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

aud constituting n purt ,hereof--could only
exercise its corporate functions, by laws AID
ordinances not in conflict with the supreme
Law OF the land, and administered BY LOYAL
men.
The validity Of these luws and ordinances,
excep, By seccssiouis,s, has never Ieen
doubted; and cannot hereafter, by any posi-.
hlity become the suhj"r; Of legal or coustitu
t'nn"l controversy, because every departmen,
a.: the GOvcrnmeh: hlS confirm u them, and
ta""c - no other tribunal 10 appeal 10.
The Erst act or declaration OF lha, CONVEX
ton concluded ~ follows: "Thmt The Offices
"f all who alhrr" ~ the said Convention aud
EHecntive (ot Richmoud;. whether Legislative
executive or judicial. are "aca,ed.
The 4,h s.crion Of IN ordinance passed June
i, 1851 aEer eau,neratin. long number O'
hcers. among which attorneys are not E:eh-
t,one,l, provides ti:at none OK itetn SINAI PRIV
c,e,; 10 d:schar.c the duties VI their several
iices, unit! they take an oath TO support the
Constitution Of the United States, and TO
"npho;.l aai defend the Government Of |ir-
riuiu. a. yin,lica,cd and restored by the Con.
ys,,;ou whi.h as ,cmhle,l l; Wheeling on the
llth day OF jane, ISL.
On the lOth day OF February. 1862, it being
d,ub.eI whether Ghorh,ys we're such officers
No came w:h:: the purview Of the ordinances
re erred TO. the Legislature Of the Commo"-
r,hth If Inyin;a passed m act. which took
,ilcc, on its passage, providing, "That before
an attorney, who is u resident CT this State,
small be permitted to practise his profession
in any county Of this Coia:noa wealth, he shall
he required to take and subscribe the oath
prescribed for Officers by the ordinance a!orc.
s.,i,l." Session .i"'>. l,"2, PAGE ~. sec. =.
There Is no evidence or prcteu>c that the ap-
p,icnar ever ,p"k that oath; nnd IL he did not,
h" is no. now and has not been, since the
passage Of tho a'oIc Act, a prac'lc!nS attorney
il the Commonwealth .: Virginia, and there.
fore, canno, claim right 70 be Admitted to
practice here. uuicf or hy virtue OF the I'd
sec. OF chap. iii, page go Of TIE Cote. lie
can only claim. il ut all, to DC admitted here
under and accordin. 20 The provisions OF the
frs, anil third src,ion> -: ;hat chapter.
Eu, it is claimed by his counsel, that the
proclamation AMI parton OF the President
restores to him his on" ~ we'll rs his liberty.
twas very r"srectly said in the arguments.
that treason is a crime against the people,
anil against the government and institutions
ur the Country; and bring . crime against
the sovereignty Of rhr Coantry, can, rishtful-
Is, only BE- punshr,! ~ The .urre,ac power oil
plone can punish, >o TO other power can par.
don the traitor or remit the penalty.
From these premises ~ Inference or con-
illusion WAS attempted to be drawn, that mas
much rs the Prcsi'lcn,-,he representative OF
the sovereignty pardon"i Mr.. Quarter.
with restoration " the rights Of property"
therefore he was RENTED, Or restored TO all
the >t'!g"rr rights au'l privileges which he
possessed before The commission OF the crime,
ny well ny to ;!s right Of r',.'"'hip. This is
non ,tY"!>r.
Once II citizen OF the United States, always
a citi:ca. IN now II generally conceded DOC
triEe. Ba, What is cti,;"n ~ the LmtrH
Shli~,' lie - ~ me;nhcr Of the Government
10 which he owes allegiance, and is entitled
{" rs projection" This is all. AS soon
the babe is heard 10 cry. it is, in all respects,
citizen Of the United States; and the full
grown Hlln, Of ripe and mature ngc, is nothing
more. Neither il entitled AZ a mere citizen
Of the Cai,cl States, 10 vote, or holl office CIR
10 vi, on II Jury in any State Of the Union.
These nre nor natural, but acquired rights
or priyilc:rs--acIuircl by dy,, or residence in
the State u: which he il an inhabitaut; anu
h"g are 'r''hstrc, that is, are enjoyed hy not
more than one in five Of the citi:cnS OF any
State. and are acquired Gi:lcr or by virtue q!
the Constitution auG laws of "a. S'at' and are
no; conferred by the laws or Constitution Of
the United States: and il he loses. re!inuu;Sh-
- OF !ortrl;S tacnI, no power or authority bUs
that from which ih"y were derived can restore
them. \ voter in Wcs; Virginia is y citizen
al the State. but every citizen is not Il voter;
,.nly one III Ave a> before remarked. \ voter
- more than Il c;,izcn--hc is an .t"ctDr, hay-
~. potential voice in the affairs ot The
country. civil and Political. I!y his own vo!-
"nlary ~. lie may rcl:npui>h, lose or forfeit
,nr r,shI "r privilege; hy removing from the
Sac, aul III various other modes. II he
rc'nrn- ~ ia, STATE, he may regain his resi-
''.nce aa:. IN ti:%e, his lost rigk, to vote.
The rc::.nval VI An officer FROM his State
n,wav- vaca;"s he ".cc; bu, his return into
iii. Stale, dos no; restore it To him. Or. he
mn, hv ms own &c , vaca.e or forfeit his
office, a> in the case Of Mr.. Quarter, by VIC.
hating the laws u his State. or by refusing to
comply with their rcIuis,ions; and once lost,
no NATTER h"w. the office. franchise, risat or
privilege can "alr Gc rc.acluilcI by means
similar to those b. which j; was first obtain.
81, nnd from he same authority. By refusing
20 comrlv with Ike declaration, ordinances
and nc:s 'he Legislature. nS before shown.
Mr. Qunrric: vacated his "!,!cc; anil i! being
An o!hce acquired 1rl h@It ua't"r anu by var
the Of the laws .: the State, Il he wou!l &c
restored. i: mG>: &c under and according to
tho provisions - lie same laws. Therefore,
hot having E"''t IA. Office uulcr the laws OF
The United S:%tcS. no ne; 81 Congress, OF par
don or prrclamt:,rn % ,hr r:e-ilca', can re-
store it 10 hi,G. To- pardon toryrcs she man.
RENTS the punishment. and restores 70 Lin
such property. o. r;gh, ~ property, ~ Was
Forfeited to the Nauianal G"vcrn:nrr,. |, has
not nor ,lnrS il ciaim ~ have, any other
greater effect. The applicant acquired and
held his Office Of attorney Il: law. unie" Ike
laws Of TIE Commonwealth or Virginia: and
failing or refusing 20 comply with II" pos.
tive rrIuiSi';on> y: these same laws, h;s Office.
hy his own voluntary ac'. MAS vacated. aud
his commission. ~ before stated. re>rtndcd
and annnlted. Anl now, il he would be Nh
attorney 1t law in the STATE "t Hr,i Iicguid.
he m,s, acquire The n::;ce in t.r SLmc Garnucr
that l"y"I ci;'1cu ohta;:.. il.
II ought t" b. added tia; Mr. Quarricr ny
force ut tar act OF February. lS'i::. commonly
called ;hc EApar,ia;irn Act. ceased to he 4
citizen o: the Common wealth o. Virginia.
:" n: rVTtl!rs? MN: "yIK;
NATIONAL. THANKSGIVING.
,sn,f ,rr,S rS