Richmond Whig. [volume] (Richmond, Va.) 1862-1865, 1864-05-02
ADvERTIsRNTENT.
SUBSTANCE or TIE ARGUMENT DELIVERED BY
JOHN Il. GILMER, BEFORE JUDGE J. B. HALY

s1pT1g, 1904.
May it please the Court;
II Ia, been said in the argument of these important
Gases by the Attorney for the government, that the
Seouestraton Act the Conscrpt Act, and the Substi
tute Act, have brought into this Court the lawyers,
ike 40 many frightened gTIts, procaimng that cVil
liberty was gone and the country ruined, If those laws
were sustained. Among these distinguished gentle
men, my friend, Mr. Gilmer, has figured, with ZEAL IN
denouncing the government. But all OF these laws
have been successfully maintained by the adjudication
of the Courts"
II is not for me- on this occasion, and before this
honorable Court or the country, to defend my past
course on the different measures OF the government
which have felt il my duty, IN my professional char
acter, TO assail Whatever have said or done, has
been accomplished in open Court, or IN puoilcatlons
in the press under my proper signature. have no
apology TO make, here or elsewhere NO retraxt 10
make; no sxtenuatiOn to urge am Wiling 70 aolae
the impartial verdict of history, on my words, acts
and deeds What have said and done, has always
been the result Of deliberation; and l nave never
sought indemnity behind protesatons oil loyalty from
the fullest measure of responsibility al all umes nor
shall now do so for what may think proper to utter
in the argument Of the delicate and vitality important
issues now to pass under my review 20 government
s worth preserving which shrns from an open, manly
fearless scrutiny Of its lGlUs, us rulers ana US measures
stand here today on Virginia SOIL to speak as becomes
freeman in defence Of vested rights, chartered guar
aptees and individual liberty lmbued win the spirit
az "our fathers" shall not fail to emulate tnelr pat
triotic zeal and tread fearlessly in the pathway oil
duty. -, ,h., u,hon g.,
/ NAV saw however, in advance, that Wnen hrst
imeJ the attention of this Court in 1861, IN the dis
eusson of the first Act alluded 70 oy my rlenu, ue AT
for the the Sequestaton Act stood
alone felt il my duty as Virginia tG'oyer' sterniy
and proudly to rebuke the deliberate eort then made
by the then Attorney General, J. r. benjamin, Esq
10 insult and degrade the profession certain inter-
rogotories by him propounded, under the sixteenth
section of the first Sequestraton Act. was as
prisoner at this bar in opposition 10 what conceived
10 be La,psss and unauthorized assault upon the dignity,
nd nm Md
rights aud honor Of my profession anu an PROUD 'ns
dsy and in this Court room to return you, SIR my ac-
acknowledgements for the judgment Of defirerdnee which
you then pronounced in my JdrOHr SIR, II was an honor
shall forget for IN protecting me- you h0n0rea
he seat which YOU have ably titled, by shielding
the entire profession from most wanton needless and
tyranDical blow dealt by the lniurlaed hand oil the
chief law officer Of the government. Ihai enort was
not unayailing for your judgment reflected on Con-
gress and that body at its next session. repealed the
sixteenth section by the tweny-ifth section OF the
amendatory act.
am not without hope that your judgment, on the
law now under consideration, Will, whatever II may
be- induce Congress at its earliest convenience, to
yiew the law now under consideration. For, as il
now stands and is eXpounded by the returns made IN
these cases. must be allowed TO characterize it, in
each and every part, burning stigma 10 the States
composing this COnJedtrGey.
