The weekly Thibodaux sentinel. [volume] (Thibodaux, La.) 1898-1905, 1902-09-06
Bernard J. Sage.

On Thursday morning were laid ia
rest in the Guion family grave yard
on the RidgefeId plantation of Mr..
Frank W. Nichols, the mortal re.
mains of Bernard Janin Sage, who
departed this life in New Orleans on
Tuesday night, in the SD year OF
his life. The burial took place ac-
cordng to the rite of the Episcopal
Church, the Reverend Mr.. PhiIson.
rector of st. johns Church officlat.
ing.
Mr.. Sage, though known to few of
the present generation, his name will
live IN the history of the country as
one of the most brilliant constitution.
al lawyers of his day, and will be
forever associated with The defense of
Jefferson Davis on the charge Of
treason preferred against him at the
end OF the civil war. He was asso.
ciated in that defense with the cele-
brated Charles o OConnor and General
Hooker, of Mississippi, and to Mr..
Sage WAS assigned the constitutional
points in the case. How well he per
formed his task, which must have
been labor of love for him, is a
matter Of history.
The following account OF it, taken
from the Picayune, will prove inter
esting to our re:. lcrs:
ole was specially charged with the
mission of going to London to study
the public archives, so rs to get the
details of the history of the American
colonies and the relations Of the
British government 20 the colonies,
also to examine the treaty of peace
and find out how the colonies were
recognized-as united states or as
Independent states,
Mr.. Sage performed his mission
with great intelligence and reaped
signal success. AS a result of his
studies lie wrote that famous book,
"The Republic of Republics (using a
nom dc plume, p. &. Cent?" Public
Common Sense), which became the
most celebrated work on constitution.
al law in this county. 1t is one OF
the standard authorities to this day
on constitutional law. Mr.. Sage
found that the treaty of peace showed
that the colonies were set free as
independent states; that no united
states were recognized; but each state
was set free as distinctly indepen
dent state. Mr. Sage established tht
fact by his book that each state, be-
ing.a sovereign, had the right t.
secede, and that Jefferson DaviI
could not be tried for treason becaus,
he could not be convicted in any
court Of al act which he had commit
ted as free agent on behalf O
sovereign, independent states; and h
was, therefore, beyond the reach o
those petty, clamOrous partlsans wht
were actuated by the meanest spirit
of revenge.
Mr.. Sage's triumphant vindicatioI
of states rights and sovereignty Wa.
so powerful that the United States
government did not dare to bring MIR
Davis TO trial. He was turned owe
by the military to the civil authority
and finally, under a writ of habea,
corpus, was admitted 20 bail, with
Horace Greeley, Gerritt Smith anc
others as bOndsmen. IN the sum o.
100000. This happened in 1867
and one year later hlr. O'Connor
chief counsel for Mr.. Davis, filed .
motion to quash the indictment. Tht
judges differed, and the case wa:
certified up to the states supreme
tribunal, where it was finally extin-
guished by the amnesty proclamation
Of President johnson"
Mr.. Sage was second cousin tC
the late Judge George S. Guion, ant
always maintained tha most cOrdia
relations with the Guion family, abou
his only relatives IN this state.