
no longer sovereign, but-as expressly
stipulated in the instrument of creation
the onsttution-where no cession O.
right was made, no power granted. thu
States reserved power to themselves
Hence it follows, that where it is so nom
; mated in the bond, the United State
Government is supreme; but where tn
| authority for action does not appear il
that instrument, that Government is as
L it never had been. This is the doctrine O
State rights-of State Sovereignty.
No proposition that we have thus ia
D stated, was ever denied in America, un
: less by some fool who did not know wha
? he was talking about.
The points of dispute between States
, men and parties, in reference to this sub
ject, have been mainly upon the following
: points: aa,
u First.-When it becomes questio
whether the General Government has O
has not the power to enact thus and sc
or take action through the Judicial, Exec
70 utive, or Legislative branch thereof, i
. reference to any pending matter, shall
= be limited to the strict letter of the instrr
ment, or may it imply power to do wh'
" is for the time being demanded by the M
cessity or caprice of party in powe
|. without accountability?
Second.-When it becomes questio
i, whether the General Government has e1
q ceeded its powers, and trespassed upo
70 the rights of the States, or whether
10 State has attempted to trespass upon Il
q rights of the General Government, cede
to it by the States, what power shall d
= eide between them, or can any decisio
:. be made, other than by the result of r
ID sort to arms? .........
u u Upon these questions there always hay
il been and always will be differences
opinion, but that States have rights, mol
but fool will deny.
t..... .----------- $500 ...... -.s
g. The Marriage Relation.
ed MT coIIo,;nr, o.o .nao;,o.n. of H. 81. =