The West Virginia journal. [volume] (Charleston, W. Va.) 1864-1877, 1866-02-21
i;opcrta;u decisions.

has recently been maxim. some decisions
Of much importance to the loyal portion
Of Yves, Virginia.. We give On TIC first
ra-e the op;a;on oc .i,;'se Brown, o;
tina. Court. Gee;i;u. t'.ot :A"o .nry2wsrt
not officers under Ike meaning Of the
Constitution and Oath Law OF this State
az we'll :s tie d;<scAl:2. views Of Jcicc
y. Harrison; Tut this i.ci,:nn Dies 70!
amount to :Ey,hin: n"w, IS the l."gisla
rlre has passed l1Y s.Gsii::9 .!t"r"yS
&, !.,k. m. <ome u",h. }.: in tee case
Of Vim. St.al;on. CT I.>"ra county. who
was elected Cle:n fer :!iat county. and
sucd 70 be adui;;>h 10 biz otHcc without
,akiu: the above st oath for officers,
passed. Eor. Is, lsG3. which Jui re Sam
ucls required hiu "a take, aad plead
that the said Oath law Was E"coaStiH.
ti,n:,L, the Court Decided that the Iaw
was MT unconstitutional, and held that
while ",he Constitution Cart. III, sec.
$. requires ever: officer 10 take pa;,
ticu!ar oath. and ,hat oath cannot be
dispensed H:ih even oy the Legislature,
it does nos restrict he Legislature from
imposing other oa.hs. On tie contrary,
it clearly imF!ics that they may DO so,
as, for instance, tie oath faithfully to
discharge the duties 0: the oA:cs, which
i, not mentioned in the Constitution" !:
tu. which the Legislature ci1y certainly
require
This decision will apply to other laws
also, and has the etiec, to romi''>*y bar
srr rebels from all "Ji'"S, jrom Tie CIr!S,
and iron: Il" Irrr .Hrh""!S.
Another important decision was given
in the case Of llucl Is Maxwell, accord.
Jog to which c.r-wL"1S are r"#oMGiiy
hmLIc .t"r prpcrty t'i'" ty Mcm .'t'em
citi-ens dnrtny The gar, whether acting
uaGer orders or not:
Hood Was military officer, acting
under orders issued by John hetchcr, as
Governor OF Virginia. Undcr these OF.
ders, and in Ills capacity as such officer,
he seized in May, 1861, quantity Of
wheat and hoar belonging to Maxwell,
aud used ths same Tor the troops which
we're then being assembled aud organ
lied in Barbour county. The question
Was whether he WAS personally RESPONSE.
bic to Maxwell for tho property SO
taken; and the cour: held that he was
Before the property vas takea tho
Convention at Richuoud hal passed the
secession ordinance, aud catered iato the
compact OF April *, 1861, 10y which the
whole military power Of Virginia was to
be placed under lhr control ot' the Pres
idsnt Of the Confederate States. I!e;ca.
els proclama,;ous and orGcrs "crc ;s>rrd
for the purpose OF carrying into c!tec,
this ordnance aud compact, AMI thus
oycrturnins the authority Of The United
States LcYerCmca. riihia the limits CT
Virginia.
Bu, at the time these orders We,
given, aud Maxwells property impressed.
there was no other State Government in
Virginia than that represented in is
executive department by JOAN Le;cher.
The property WAS ,akcu in May, 1851,
aud the loyal government OF the Safe
was not organized until the 2vih os
June, 1861. l'nder sGese circumstances
it was couienIcl that l.e:chrr rctaaia:C!
the Governor w to tac tin.c AIKEN TIC
loyal government WAS Instituted an!
that HIS orders being n conformity with
the authority conferred ca ;hc EoTcraor
hy the statutes Of the State, Hood wa>
justified in seti#c in obedience to tac:a.
II was also insisted thar even ii L,c,aner
could no, BE- considered is Lawful! Cos.
ernor Of the State in May, l&il, sc, as
he hal been duly elected aat Installed
in .Ae ctIi:s, AMI rs the Gilt had no,
then been ds:lartl vacant by AM CON
ls:aut authority, Hood, mtre :uoovIi.
nate, could NJ, DC required ~ st in
Judgment on III" :il'e ul h:S Sapc:;o: 70
tat Office in wLich - VS. ac,Iu., or to
decide on his eva responsibility tia,
john LetcHer ought I'D longer to bc
ubeycG as Govc1nus. Inc Cuur., hos.
ever, he'd that ;ac secession ordinance,
and the compact u Ais;! p, ISL, were
void -: is,c, because they were Cepu.;aan;
to the Whole scopr, effect and inisni .:
the Constitution Of the Cuitcd States !:
that Le,rher's orders, being man:IrS,!y
issued to carry into execution this un'
constitutional ordnance aud compact,
were equally void IN ite, aud that Hood,
in acting in obedience to such orders,
acted, therefore, up.a hi. own response
bility. The ordinance. compact aud
orders being legally CT 20 effect. could
afford him no protection. The Con,,i.
ta,ion Of the United States, teia. the
-apremc law, i! was ilood's h;Shes: duty
" supper. aud obey il, and the orders Of
John Lctctcr, whether he Was Governor
or not, could furnish no excuse to Hood
for aiding combination Formed Tor the
purpose o. oveIturnin. it.