The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1868-10-31

States. and trampling them In the DUST
he knows very we'll that these things
are not TO be done, and that it would be
id1e and childish 10 talk about doing
them, Without the employment OF an
armed military force. 1t would pc an
insult to his intelligence to suppose
that he ever for moment dreamed Of
carrying his policy into execution, ex-
lcept by an armed force Powerful
Governments are not in the habit OF
surrendering up their existence on the
/ first Invitation or request. The State
Governments which he intends to dis
/ perser are completely organized, and
\ would undoubtedly be defended by the
militia OF the respective States in which
they aze established They can be
oyerthrown only by q superior armed
force. They are a part OF the same
States which for four years resisted the
whole military power OF the General
Government. Gen. Blair's experiences
in. the army may assist him in forming
an estimate OF the force which viii be
required TO disperse these State Govern
ments.
B1tthIs Is not the only undertaking
on which he offers to enter, and to .
participation in which he invites the
voters TO whom he appeals. he pro-
poses also to trample. in the dust and
overthrow acts of the Congress OF the
United Statesj because he finds It Ina
possible to repeal themj acts enacted
with the usual forms and solemnitiess
and possessing all the force and virtue
of laws of the United States, and which
are in every respect laws of the United
States, What armed military force
would be required successfully to resist
the laws Of the United States, to over
throw them, and to trample them in the
dust, the past history of the country
affords us no means 10 conjecture; bnt
an armed force which proved entirely
inadequate to accomplish this purpose
now revived by Gen. Blair-was the
whole armed force of the rebellion.
We see no reason to anticipate more
auspIcious result to an insurrection uu-I
derIaken now unless IT be that Blair is
an ADLER leader than Lee.
The plan projected by General Blair,
proved by his nomination, which seems
to have been made on account of his
letter, is not original, nor new, nor I'M
tested. It was attempted soon after the
organization of the Government. A
portion of the people were dissatisfied
with certain acts of Congress, as Gen.
Blair declares himself to be with the
Reconstruction acts. They resisted The
execution OF these acts, as Gen. Blair
proposes to resist the execution of the
Reconstruction acts. They were ar
rested, indicted, tried, convicted, and
sentenced to be hanged, as Gen. Blair
and whatsoever co-operaIes with him
may be If they take one step toward
carrying his policy forcIbly into execu-
ton, and every one knows it cannot be
executed except by force. 1t is either
treason or 1t is child's play.
In 1894 man named Mitchell was
tried, convicted, and sentenced to be
hanged, in the State of Pennsylvania,
for the crime of treason against the
United States Judge Patterson, who
presided at the trial, charged the jury
as follows: ss
| ''To resist or prevent by armed force,
i the execution of a particular act of the
i Omitted States, is q levying OF war
/ against the United States, and c0nse-
i quentIy treason within the true mean
ing OF the Consultations"
II This trial took place in the Circuit
Court of the United States. In 1893
another trial for tFeason-that of a
Il man named Fries-occurred before the
same Court. Judge Ifedell presided.
He repeated the same opinion which
1 had been held on the trial of Mitchell
by Judged Patterson. He also said:
Il SIT . = Sithe! Intention was to pre-
vent by force of arms the execution of
any act OF the Congress OF the United
States altogether, any forcible oppost-
4 ton calculated 10 carry that Intention
into effect was levying OF war against
the United States, and Of course an act
treason.
Fries was convicted and sentenced to
be.hanged. For come causen new trial
was subsequently granted TO him. On
the second trial the Court, which was
then composed Of Judge Samuel Chase
and Judge Peters delived thefollowing
opinion: ~,
4
any body of people within the United
States, TO attain by force or violence any
Il object OF great public nature, or OF
lpublIo and general or national concern,
is 3 levying of war against the United
States. lsZ-71 7lEs-
THAT any such instruction 10 resist
or to prevent by force or violence the
execution Of any statute of the United
States under any pTetence of its being
unequal buFthensome, oppressive or
Unconstitutional, is levying of war
against the United States within the
Constitution.D Essts -
| Here, it will be seen, the precise
pretext set up by Gen. Blair, that
the law is .tneonstitutioaGl, Is spoken OF
by the Court. and 1t is laid down that
to resist the Law on this ground is a
Ileyying OLA war. within the meaning of
the Constitution, and il treason.
4 However hsgitious," says Chief
Justice Marshall, ''may be the crime OF
conspirins TO subEert by force the
Government OF our country, such con-
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