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

There is no restraint upon his actions or pur-
suits, except such rs arc self-imposedtby con-
scntiny to become or to remain .Gmcmbcr2 OF
the social or political community;tS5 He is bsth
subject and sovereign. As sovereign he makes
the laws for guide or rule ior} h's own con-
duct, as we'll as for all others: fAs M subject,
he must obey the law OF his own making
This is the beginning the middle anu inc
end and object Of our unexanpled and un:
couallel system Of Govcrnment:S5 This admir-.
able systcin is divided into thrccdepartnients,
each intended to be independent OF tho other
the Legislative, Executive and Judicial. orr
these three, the first is the grcatest-it IS the
law-makiny power; and except so far as It
NAV be limited or restricted BY the Constitt-
ton its powers, in this respect arc said to DC
supreme. But it has no power to enforce its
laws. 1t il the province and duty OF the En-
ccutive department to sec tint the laws en-
acted by the Legislature are faithfully executed,
put in operation and enforced. TheJ judiciary
interpret and cxpound the law. 1t is not the
province of either the inferior or superior
Judges to make or unmakc the laws enacted
by the Legislature, but simply to explain or
interpret, and apply them to such cases us are
properly presented for adjudication when SIT
ting as Court.
With the policy or cxpcdicncy OF statute,
the judiciary have nothing to do. Neither
has the Executive. The one expoundS, and
the other must enforce its execution. Meth
or possesses a reo power No net 0l the Leg
islntulr is presented to either for its approval
Every act of our State Legislature, from
the time it receives the signatures OF the pre-.
siding officers, is Aaw, and ought to bc obcycd
and enforced.
You may doubt its policy-you may Think
that it's provisions conflict with tho Constitu-
tion, but vet obedience is your duty, while 1t
remains unrrpcalcd. But suppose the act IS
in conflict with the Constitulion-with the
fundamental law which controls both the
Legislative and the other departments must
it he obeycd in opposition to the Constitution? :?
This is all assumption We have no right tc
make.
No one citizen or an officer has right TO
pJesuane than IN net Of the Legislature is in
conflict with the principles Of the Constitution.
AS indiriduals. all have the right Of opinion
not only the right to Mnk, but the right and
privilege to discuss freely and fully, from the
rostrum and through the press, the constitu-
tionality. rs sell US the policy, of all acts OF
the Legislature.
More As fircmcn it is ourduty thorough
~ to investigate all such questions, in order
that uun'iSc, impolitic or unconstitutional acts
NAV he repealed or annullcd hut while
do,ibting and discussing. it is our duty. MS
good citizens and public officers, to obey and
enforce the laws.
The wild and mSchievouS notion, now for
a second time prevalent, that any officer or
individual, may disregard or treat rs a nullty
any tar. which, in his opinion conflicts with
the Constitution, is SnbvcrSivc Of MI order,
and is anarhcnl It is not only radical, but
ultra radical 1t strikes at the root Of all ah-
thority. and brings into contempt the tribunal
constituted by the sovereign power to bc the
law. making power of the State.
In the arguments at the Bar, the question
Of allegiance and of citizenship were elahoratc-
" discussed aud as views and doctrines III
relation to each Of these subjects were adj
vanced, not in harmony with the true prlncl-
pies ofour Government, rs conceive, | shall,
at the risk ofbeng considered tedious, present
interesting and vital questions.
Allegiance is debt due to the natlon-to
the Sovcrcignty-andi is inherent and inalcn-
able. 1t is tic that exists between the CIT
izcn or subject and his sovereign, and not be-
tween him and any lesser power; and cannot
be dissolved without the consent OF the SOW
crrign, or, rather, the mutual consent OF SOW
crcign and citizen. 1t is \ mutual, perpetual
and unconditional obligation.
The citizen may riShtiulIy, and at his own
pleasure, withdraw from and dissolve his con-
ncction with any other power. a State Of
this Union is not soyepignty-!s not ns-
tion, and Of itself, or by itself, possesses no
sovereign Or national powcrs-wt one. The
tic between the citizen and Statc. is not,
therefore, tie or bond Of allegiance. 1t is but
an obligation Of obedience. The citizen of
Virginia is bound to observe, obey aud fulfill
the laws Of the Statc-nothing more. lie
can release himself from it without and
against the consent of the State at any mo-
nent, by stepping across the line into West
Virginia, and instantly becomes n citizen olthc
latter State. and ceases to I've citizen OF the
former; and tho debt he owed the former no
longer exists-it is cXtinguishcd. But he re.
mains citizen of the Nahon-thc United
StatcS-from his allegiance to which he cam
not release himself not even by going beyond
the ocean. The obligation to the State, like
that to city. county or other mere political
corporation, is transitory, and may be thrown
Oft and resumed at the pleasure Of the citizen,
and is rs ephemcral in its nature as m cmpy-
rical nostrum while that to the Nation OF
sovereignty is permanent and abiding and in
alicnablc. 1t is born with the citizen and
lives and dies with him. The .ligament is not
broken until tho heart ceases to beat This
is allegiance the other but temporary obedi-
ence to local or municipal. laws. 1t is not
fcalty to u State or local government. but it
is the cord which connects the citizen with
his supreme government; not a hempen or
cotton cord, but cord composed of the heart
strings Of the American people, tied in knot
which the political caslStS Of SO and '99 OF
Virginia, or the yet boldcr and more subtle
sophsts Of South Carolina, in 1881 and 1882.
could not loose or unite; and which the
sword of the traitor chcftuin could not cut or
sever. That is the tic Of allegiance, and that
the bond Of Union. ! ~. ..sa-.v'
Yet, two of the abI,st and most trusted
members of this Bar commend to me Us n fit
and proper adviser and counselor Of the
Court, and as suitable and trustworthy
of, %bo honIcnOD,