The New York herald., 1867-02-07
THE REBEL VIEW.


There Can be Treason Against a State but
Mono Against the United Statos-Thc Argu-
mont of Allen 3. NInGrudor.
In the Supreme Court Of theDistrct Of Columbia In
the Of Magrudsr claiming the right 70 practice In
tho court though unable to take the test OATH tho app
can't made lengthy argument TO sustain the motion n
admit, after which Enoch Totten ESQ.,, repiied. The
following Is verbatim report Of Mr. Magruder's remarks
after Mr. To.aen had oosed showing tho ground upon
which he based his right to bs admitted
Mr. Hagruder-win tho gensiemaa allow mo Just %crs
statement which has bcen msds shouId be corrected
make admssiouh have committed crime
sr & = Court e. aS
- define it-nctther u she oasnoes were committed
was citizen Of yirsiniA am ustive of that state.
against itseG while The United sates oonstitutioa un.
derakes 70 define treason against The United States
Now suppose :hss y never wss IN he ccntemplstien
states and the United staes II VAS upon that theory
punish ne crime Of treason Now take the cass OF
ctixen o Virginia at the breaking out Of this He
We: upon his own territory. upon his native
arns % in her her own Ssfesos sappcss he had I failed
up arms At the bsddias q tho limited States and
against Virginia. would he not have exposed himself 70
the pans and penalties Of treason on tss other hand
ment called upon him 70 draw his sword against the
state Of Virginia and upon penalty IL be did not obey
that mandate that ne should % nunk s traitor Does
not the eours perceive does mos every right minded
man perceive ca1e 0 c0nnctang aHegianceS what, IN
that case Is the citsen 70 DOT am mot going to argue
the question Of secession n the aossract but beg
simply 70 put myself rght on this question, and the
Court wiI ann sure: under the circunsanoss Indulge
seeing that there E according to our system o. gov
ersment duality, II may uss the expression Of alle-
giance-seeins that allegiance 70 claimed on both sides
seeing that N every particular case, you choose the
State OF Virginia had the power 70 coece my Obedience
whist the United States government at the time the
occasion arose, did not AFFORD mo the protection which
was necessary and which was due 70 me IN exchange for
my allegiance TO Il
The Chef Justce-it anorded you protection within
this Jurisdiction, ddn't H. Mr. hegruaorr
Mr.. Aagruder-Yes, SIR; l understand that perfectly
wcl, and am very glad your Honor has called my
attention 70 thas for desire 70 DO perIecty frank with
the Court
Mr. Bradley here stepped up 70 the speaker and made
some suggesaon, wnen
MT hagruder aid-Ay TREND aomonishes me 70 be
careful az 20 what say
Inc Cniet 'ussce-Nos ~ all; unouroen yoursen
freely
Mr. hagruder-I have nothing that desire 70 conceal
may y please your Honor was resident OF the Dis
trict Oh Co.umoia "
Mr Brndley-Whae want is TO get through with the
argumentof this case do not desire 20 be led or TO
the discussion Of eitner secession or rebellion.
NJ. hsgruaer-i mink ! can take care OF myself
because thrice no armed VINO has his quarrel just
and IN regard 20 the matter have no self rcproaches
70 fnouige Wnen ics tne Dssncs OF Columbia IL
was wn,e tne St,.e OF virginia was member OF the