Los Angeles daily herald., 1875-08-25
An Able Letter from an Old Democrat.

IA
| show that their main object was to inaugurate
| q war with the South and overthrow our Re-
| publican Government and establish deS-
potism In its stead, and | promised TO SHOW
| that every act of the South from the seizure
of the forts within their jurisdiction to the sur
render of Lee was warranted by the Constitu-
| tion and principles of our government, and
that every act of the Republican party has
been in violation of that Constitution and
reasonable in its character, and for the proof
ofwhich let facts be submitted to candid
and deceived people.
When we revert back to the time prior to
the American Revolution we see on the
Eastern slope of North America along the
shores Of the Atlantic Ocean thirteen separate
colonies. These colonies were indeed ce-
mented with England as their mother coun-
try, but in their relations with each other.
they were independent and sovereign 1t was
also true that the Colonies were of common
blood and spoke common language and
were familiar with the same traditions, and
in relation to Great Britain had common
rights and interests at stake and common
habits of reasoning about them. 1t Is not
surprising, therefore, that when England en-
croached on the rights of Massachusetts, that
all the colonies should express the nvellest
interest for her sufferings. Her fate might
soon be theirs, as the present fate of the
Southern States may soon be ours. Magma
Charta and the English Common Law was
still theirs, as they are still ours. Magma
Charta had ever been the fundamental laws
In their colonies, and their code WAS always
the equitable code of English common law.
The revolution of the colonies, therefore, was
not undertaken to obtain, but to maintain,
their freedom; not because they were not free-
men. but because tyrannous attempt was
made to make them slaves. When they be-
came Independent they were no more free
than they and their fathers had always been;
and as Magma Charta and the English Com
mon Law was still theirs, as they are still
ours, for having been the fundamental law In
every Colony, they still remained supreme
when the Colonies became States, and never
yet having been abrogated they are still the
fundamental law in almost every American
State. The declaration then neither made
the States free nor did 1t condescend to prove
their right to freedom. 1t simply declared
the fact. In like manner the Declaration did
not make them Independent. 1t proclaimed
that they were already independent. Their
sovereign, by the abuse OF sovereignty law
fully acquired, had given them the right of
rebellion and revolution against him. Sothat
they were now justified in rejecting his SOW
ereignty and in achieving their Independence
by the force of arms. But 1t is not the right
to achieve independence that 1t asserted by
the Declaration. 1t Is the fact of actual exist
ing Independence, and this ascertain was
cause the King of England had declared them
out of his projections on fact, because the
Kings authority had ceased to exist; and as
Magma Charta had given them the right to
judge of the infraction as we'll as the mode
and measure of redress, they seized the forts,
arsenals, etc., within the jurisdiction of the
colonies, and in their own chosen way re.
Magma Charta are not familiar with every one
at this present time, l here quote from the
sixty-1rst chapter of that instrument:
"6l. But forasmuch as we have granted all
these things aforesaid to God, both for the
amendment of one kingdom and for the bet
ter settling of the discord which has sprung
up between us and our burroughs; and foras-
much as we desire that these things should
remain in perfect and complete stability for
ever, therefore we do make and grant them
the sureties underwritien ,to-wit: That the bur-
roughs may elect twenty-five burroughs Of the
w w n
their whole power observe, keep and cause to
be observed the liberties which we have
granted and confirmed to them by this our
or our bailifs, or any of our officers, shall have
injured any one in anything or shall have
transgressed any article of peace or security,
and the injury shall be shown to four of the
aforesaid Internationally burroughs, the four
burroughs shall come to vi, or to our judiciary
FIVE shall be out of the Kingdom, and MAX
Ing known to us the wrong committed shall
petition us to cause 1t to be redressed without
delay. And If we or our judiciary. if we be
not in the Kingdom, do not redress the wrong
within forty days, to be reckoned from the
time when we were notified thereof or when
our Judiciary were notified were notified If we
were not within the Kingdom, the aforesaid
four burroughs shall lay the cause before the
residue of the five-and-twenty burroughs, and
they, the five-and-twenty burroughs, with the
community of the whole land, shall harass
able, by the capture of our castles, lands and
possessions, and by any other m cans they can
until the injury have been redressed, accord
ing to their judgment, saving harmless our own
person and the persons of our Queen and chill
dren; and when the wrong hath been re-
dressed they shall behave to us as they have
done before. And whoever of our land shall
please may swear that he will obey the COM
mands of the afoeesaid five-and-twenty bur-
roughs in accomplishing all these aforesaid
things, and that together with them he will
harass us according to his power. And we do
publicly. and freely. grant to every man who
chooses leave to take this oath, nor will we
ever forbid any man to take 1t.
Now, here was right inherent in every
Englishman who resided in the Colonies-a
right to protect their life, liberty and prop
erty. The Declaration OF Independence,
therefore, wrought no change in the political
status Of the States. 1t simply declared that
brought about q change, by which, from be-
ing colonies of England, they had become
free and independent States 1t did not
make them free. Their ancestors, the orig
inal colonists, were free-born Englishmen,
and had transmitted their rights and liber-
ties undiminished to their children.
After becoming free and independent States,
did they possess the same liberties they pos
sessed while under Colonial Governments
Did they lose any OF their rights and liberties
by gaining their independence Or, in
plain terms, was the Revolutionary War
fought for the purpose of converting English
freemen into American slaves? II not, then
the Southern States, under Magma Charta,
had the right to seize the forts and arsenals
under her Jurisdiction, when she conceived
her liberties threatened. The principles of
Magma Charta are transferred to our Consti-
tuition, and in the third division OF Sec. TO- in
the first Article, OF our Constitution, 1t says:
''No State shall, without the consent of Con-
gress, keep troops or sh ps OF war in time of
peace, enter into any agreement or compact
with any other State or with aforelgn power,
or engage In war, unless actually invaded or
la such imminent danger as will not admit
of delays" Does it not stand to reason that
when State considers herseltin such immi-
nent danger as will not admit of delay, that
she may do these things and in doing them
she is in no way violating the principles of
our government, as laid down in the Consti-
tuition? But, TO set the matter still clearer
let us look at the second article to the
Amendments to the Constitutions "a we'll
regulated militia being necessary to the sue
cess OF a free State, the right OF the people to
keep and bear arms shall not be iniringed."
Now, If q well-regulated militia is necessary
to the security OF State, then, when q State
is menaced, and in her opinion 1t is necessa-
ry to call out her militia for her own security
by this clause In the Constitution she had
the right to do 1t: and by virtue OF their in
inherent right, under Magma Charta and the
first article of the Constitution, the South
ern States seized the forts and arsenals un-
der her Jurisdiction, and under the Constitu-
tional right to use her militia for the secu-
rity of her State, Virginia called out her mi
litia and paraded them on her own soil.
What article of the Constitution did she vio-
late? She was exercising her Constitutional
right. And now, Mr.. Wood, we ask for the
nrSt Sclntlltu Oh COnStllutiOnul rlSnD IN Mr
Lincoln to invade the sacred soil of Virginia
to disarm her militia. If he can find no
such Constitutional right, then we refer you
to the third section Of the third article OF the
Constitution. which says: Treason against
the United States shall consist only in levy.
ing war against them or In adhering to their
enemies, giving them aid:and comfort" We
know war was levied and somebody commit
ted treason, Was 10 Mr.. Wood? When
President commits an act authorized by the
Coast .sution, IL needs no Congressional en-
...f f..t. t.anlr p first
OF Congress called hv Mr.. Lincoln passed an
act legalizing his act In levying war against