Daily Richmond Whig. [volume] (Richmond, Va.) 1865-1869, 1865-06-21

This clause was inserted in the Federal Consti-
tuition to protect the minority, or the party
weaker In available strength. Mr.. Madison, In
the Federalist speaking OF TINS clause, says:
AT first view it might seem not to square with
the republican theory TO suppose, either that tho
majority have not the right, or that minority
will have the force, 20 subvert the government,
and consequently that the Federal interposition
| can never be required but when it would be i'm
proper. But theoretic reasoning ia this as in
mo t other cases. must be qualif by lessons OF
practice. Why may not illicit combinations for
Purposes Of violence be formed as well by majori.
ty of State especially small State, as by ma.
iOrity of county or district OF the same
State2 Among the advantages Of a
confederate Republic enumerated by Monies
quieu, an important one is, that should popular
instruction happen in one of the States, the
others are able to quell II. Should abuses creep
into one part, they are reformed by those that re-
main sound"
The Supreme Court of the United States, in
the case of Luther VS.. Borden which grew out OF
the DOr instruction in Rhode Island, fully con.
strued this clause of the Constitution. In an
elaborate opinion given by Chief Justice fancy,
he says
Congress, by the act Of February 25th, 1875,
provided that, in case Of an insurfection in any
state against the Government thereof, IL shall he
lawful for the President OF the United States, on
application of the Legislature OF such Stale, or
of the Executive, when the Legislature cannot
be C nvered TO call forth such number of the
militia of any other State or States as may be
applied for, as he may judge sufficient 10 sup
press such insurrection.'
"By this act the power of deciding whether the
exigency has arisen upon which the Government
OF the United States is bound to interfere is given
10 the President. He is 10 act upon the applici-
ton of the Legislature o. of the Executive and
consequently, he must determine what body Of
men constitute the Legislature, and who is Gov
ernOr, before he can act"
In regard to the form of government named in
this clause of the Constitution, the same Judge,
in the same case says:
'Under this Article of the Constitution, it rest
with Congress to decide what government is the
established one in a State. For, as the United
States guarantee 10 each State republican gov.
ernment, Congress must necessarily decide what
government il established in the state before il
can determine whether il is republican or not
And, when the Senators and Representatives. of
a State are admitted into the councils OF the
Union, the authority OF the government, under
which they are appointed, as well as the repub.
can character, is recognized by the proper con-
stitutional authority. And its decision is bind'
ing on eve-y other department of the govern.
rent and cannot be questioned in Judiclil tri.
bunal"-7 Towards U. s. Reports, PIP. ~, 40.
The Chief Justice, in the course of his decision
in the above case repeats the idea that determin-
ing whether the form Of government Is republl-
can in a State, and when 1t IL proper for the u.
States to interfere 10 protect against invasion or
domestic vi ,cnce are purely political questions
the one to be decided by the President according
ID an act OF Congress passed in 1875 tho other
by Congress; and, when decided by these autho-
rites the decision is conclusive and Incapable oil
reversal or alteration.
The President of the United S,ates, as have
already stated, has recognized the executive Of
"a 81 Fnta Nl.ap dfr
full Governor of the Sta'e. BOtn Houses of Con
gress have admitted TO seats in the councils Of
the Union Senator's and representatives bearing
the great re n of the State under my sign manual.
Then as far as the law and the Constitution Of
the United States las interpreted by the Supreme
Court and the acts of the State and the United
States are concerned the restored government Of
Virginia, as established by the Convention which
assembled at Wheeling on the 18th day of June,
1861. is the rightiul and lawful government of
Virginia.
The only question which remains for discussion
is was the establishment of this restored govern
meat in accordance with justice and the spirit OF
our republican institutions! | maintain that 1t
was.
The natural condition of civilized man is in or.
ganized government. Allegiance to the govern
ment is q natural duty OF the citizen and he has
a natural right 10 protection by the government
This protection extends to his property his Iepu-
tatiOn his person, and his life. This right OF pro.
lection belongs to him, not only while on his
homestead in the bosom OF his family, but wher-
ever he may go. Allegiance aud prote .tion are
inseparably connected; AID, as long as The citi-
zen is true to his government the government is
bound 10 protect HIM the obligation and the duty
are reciprocal. When the citizen denies or
negects his obligation TO support the government.
or the government its duty 10 protect the citizen,
the Inidelity reaches the very iOundat on OF So
ciety, and disorder regns supreme property, life
and liberty lie PROSTATE before RIGHTEOUSNESS.
The rights OF an American citizen in 81 tie
are various among which are those under the
Constitution aud laws OF tue United States. In.
cluded are his claims TO redress Of any wrong
done him in any Of the States Of the Union or in
foreign notions as well as the immunites and
privileges of his citizenship, both of the state and
of the United States. These are asserted or re-.
dressed through the agencies created by the Uni
ted States under the Constitution and laws, as a
nation In the state where he resides, his rights
are asserted and his wrongs redressed under the
municipal laws Of his State. Protection by the
government embraces in its broadcast sense the
free use of all the agencies created by the State
and Federal governments for the convenience, the
we fare the protection, and the happiness of the
ci izen in all that pertains to him. For this pro.
lection the citizen is bound to obey the laws, con.
tribute to support the government assert its
rights when in danger, and fight its enemies.
According to the Constitution OF our govern
ment in its broadest sense, the citizens right can
only be fully protected by the exercise Of the
agencies created by the Federal and State govern
ments for that purpose Deprive a citizen OF his
rights TO the agencies created by the State gov
ernment for his benefit, and he is only half pro
tected; perhaps all his power t. assert his rights
and redress his wrongs may be lost.
By the term agencies in this connection EN-
b ace all the officers known to the laws of the
Federal and State governments, as agents and
servants of the people. to perform the public
duties assigned them by the laws. The assistance
or service of these agencies Is one OF the natural
rights of the citizen; and according 10 Oul theory
of government sovereignty resides In the people
and by the exercise of that sovereignty, they
create the Odces and appoint persons TO TIL them,
directly or indirectly
The people of State may be divided into two
classes during rebellion, the one class loyal the
other dsloyal. The loyal ave the true aud faith.
full to the government, the dsioyal, the unfaith.
full and those in opposition 10 the government
The loyal are entitled to the protection Of the
government, the disloyal are not entitled TO the
protection, but are subjects OF the punishment
denounced by the laws against those who dis
obey. The loyal have natural duties and natural
rights The disloyal have forfeited theirrights by
their acts any favor extended 10 them is by the
grace of a benedcent government.
Now, as before, stated, Governor Letcher (whO
was inaugurated on the first day of January,
1861 in May, 1861 with all the officers known to
the Constitution and laws of the State who could
succeed him and nearly all the officers of the
state, civil and military, became dislOyal, and en-
gagged in a rebelliOus war against the loyal people
of the State and Of the United States.
By the third section of the sixth article of the
Constitution of the United States, /. Is provided
that "all executive and judicial officers, bo,h of
the United States and OF the several States, shall
he bound by oath or affirmation TO support this
Constitution" These officers were elected and
qualified under the Constitution of the United
States and the constitution and law, of Virginia,
recognizing the Constitution of the United States
as the supreme law Of the land IL is a Legitimate
conclusion that, when these officers thus elected
and qualified quit their allegiance, and sought to
use the power thus acquired to subject the loyal
people, with their property in the State, to al
legance 10, and the uses OF, foreign government,
their offices became vacant. In our Declaration
of Independence it is stated, in relation to George
the Third. "IIe has abdicated government here
by declaring us out of his protection and waging