Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1864-01-01


guarantee, on the part of the government -
What promise can be more obligatory than that
embodied in this law2 What. consideration more
valid than an act performed the good faith OF the
government, under laws regularly approved, regu-
larly published and regularly executed by govern
ment officials ? What satisfaction more imposing
execution more binding-what tenure more nde-
feasible than the legislation of Congress thus en-
dorsed,. confirmed, and rAti6edG And yet this is
I" no contract" : SIS,
There is vet another and higher consideration in
volved in this proposed model legislation AS the
laws existed and the orders of the War Depart
ment were issued and executed, very large num-
Der of men who were not liable to service at the
time were induced to put into the service for the
war substitutes, in order to anticipate any suose-
quent call of men over forty years of age, or any
call by the Governor of Virginia These men were
regularly and authoritatively discharged from all
service" by the Go0srnOr Of Virginia.
Are those discharges worth nothing! Is the de-
liberate legislation of Virginia worth nothingp-
ISee Act 5, Feb, 1861 Is the official act of the
Governor Of Virginia, based on an erecuted consid.
B Grafton utterly Worthlessp Is there "no contract
: here? Are individuals only to Be held bound, and
the government relieved at will by ec post aet0 leg
slation? Are there no principles involved in this
matter which underlie and support the very frame
work of all constitutional government What is
society but contract Compact What is gov
eminent but compact? Is not Congress and the
Confederate government the result OF a compact
What poDer has Congress that is not expressly
granted under contractP Should it. in its hot haste
and inconsderate zeal cloldte its contract Nth Vt
oinia Are we hereafter to be told Iwhen more
centralized or consolidated government may, in
the estimation of President Davis, abe deemed
necessary for the public Defence" that the Confed
crate government only granted privilege" to
the Statesp Let gentlemen think.
What power has Congress to pass retroactive
and retrospective lawP Will not the proposed act
of Congress be retroactive and retrospective p
Will it not dVest rightslega vestedH Will it not
recall acts and violate contracts valid in themselves,
until rendered on. sought to be rendered null 6y
this lGao now proposed? See Sedgewick on Statutes,
pps 1873, 400, 49, 4s4, $50, 696, and Johnson's
Reports. Also, examine General Orders, current
SERIES 1852, g. 80, 81, At, 81, 70, and 90. Also,
General Order No. SO, current series, 1868.
These orders will unfold the advised, deliberate,
authoritative action of the War Department guar
anteeing the rights and immunities Of those who
put in substitutes and declaring the intention pur-
pose, and policy of the War Department. Are all
these vagaries, delusiVe promises, unmeaning,
tcmporising catch-words to entTap? 1t Is to be
hoped not. 1: they should be so treated by Con-
gress may it visit such ruinous legislation on
the Treasury Department when the monetary pres
sure becomes too serious for the wholesome egisla-
ton of Congress? May it never occur to President
Davis to inform the bond holders that the Govern
me0L enICTeu lHJO HO COHIdCI Win GteW, duup u
their bonds are not paid they will have the high
qualification of knowing that at. all events, they
have added to the services of WARP"
have thus, gentlemen, presented as briefly as
can such considerations it occurred to neces-
sary and proper to invoke your calm, mature de-
liberation on this grave subject, in which SO many
Of your constituents are deeply interested, and,
I. more than all, which, in my opinion, so seriously
touches the good faith OF the Government In doing
so have but discharged my duty to MY clients. /
am sure you will appreciate my motives
But it is said, TIE necessities of the country re-
qure these men in the service. What necessity
can be more exactng than tho preservation of.the
good faith of the Government None, IN my opin-
ion. But is there no way by which all of these
men can be rendered serviceable, and yet the good
faith of the government preserved? II is certain
that these men never asked Congress to pass the
law which it is now sought to abrogate. ltwas the
voluntary act of Congress. Are the innocent to
suffer to screen the guilty!
No one-howeSer old or young-has right to
refuse duties Which he 0ueS to his government 1t
is the first duty of every man and boy in the Con-
fcderate States to right and if need be die in de-
fence Of our tlag. Cannot these men fairly and
legally be required to form part of the reserved
corps, only to serve when occasion renders their
services necessary? This part of our defence has
been unfortunately neglected. An act it seems to
me, which places these men in this branch of the
service could not be complained Of!
would Scorn myself and belle my heritage were
], professionally or otherwise, to counsel any one,
be he client or not to shirk duty in such times as
these. But while am bound, personally and pro.
fessionally, to stimulate the weary, encourage the
timid, and shame the laggard, / can never fail in
my duty to my clients, my devotion to the laws
and good faith Of the governments And while
would counsel all to spurn President Lincoln as
the Judas Iscarot of modern history, who in kiss
ing the goddess of liberty, betrayed the spirit of
freedom, I cannot but express the wish (for the
good of my country that President Davis could
manifest more wisdom and less vanity; more true
moral fTmness and less selfwill Then, indeed
we shall be more than conquerors in the race set
before Us. l would address him in the very lam
guage used, under somewhat similar circumstances,
by Lord Burleigh to the imperious Elizabeth when
she had alensted the affections and awakened the
apprehensions Of the English people: "GGin their
hearts and they tOilJ JUrnish men and money
These very words were reproduced by Sir Robert
Cotton, and respectfully whispered in the ears of
Charles the First, in the most critical period of his
eventful reiga. Elizabeth adopted them, saved her
crown, and was the most popular person in all Eng
land Charles rejected them, lost his crown and
head, and well nigh ruined his country.
Respectfully, JOHN II. GILMER.
Richmond, Dec. 49, 1863.