The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1865-05-26

as initiated by jefferson aud Madison
who had become the great apostles Of the
party. By them We learn that the Con
stitution of the United States is aeons
pact between sovereign States, each
State acting for itself as an integral par
ty The powers granted were merely
delegated powers, To he exercised by
common agency for the comman weltars.
To avoid future misunderstanding, !, three
of the States, in their articles of ratiiica-
ton, expressly reserved the right ~ rs.
sumo the powers delegated whenever
they believed they were not used Tor
their advantage On the subject of trea-
son. the United States conld declare .nr
act treason, except the making war upon
the United States, and the giving aid and
comfort to the enemy. Each State. how
ever, being sovereign and jhayIng alatSer
scope of powers, coald declare almost any
act treason; refusal to bear arms IN
defense, to return home when required to
do SO, to bring into the common treasury
any proportion Of the property required
of each citizen We were both North
Carolinians Whsn she refused to r'stifv
the Federal Constitution, We remained
| ONCu Jul aiCSiNuNN =" 49,
State, and were bOund tn obey her orders
By her act of ratification afterward, she
made MS citizens of the United States -
In consequence of her act aud in obedi-'
ence To her order, we both were bound 10 .
obey the constitutional laws and regula'
tons of the United States, and IL either
of us had been guilty of resisting the
laws with an armed force, We would have
been guilty of treason, because we acted
as individuals OH our own responsibility
and by our own mere motion. and the
laws of the United States operated di-
rectly OH individuals, and individuals
only But, on the contrary, If North
Carolina, acting in her own sovereign ca.
pacity, resumed her delegated powers for
any cause, and then ordered us to take
up arms in her defense, obedience to her
order might be construed possibly as war
upon the United States, but we would
not he guilty of treason as individuals,
because we would have no volition. Our
act would be the act of the State; and,
if there was any guilt, the State would
be guilty Of treason, and that Is mani
fest absurdity, as there is no legal mode
of furnishing State. And have our in
stitutions been so miserably constructed
as to place the citizen in q position which
forces him to be guilty Of the highest
crime known to law, without any voli-
ton of his own when obedience TO tho
order of one Government makes him
guilty of treason to another2
When Mississippi seeded, felt It to
bo my duty to leave the service OF the
United States, return home, and subject
myself TO the orders Of my State; for
the sacred cause Of State Rights and
State Sovereignty. the doctrine oi the
Fathers, was willing To stake my life,
nv fortune, and all my hopes, Mr.. John
SON thought il his duty, when Tennessee
seeded, to hold Oh to his place, 10 set ~
nought the action Of his State, which
had so often honored him, and 20 place
himself under the protection of the Uni
ted States. lie took sides with power
took sides with weakness. Our motives
are known only to the living God; but
claim to have been honest, selfsacrihr
ing, and patriotic. in the conrse ] p"r-
sued, and leave to posterity to decide,
whether power has been given on Garth
to make wrong right. The fortune oi
war cannot change a.principle, aithoneb
il may revolutianize a government
cannot but think this proclamation
was not intended for me, but IL was ~
furnish an excuse to deal harShly wifL
President Jefferson Davis. A pnrer pat.
rist, a more conscientious Christian, ald
a more honorable gentleman than hs,
never lived in any age OF country. All
he has done has been in the oh"dcncc to
the bshcsts of the Sovereign States con-
posing the Confederacy. lie l"ave', a.
the power and cruelty oi IN, cncmie,
make il necessary for him to loa,". with
tho prond consciousness of haN ing donn
his whole duty
More true 10Y Marcsllus exiiod icai,
Than C9saI with a Senate AT his heel,
The States were once considered SOY
ereignties. and "a such challenged o"'
respcct and obedience Now, after q wa,
of four years of unexampled suffering,
distinguished by fcats Of gallantry that
reflect the highest honor npon the par
| ties engaged, after the two parties have
been recognized by Themselves and by
all the civilized world as belligercn's, TO
conclude the war by simply regarding
| the armies of the United States ~
huge posse c0mitdtns. and the opposing
armies as 30 many fclons resisting arrest,
| is most lame and impotent conclusion,
which will, shock the civilization Of the
age, and render this mighty war trngi.
| cal farce.
There was no need Of Offering s25,DU
reward for my arrest If felt the least
assurance Of being tried by the rccog
| nized principles Of law, without q pre-
Judgment, without the arbitrariness Of a
court acting under the instruction, oi
this Bureau Of Military Justice" aud
without contumely, would go in person
and deliver myself up to the proper ia
dicial authorities Until have such an
| assurance, I think ought to keep out
of the way. which no donbt will crafty
my enemies.
With respect, JACOB THoAPsoS.
MAY 10, 1866.