View il as we may, under any and every copceva-
bic phase, it is anomaly; in its political effects
than the alien and sedon laws; dangerous than
every passed by the Congress of the United States
Pandora Box, and if it is enforced it claims TO be
enforced, will subVeft the entire structure of gov
ernment annhiae every yestge of State sovereignty;
strike down every barrier to civil liberty; crush every
effort 10 protect individual freedom and rear, the
ruins OF liberty, the Temple of Janus; TO be closed or
opened at the will Of the executive. fearful power,
an unlimited authority, bonndless sway, unmeasured
by circumstances and unchecked by the least restraint
is here created, and Internationally placed at the dis
posal of the President. This sir, figure of
speech address myself to the judgment of this Court
have no occasion to deal in extraVagant hyperboles
We are here TO deawith practical ssues--solemn ques
lions-fearful consequences The heart may well beat
high, and the pulse quicken, when we contemplate the
alarming posture in which this Act Of Congress places
US before the world. But high as is the eminence-
deep is the yawning gulf beow-it is nevertheless,
my duly, yours, poise well the Judgment that
we may the more certainly arrive at that conclusion
safest and best, because constitutional and right.
take occasion to say, in advance, that am not here
to deal in invectves against the President With MIR.
Davis, personally, have nothing to do. hope we I'M
dersand each other. As the Chief Magistrate Of this
Confederacy, viii uphold his lawful authority,
and sustain his constitutional actS-at all times and I'M
der all circumstances, at the sacrifice of my
hearts blood. j admire his stern will-infexibe pur
pose-unyieding energy But he is not without his
faults He is but man; liable to error, and suscepti
BILE of attery. He necessarily operates through agen
ces and various the necessities of the
occasion demand. By these he Sees and hears and aeis.
We have too much reason to feel that in many nstan
ces, his agents have been worthless and corrupt,
men who u be entrusted, under this rssusciiaied
relic Of nqUS0n with the liberty of the private citi
gen. unconnected with the army Sir, the mere con-
temptation q this fact, makes my heart shudder Such
power-to be exercised at w--should never be grant
ed to mortal man. For one, | would not entrust this
precious casket-this priceless jewel-in any body of
who were not restrained by the written mandates
of superior, supervening law. Yea, sr-l mean no
profanty-were Saint John to appear with a second
revelation from Patmos would not yield up such vast
power to him. And am to be held up to the country
aspersng the President denouncing the government,
weakening the cause because question the validity,
and denounce the mad policy of such law this?-
Be it As long | have voice to articuate,
to raise, will protest against and fight against, I'M
constitutional acts tyrannica usurpatons, and egisla
tive assumptions OF power. While | would willingly
sacrifice my life on the altar of liberty, will never
yield my birhrght to yrant in any form, come from
what quarter he may The arm that strikes at Vrgnias
sOrereiy, shall crush these old limbs, feeble they
are before it reaches the honor destroys the flag of
Virginia My resistance may be feeble, but my resolu
ton is inyncible.
We but the verge of this revolution. 1t opens
up, and discloses TO view issues, grander scenes
glorious prizes, as it sweeps aong-nvoying the
cardinal features OF religious and civil liberty, in its
pacous circle. The deep waters moved. Nation
after nation, and people after people, becoming en-
circled in its spreading, and widening, and deepening
sphere. To turn back the advancing wave is imposs-
BILE; TO duse it, will but multiply its powers, and ag
gravate its agitation. Stern integrityasured wisdom
cautious sagacity-far-reachiDg diplomacy can alone
stay the storm, and "stlll the deep waters.
Sir, this revolution is the child of oppression. We
emerged from the old union search Of constitution
al liberty and institutional freedom 1t the
ure of necessity Sovereign STATES nGugured it; bap
tsed it In the blood of their people-in the name Of
each State, acting for ITSELF There now no 'peo-
pie of the South" We are known, and intend to be
known, as THE STATES OF THE SOUTH; sove-
reign States, having common agent, known as the
Confederate States, whose powers defined; whose
will is subordinate; whose authority is limited 1t
lists agent-acts as an agents responsible an
agent; and be made to cease at the will of the
States, when and they may fit 1t has no implied
powers-no original powers; except those expressly
granted. Ii is, in its constituted sphere Of aeOn auho
rizsd agent, and the moment il assumes ungranted pow
ers exercises unauthorized authority in any of its
departments itself the originator Of rsr0luti0n, in