Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-02-27
OPINION
By THE COURT, ME- JUSTICE PIKE.
CONTINUED PROM YEsrFRnAYl

CONTINUED PROM TEsTEEDAN.I
As principal questions, these, whether
the act of secession was valid and law
fuI. and not an act of individual rebels
whether it was efiectual, so as that the
State has in law ceased 10 be one OF the
United States; and whether IL Is still
State, with this court for one Of its tfi5u-
mails. are concluded, and not eXaninabie
here, because they have been decided by
The rightful power, the people, eXercls-
ing the supreme political and legislative
authority. Secession must be, TO US, a
fact ACCOMPLISHED, an act rightfU!ly
done. either under the Constitution, or in
the exercise Of some natural right OF the
maiority, above the Constitution. Nor,
indeed. do we mean to say that 1t might
not be the act Of the State, in law rs well
as fact. even if wrougfuliy done. War
| is often wr0ngfully Waged; yet it Is none
the less the act of the state and every
citizen is, in ordinary cases, party
/ to it.
But If the people Of the United States
J were one people, and those of each State
] but a fraction of the whole, with no right
! 10 separate from the whCo, except by
] force and revolution the states merely
municipalities or like the departments OF
! France, though with some limited attrl-
| butes Of tinsel sovereignty, then, though
| Arkansas may now be an Independent
State, her right to separate from the
others might be coupled with right
on the part OF those OF her people
Who OpD5sod secession, TO OdterC 10
! their sIlegiance to the United States.
! What if one, who, being a citizen
of the State at the time of secession,
has since elected 10 adhere TO the
/ limited States, and who now is, for that,
| arraipusd for treason against the State,
/ should nut in this Defence at is true
I y-ss n citizen of Arkansas; nut l was
also a citizen of the United States. !
syy1re to maintain the Constitution oi
/ Artausas. but. in the same oath, | first
su-ora TO maintain the Constitution Of
tbe United States. BY the latter, the
laws of the United States, passed in pur-
| suauce of the Constitution, were supreme
ANYTHING in the laws OF ordinances ot the
state 10 the contrary Notwithstanding
| The people Of Arkansas was but lfac'
tiop of the people Of the United States
| |Thatcnep people made heconsiltuu0n aho
established a government proper oFtl
ain the States and all the people. Their
was no compact between the States
which thew could dissolve. There wer,
citizens Of the United States, even u
| Arkansas. who never were citizens O
any State. I do not deny the right O
The majority Of the people Of Arkausa
to dissolve the connection between
themselves and the other fractions OF th
IuaoDle of the Union, as a revOlutionaf,
right. nor that they had the right L
decide upon the sutliciency Of the caus
for revolution. l admit that Ar6ansa
ia stiu State, and the samt
State, and this a court Of the State
amt I claim that, because the act O
accession was a revolutionary act, u
violation Of the Constitution, it releases
me from all obligation to continue
lci,izen Of the State, and left me al iul
liberty 10 abide 10y my paramount allie
Glance. and continue 70 be cIuZen O
the United States. / owe the state q
now constituted, and no longer IN ID
I-oiou. no allegiance. have elected
continue to be one Of the people oil lh
limited States, who made the Con
stffutiou. ] am in my own country
within The Federal lines; in the Unite
States-because, in war, the country
where its flag lies"
n is quite evident that this pie
b could not be well replied to by IN
statement Of the general principle tht
every act Of the State is, In law, the a'
of every citizen Of the state. FOR,
what is called secession be, indeed, bl
he shifting, from an iudissolluble UnloI
) of one fraction Of the people, only, III
act may well be the act Of the staI
| because Il is the ect Of "a majority ol u
| DecDIp of the Slate; precisely as IL the'
> had changed the constitution of govern
ment and elected n King; though
was ever so much in violation
constitutional duty and obligations
the act Of the majority Of the people
}. the French Republic, electing the hTsl
second Napoleon to be Emperor, was Y
- act of France; and yet the sct may
so far from being the act OF the minoFll
and they may be so far from being
7 law parties 20 1t, that, beng IN dlIt
and gross violation Of their rights, al
". demanding of them violation of duty,
may leave them ri full litCTty to rema
with the Inass Of the people Of the Unlt
y States. II the act, though valid,
revolutionary, it does not become In Is
tue act Of those who opposed 1t. ii I
psraaount allegiance Of the citiz
s, was due % the United stat
ono who opposed seces sion has
right TO adhere 10 that allegiance. ht
Il moi supposed to have given his assent
auv art contrary to the supreme 8
naTouount law. He is only presume q
a-saut 20 that. aud become a party
tbor which Is cOnstitutiOually done.
-. ti,o ,,refilu;ion of the United States q
- tbp paramount law over States ana p
ple. enacted by the one people OF
r.. limited states, rs one people, then, thou
., his State has the right the colonies n
10 assert her Independence, he also
free to adhere TO tie parent goNerIllue Z
Y If the state demands his Hllegiahcei
ats. can say. / never agreed to owe u 10
as agalust the United States. am
party TO your action =,
In such case the state could
reply by simply pointing TO the aG'
seaeSsion and declaring that that
copclnded the question that IL could
sS be examined in her courts. She eoUi'
tbis only on the ground that he Ws
marty TO the act, which is the very'q'
! tioD To he decided she DannOti IN
m / go saw. In the old formula Of desl
wv ;sro lately revived by the mini
,,oyTer. sic colo: SIC iU6co stct
c. r1tjo,,e ,51,fltas :! Her will and ~
date do not affect him, and are not
10 bfnn unless ia construction pf
tbev are as much his will and man'
a. they are those Of any otner OI
-. people.
% whole question judicially examined
~. in ascertaining his legal status as 10
zenship and allegiance, in which ques
his life and honor are both involved,
D. the question whether he is a patIic
traitor, the court Z lst begin at The
ginning, and judicially examine
question Of the nature Of the constitu
and the parties TO it, and the exteI
TC the reserved rights Of the States.
Nor will the State, in such {
shrink from the inquiry whether 81
or is not in rebellion; but, as il is
right and duty to do, she will, thro
her supreme judicial tribunal, to vi
u. Judgment she has submitted the
decision Of all questions Of constituti'
- law, ia ordinary cases arising, haste
declare to the world with ell the
and solemnity Of a judicial decision,
sr,s under all the sanctions which en-
aild- judicial opinions to respect, what is
opinion Of her judges in the
PSrd Pend resort. and her own judicial opiT
DtIe- 80 to the real nature of the gov
gees; T,ent created by the constitutio
NED go Gfataa A. 10 har u