The West Virginia journal. [volume] (Charleston, W. Va.) 1864-1877, 1865-11-08
KANAWHA COUNTY WEST Va WEDNESDAY, NOVEMBER s. 1863

1t il an oblisation-singc, absolute and un-
conditional-paramount, If the word be allow
ablc-ncithcr primary nor secondary. These
adicctives cannot bc prefixsd to the word, or,
il YOU please, to the thing, without confusing
all our ideas and notions Of the plain. simple.
but true and legitimate meaning Of this word
true to the SUPREME po,oer Of your country.
There may, however, be . sort OF local
fcally not conflicting with our national obli-
CATIONS. Such is the fealty due from the
child to tho parent from the wife to the
husband !; from the citizen to hs municipality,
to his Country and to bis State. All these,
in their nature, are somewhat like, but arc
not, in any enlarged sense, allegiance; because
the. power, or powers, to which they are due,
are Nemsares subordinate to the same supreme
authority-the State TO the United States
and the counties, Cities and other corporations,
to the State. If allegiance is comparative
tcrui capable Of graduation you may not only
call it primary, but secondary, tertiary. &c,
on down to the end Of the catalogue. can.
not recognize, assound doctrine, mn interprc-
tation which involves such an absurdity.
A city has its Constitution, and by it's or.
dinanccs, or bylaws, may provide for the
punishment Of crimes and misacmcanorS. 1t
may call resistance to corporation laws treason,
and punish the offender under that name for
the oilensc but calling it treason don't make
it so. So the State may, by m act OF its
Legislature, declare that an armed resistance
to the execution Of its laws shall bc treason,
and be punished as such. But if the oiiense
assumes the dignity Of treason against the
United States it has we'll been doubted
whether it is punishable by State authority !;
bccnuSc it is crime against the nation,
violation Of the allegiance due from the SUBJ
jcct to the sovereign ; and if the sovereign
parlons him, he is free, and no inferior power
dare modest him. 1t is upon this theory, and
no other, that the President claims, and, in
my Judgment, rightfully claims and exercises
the power Of granting pardon and amnesty to
those lately in rebellion. That pardon ab.
solves them from prosecution by State au.
thority, MS well as from tho ottcnse against
the United States no matter what particular
act of war was wascd by them against any
particular State. The crime against the in.
frior power is merged in tue o1ense against
the superior.
Upon The sa,ac theory. the rebels hayinG
been recognized by our Government NJ bel
ligrrcnts, have held, on more than oMe occa.
sion, that a private rebel soldier indicted for
felony, might show, after producing the Pres
dents pardon, that the act charged was al
act Of war, committed by him by order OF his
superior officers. What then becomes Of the
secondary allegiance due to the State? 1t il
m obligation that cannot bc enforced. You
may ievy war against the State OF WEES
Virginia to-day, bc arrested tomorrow fol
treason against the State, (Secondary treason
! suppose for if there is secondary allegiance
its violation can only bc secondary and thu
next day produce the Presidents pardon ant
demand your discharge.
The elder Of the two counsel who support
ed this motion, i'll the progress :of his very
able and instructive argument, Oh the theory
Of our Government, advanced the propoSitIo!
emphatically, that 1.-The Constitution Of thu
United States is the monarth Of our country
Coming from counsellor Of acknowledged
high legal attaimncnts, q statesman intimate
| ly acquainted with the nature and principle,
Of our national Constitution and high law
officer Of the Government, his declaration:
have almost the force and effect Of Inv. Such
slavish proposition, however, striking at tht
root and foundation Of all our institutions
cannot be allowed to 60 forth without al
answer. 10 my mind, it is utterly and
wholly inadmissible-a parchment for mon
arch thing without life, thought or mo-
ton! Is that the thing to which wc owc
allegiance? If this bo so, We are more alb.
jcct slaves than the Medcs and Pcrsinns who
boastcd that their laws were unaltcrsLlc ;
but Mey enjoyed rapid succession Of mon
archs. But neither our laws nor our mon.
arch can bc changed, for they are permanent
and dnrable-as parchment there is no
power to amend or abrogate the ono. or to
dcthronc the other. But who made and
crowned our monarch Not the God Of
Moses-IIc cigns over us by right Divine
But it was mad: by God.fearinS people,
having a firm reliance on Divine protection"
which, for period Of. more than seventy
years, has not been found wanting, nnd which,
Tor the last four years, has been most Signally
vouchsatcd to lis. The people made, ordained
and established that Constitution, which the
learned counsel recognizes ny bis monarch
II wns the work or their hands, and dictated
by their experience aud wisdom. Is the cren.
turc greater than lis creator? llns not The
potter power over the clay, to make onc vessel
TO honor md another to dishonor -
No, the Constitution is not our monarch! !!
But il is O chart-a lawn. rule OF action pre-
scribcl by the supreme power os the country
the people," our only monarch!
From Yll which, the following may be de-
duced rs my theory or political creed;
FTIt,-The supreme or sovereign power OF
tho nation Is vested and rests aud nbides in
its citizens: ..5.. ..-....... ...- ..i. ...r
Steoud.-That the Constitution Of the United
States, and the laws and treaties made in
Dursnn nee thereof are the supreme law Of the
land. ..... ..-.. a..
Third.-Thnt the several States are political
eorporalion, within and subordinate to the
Cui,cd Suites. POSSESSING extensive political
and municipal rights nnI powers, but no
,overeign or ndtiondi right Of power wlratever-
no. one; and that their territorial bouudn.
ries aud their political aud municipal
rights and powers arc guaranteed 10 them by
The Constitution of-the Uuitcd States and
that while their charters or constitutions are
republican in form, md not in conflict with
the Supreme Law, they cannot be Uttered OF
repealed ty Congress. !. -as.s ~ 5
Fourth.--That citizens Of fidit are citizens
OF the United States; but, that citizens OF The
United States nre only citizens Of the State in
which they residt. -,
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