The morning news. [volume] (Savannah, Ga.) 1887-1900, 1889-10-03

/ and Independent of state control as if the
( land on bich he fort was erected, and
I 81 hich hal been ceded by be S ate I Geor-
/ Cis, had no been within her limits. If,
indeed, the purpose Of taking p session or
I II, as d-fenseless post, al been 70 keep IL
Tor the Unite States, the act, hether ex-
clsai,le or not. wOuld not nave been ca
s0laOe. But the cri SIS s 0 . OF impend-
rev luton or instruction. Ine tereat
or eV iitl may measures had already PR
cesded from the government o. the state.
The d-t ion II this post FIR her govern
me t by this hostile free WIS, therefore,
tllnk, levyiag war against the Iited
states. If tire treas ma ie intent had at
| first be n legally doubtful, tho Subsequent
unqualified su rende.- q that for res e. t1e
state would, il the doubt were
no removed by it, re der he ease proper
one at all events for the co sid ration o.
JGry. That no hostile resist an g was op-
Pos ID by the former occupants Of the fort
IS, think, unim Ortant. WEen body,
large or small, Of armed men is mus cred
IN military array for a reasonable purpose,
every yep VII en- any of them lakes part
execution II this pa pose 10 al overt act II
leyying war. This IS true. thong not a
warllke blow may have e3n struck. The
marching of such q rps with such pu
pose the di eciiO In which sIch bl "
might be struck is levin war upon Ian
= 6iis1 aut critic, l Hale, 2. c. l52;
Eos eT 2lo, 2 Salk, 635. American, 2 Bur. s
IT. 4JS, Crauch, 4I6
Tnen ne discusses the question Of ''alle-
glance to two soverelgns,n as used in
II H. ard %. ii says: Iii duty of ale
glance TO the u iited States continue to be
paramount so long at least as their govern
Fnent was able u mai tlin it peace
through its own courts Of jusci e in G.or-
gia, and thus extend there to tie citizen
That protecuon which aifJ Is him -ecurity
IN his allegiance, AMI is the foundation OF
his duty of allegiance. Though tie subse-
qnent &C rrences wuich have closed these
courts in Georgia may have rendered the
continuance of sucu protection wi hin her
limits impossible ar this time. we know that
diifere t state of thi q, exis ed at the
time of the hostile occupati IN Of the
lot. The revolutionary sec ssion of tue
state, though threatened hal not beel con-
suminated. The party duty of allegiance
to the u ted States. thereto g, coul not
en- be affected by any conflict ng enforce
allegia &c to The state. tie could not tn II,
as citizen of Georgia, pre- end TO be a
public enemy of the United States, in any
So SO of the word 'eue N.Y. which dis
Ii guishes its legal meaning from at of
tran ur. Future cases may pc haps require
the definlh IN of more precise dist actions
and possible diff reaces uDder this head.
The present case IS, in my opinio ], one of
n difficulty, 50 far as the question # prob
able use for pr isecution Is concerned
Justic Grier of the uited States supreme
cur coint ded WITH the views Of judge
Cad aiader.
Mr.. Greiner, upon entering with two
Sureties INTO a r-cpgnizlnce in $4,000 to
heep the peace and b9 of good behavior in
all cases arisi z der the constitution and
laws Of the United States, was discharged
from custody. a@*'af
Mr.. Greiner was a merchant on Ba:
street, Sava nal, and a member of the
Chatham ARTILLERY.