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

general confusion and total oberationof those grand
landmarks Of personal liberty and individual security
The third article of the constitution creates and To-
Gates the judicial power of the Confederate States
The sixteenth section of the Judiciary Act, No. IS, oil
Provisional Congress- bestows the authority, az 10 ha-
beas corpus cases, the courts. And yet this act re-
moves this jurisdiction while il merely processes TO /
suspend the privileges Of the writ 1t authorizes ar
rests without oath, and then bestows the bounty OIL
legal indemnity upon the trespassor, by screening him
behind the order Of the PresideI Secretary at War-
Such reckless profusion Of royal powers, venture
to say was never before bouRteously bestowed by
freemen on any king poentae. is almost incred
ble to believe the naked fact 10 ALL OF its enormity,
when contemplate this modern Invention of the |
| one man power. l could but exclam, when read
this law and analysed its covert powers, these the
men to bear brave, chivarous, intelligent and
liberty loving people, safe through this revolution
where not to succeed is worse than death
1t would be unpleasant and useless undertaking,
to unfold in detail the enormities and monarchical
qualities Of this law Suffice it to say, there not an
enumerated case, stated in the law ITSELF that was
not fully provided for in and out of the army, before
the passage of the law Hence feel no hesitation IN
asserting that in opinion, there was no occasion lor
any such law as this. Congress refused the law, as
asked for by the President The country is then assured
by this very act that the "nformation given Congress
by tho President, not sustained by the action oil
Congress- This is fact, sir, patent upon the deciara
tory face of this law. The president asked for the
suspension of the writ of habeas corpus and informed
Congress of conditions of public danger which render
the suspension of the writ measure proper Tor The
public defence against invasion and insurrection
| What that information was Congress has thought
proper to keep secret. Why has done So only
conjecture. look forward to the day Of revelation of
that secret, with ordinary socitude II will throw
flood Of light upon this now dark and sombre pcture
/ in which the proudest, the brayest the most devoted
and united people, now, with sefsacrifcing spirit
unsurpassed in all history struggling for Liberty are
made SlGrss before the world, by the declaration oil
Congress, and the secret powers unmodied and unde
fined given TO the President Sir, this is melancholy
sequel. will here say, as Virgnian, standing be-
fore Confederate judge in the presence of the Atto
ney for the Government, and the Marshal Of this Court
that so far Virginia is concerned, this mpuailon on
her people and her army, is unfounded groundless,
Il wanon. No such necessity existed here. Virginia
has borne much suffered much, endured much OF wrong
and outrage She has yielded all but heT honor to the
Confederate States. Her best blood has howed with
out measure and will continue TO how without stint or
complaint Her sons have died by thousands, side by
i side with their brave compeers from other States
Her daughters have bestowed their prayers their tears
i their husbands, brothers and sons, without murmur-
while they have at home nursed and toied, IN seden-
all to aid the good cause. ALI this, and more, has
| she borne. Her Legislature and Governor-the Com
Il mon Council and people of this cy-when Richmond
was invested by force so formidable as TO brighten
away the Departments of the Government in the calm
resolution of lofty selfsacrce offered up this city,
with its precious and priceless patriots, willing sacr
fee so long glorious army should, around it, or
it, be able to resist in battle the nsolent foe; and
while those terrible days Of suspense, during the bat
ties around Richmond, were covering our heroic army
ladies and children Of the city, were as devoted to
the cause, and faithful in nursing and administering
i to the sick and wounded guardian angels. What
Richmond and Virginia then did, they will repeat, over
and again, whenever and the occasion may re-
quire Nor will the people of any other State in this
Confederacy be less devoted in my opinion. And yet,
sir this State with her heroic people, by this inquous
law, is made one grand camp-subject TO martial law
at the will of the President And this under the tyrants
plea "necessity." For one, deny with proud Defiance
any such necessity; unless it exists In the dstempered
brains of suspicious zeaots basking in the smiles
of "the powers that be-" and what say Of Virginia.
1 believe is true of every other State They are all
true and faithful to the cause but thank God they are
free enough brave enough, powerful enough to oppose
unconstitutional and oppressive measures OF the Govern
men BY every constitutional means al their disposal.
And this law of those measures, illjudged as
it is oppressive; unconstitutional it obtrusive,
Il dangerous and revolutionary -tt
The returns in these significant, alarmngly
significant In several cases. the returns are in the
words of the law, and soldiers said 10 be SHIELD as
prisoners, seeking TO avoid military service. In 9TH
ers, be "held in custody" for the And
this Dictated required and sanctioned by the Secretary al
Var. What sir, soldier openly asking legal RENE.
dy court for that cause t0 be SHIELD as prisoner "
Strange language to my ears! Unaccountable peryer-
sion Of truth, to my mind Are there remedies in
law, for the solder' Is the army composed of "pris
oners" Are the brave who stand in front Of our
deadly foe, to be regarded "cuprts because they
seek without the least violation of any Order or Army
Regulation but this General Order, No. 81 embodying
this law ascertain their legal rights and quietly In
woke their legal remedies? have felt, and feel
despite this law that our apmy is composed OF Tree men,
fighting for Just laws, fairly administered will never
yield my consent TO any law, the tendency OF which
TO degrade the soldier Submission TO authority, ODE
dence to orders, is the first duty of the soldier But,
sir, without this law, such return rs this would be
venured upon by the Secretary at War; Congress has
authorized it, and is here paraded in this Court as the
| esoppel to all judicial inquiry.
Were taken in custody by the conscript officer, as
walk to my residence, and fraudulenty and forciby
marched out TO Camp Lee, and there assigned to COM
/ pany, old as am, would be "prisoner" in the Off
cia cant of the Secretary at War; and you, sir who
know the fasty of any such in my case said
to be sopped by this false, fraudulent and enforced
turn i cannot believe that Congress ever designed, by
the equvocal language used in the fifth clause of the
enumerated offences in this law, to convey the idea ESQ
eagerly caught up and articaly nursed by the Sec
rotary at War; that "seekng to avoid military service
where such service ever due, and could never
be DUE constituted man "prsoner." presume this
| law was drawn by iGryer.' And no lawyer, who has
ever read single elementary work, could ever so far
confound legal terms to say that man can "seek
to avoid" service to which he could not legally be
called And yet such is the Interpretation given this
clause of the law aud enforced in those returns A
/ most dangerous experiment.
Virginia has, by recent act exempted certain Off
GERS such Justices of the Peace Attorneys for the
Commonwealth, &c. General Order No. 40, current
series 1862 ordered the discharge OF all such men, and
others therein enumerated, with the exception Of JUS
tees Of the Peace) when elected to any OF the enume
rated Offices; though when elected they were in the
army General Order No TO- current series 1864, spe
cities, in paragraph No. 2, such persons as may or
shall be exempted referring certain classes to the
LITIGATION Of the Governors of the States. thus state
these laws aud ORDERS for the purpose of showing to the
Court, by positive demonstration, that this law, ex
pounded by the Secretary at War; mpnges upon the
sovereignty of the State of Virginia.
Governor Smith has published letter, notifying |
what officers, and under what circumstances, he will
"cery for exemption" In that letter, he declines 10
certify for any Magistrate under forty years Of age
whose county is in the hands of the enemy. Now,
sir examine these various laws and orders, and let us
see how far this law, with such return these now
made, will palpaby violate the sovereignty of Virginia
Magistrate elected who is under forty-fye years of
age The Governor refuses TO certify" The Secre