Richmond Whig. [volume] (Richmond, Va.) 1862-1865, 1864-05-02

cpe what outrage, embodied In the Alien and Sedon
gislatiye machine Of absoutism in ooe mani What
trne inculcated in the resolutions Of Virginia and Ken
lucky and the Madison Report that is not ignored and
repudiated in this lawl What precept Of wisdom and
warning Of admoniton, taught by all history, thai
not violated and outawed by this hydra-headeSun
ster in the guise OF law! -
Indeed, sir such and numerous are the objections
to the policy, terms and scope Of this law that should
but weary the Court by detailed enumeration of them
The grand and leading objection rests in the fact that
il destroys individual personal bertS by rendering il
dependent srseire JorbsarGnee Il creates powers
which lie dormant until secretly called into exercise
and then, n the twinklng of eye, the prison door
is opened receive any and all such as the President
or Secretary at War may order be ineareerated No
people, man, no principle is safe, where such un
limited power is bestowed. The lac is master in these
States No mans will is soveregn-no man 3 orders
imPerious. people who will consent to hold their
brthrigh at the will OF any set Of men, unre-
strained by snPervening and protective a deserve to
be sIares.
Have you, sir forgotten the sensation. the thrill of
horror which shocked every freeman in these States
when it was boastingly announced to Lord Lyons by
w. ii. Seward, that "by touching bell he could arrest
any man in the United Staes." Will you tell me-pray
note my words-whereln there is noo practical differ
ence between that shameless, degrading unmany dec
laration Of Mr.. Sewards-the modern personifcation
OF Sutherland the dangerous, nsdious diaboli-
cal power lurking, serpent-ke, beneath the plausible
phrases Of this inquisitoria awi Who is no,o afpho
IS nop eeman-ereept at the hazard of personal liberty?
And who are the claiming to exercise this imperial
poweri Where is the spirit Of forefathers, What
would Henry, Jefferson, Madison, Washington, have
thought OF such law as this Sir, are on the
of great events. Sovereign States are on the battle
field in defence of their sovereign rights which are
dangered by "the rorsi government the world ever
saw" To secure those rights they have already
lowed the Confederate government with ample powers
and furnished ample means. Let them not, in care
less moment, yield up their vital powers even for a
moment, to their agent. Our liberty is our honor. Il
is to US as virtue is to the pure female. Unlicensed ia
mlliarity or rudeness OF department may soon end in
loss OF all that is worth preserving This is the
teaching OF all history Man loves power, and govern
ments, unchecked seek selfaggrandisement The bar
riers of liberty broken, scaled or underminded
soon fall to be reganed only in blood and revolution.
No true friend Of liberty will ever seek to degrade the
freeman. No freeman, who allows himself to be de-
graded, will ever successfully maintain his rights.
Lcould wish that you, sir, would consult the teach
ngs of history, as disclosed in the book which have
already cted-Hallams Constitutional History. The
lessons there taught are valuable TO all statesmen law
yers judges, and rulers. The GIRL and constitutional
liberty OF England, the result of centuries Of severe
and varying strife and boodshed In all that period,
the grand landmark the pole star, personal freedom,
individual independence. All other questions nyov-
ing disputes and contests, between the church and
state, the and the people, the legislative and
executive branches of government, and the different
branches OF the legislative department, all reyoyed
around issue, a common piroi-and that was the
grand source of all and every contest in the state in
the church, in peace and in war. Courts
time, corrupt. Judges occasionally weakened and
plant But after every defeat renewed energies
gathered and fresh contests naugurated, and always
against the arbitrary exercise Of pOrer, 10 the prejudice Of
personal liberty. II known and felt that no people
can long maintain their eri rights who submit TO per-
sonaI crsngs from their governors. The subject, ruled
over by sovereign, was nevertheless freeman by lac;
and the law was his shield and birthright See Magma
Charta, sections 46 and TO- De LONE, English Consti
tuition, lis, 20l 26 Hallams Constitutional History,
1879, 2O0 DOL 220, 81 %, 80, "a, 292 $685. 500. refer
particularly TO these passages. They all bear on the
issue now before the Court and teach lessons Of adj
monitions, which are indeed most wholesome. They
teach us that to be free, people must Defend with all
their combined energies, their individual, personal,
private liberty That just IN proportion as government
Is arbitrary personal liberty /, first destroyed to create de-
pendence the pooers that be-" and Just in proportion
attends these nsdious efforts, is civil and rs
gious freedom endangered or destroyed.
Such is the issue here presented to this Court,
in these cases. What could be more imposing' Sir,
you aud noto old men; we have lived in better
times, and acted under brighter auspices. But allow
to say, at no period of your judicial life, have you
ever incurred heavier responsibilities My words here
uttered will soon pass away and be forgotten Your
judgment in these ri lire for zeal roe, the
page Of history. After generations will ponder it
one of the grand landmarks erected in this fearful
revolution, to warn or to encourage the unauthorized
assumption of power in such calamitous crisis. ]
cannot presume to anticipate your judgment; b, sir
shall await its announcement with more solictude than
have ever before experienced. If, as believe and
hope il will be- it is adverse to the government, shall
feel relieved of weight which Expresses me- If it is
adverse to the petitioners must submit best may,
hoping that your judicial sanction Of the icr will tend
to awaken feeling Of alarm in the country, which
can but operate proptousy on Congress, and lead to
speedy repeal Of this law For sir, you must pardon
the declaration of one who may address you for
the last time and who feels than he express,
when assure you the honest conviction of my most
dali anHnna af lam
unrepeaed and sought TO be enforced the public lib
critics will be gravey endangered, the individual
rights OF each and every private citizen. The public
mind is being aroused We of the South are not easily
aroused. The people are patient thoughtful, hopeful
But they rM nerer surrender 10 any government
their personal liberty, The integrity Of their State gov-
ernnens. This fact has been demonstrated on too many
glorious battle fields, sealed with too much Of their
best blood av6wed before God and man, the ground
work of this revolution TO be ignored or sported
with Liberty is priceless jewell and the States of
this Confederacy will never surrender il or sell il as
OF transferring consolidated centralized
powers from one set of rulers to another. They ir be
masters Of their destiny, perish in the effort.
fear sir, have trespassed too long on your cour-
tesy and kindness, but must ask to up briefly the
main objections which have discussed. now say
this law in opinion in plain contravention 10 and
yolatve of both the letter and spirit of the Consttu
ton, subyersive Of the objects and purposes of this
revolution, and, if enforced, fatal to personal liberty
Ii is destructive Of State sovereignty. II converts or
tends to convert, every house into the receptacle of
government espionage 1t renders all subject to the dir
iy work and detestable surveillance Of government
SPIES who may, without OATH by whispering his enyen
omed caumnes in official ears, cause his arrest when
he may be held, without question, bail trial. II pla
every department Of State and Confederate Gov
emment, every soldier, citizen, official the mercy of
the President and Secretary at War, without the
blanee of remedy. What greater power, what more
dangerous innovation chartered rights has ever cha
racterized the annals of France or Russiai AID yet
all this occurs in the heart Of revolution naugurated
by these very leaders, PROTECT US AS STATES AND
CITIZENS, FROM INFINITELY EVILS, As WE WERE
THEN SITUATED. For one, protest against this unhoy
alliance with tyrannyths indiscrimnate surrender Of
all yestiges of freedom-ths unhallowed effort 10 en-
slave the will degrade the feelings, and intimdatehs
resolution. My protest may pass away unheeded. This
law may stand and be enforced and may fall one of