The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1864-09-22
NOTES OF ARGUMENT DELIv-

Hay IL please me tpHff5 btloIp 4 proceed 10 dll-
swof the very ingenious able and eloquent argu-
ment Of my learned friend, 1t is proper that should
notice particularly one remark which fell from his
lips, hope, Inadvertently. The learned attorney
said, III his concluding remarks, that "any other
Government but ours would have resisted these ap-
pitcoftoHS."
Sir, these were strong, significant words coming
from the LEGAL advisor oi this count with his official
robes around him. They awakened feelings IN my
bosom which find ii difficult to suppress. feet
that stand III the presence of, and before. au
gust tribunal, where all passions scnced, all
prejudice huailel, az p0hfcT Sg6dacd, by the " st
small voice" ot justice, cmanatng from that source
which a,rS eo satjectt0n every authority not de-
rived from the law and sanctioned by the constitu-
| ton. There Is 10 power on earth which can right
fully silence the mandates Of this court and to
-Isr them Is treason against the constitution and
open rebellion against the laws When your Judg-
mcnt IN these cases shall have been announced, It
will be the law Of t@e Land and there Is power
which can resist 1t. Though il falls III the mild
and modest tones Of enlightened wisdom soft" and
pure rs the dew OF heaven, 1t Is, sir more autholI-
| tative than an army with banners, more conclu
aIyc than all other orders combined; "id 4 rdnH0f
! be resisted.
But, slr, II Is IA melancholy tact, made manifest
III the evidence before this court, that the Secretary
II War has, At every pOiut, i'll every aspect, and
with every conceivable me@ at his disposal, up TO
this point, resisted these applications. Yea, sir, h.
has gone father-he has dlsresarllcl the expressed
wishes, put aside the written directions OF the Presi
dent to the disposition and control Of these
This | say more iii sorrow than i'll anger" His
statement here i'll court iii explanation ot his failure
to adopt the suggestions and act i'll accordance with
the objections OF the President, regret much as
do the noncompliance itself am sure the Hon
ortble Secretary did not intend-what might be in
crlGd from his eXpanttlon put the weight OF his
and Judge Campbels opinion as to the law i'll op-
position TO any anticipated reasoning and authoIi
ties which l might, i'll my poor way, adduce and
oiirr for your consideration; much less could hc
have designed to ioTestaii the Judgment ot this hO
uoIablC court.
BE that as il may, only say that, however
learned IN the Law, high OIticltl position, and M
tillble in military literature those eminent gentle
men may be- their 0pta'URS, aa now made known,
are only P6fSUaStce, they have no binding effect
they pose Inherent virtues which cntitlc them
to that high consideration and ascertaincd i"S'l
measurement to which the tao, Il Stands er-
p0u98c3 dtCiatGd, illustrated, uHd CHtJrGt3,
The PaYJS d reported CaSCs, 6ndjay cCcn on tbs
toiat, bfcatse Hcy are aJjaiicottd
You aud | slr here III least, know the value u the
written Ew declared pttHCtpieS aIjtiicntta cases.
The judgment ofa competent court well pronounced
and recognised Is authority IL permanent as 1t
A. pcfraiEe as uiIifoIm As 1t Is universal II yields
to logic; 1t saves way before rhetoric 1t stands
firm against every outside pJeSsGfs Once c0eTicl
settled and ,tdudcdtcI primo ilc, II shed It,
light over eytly Uthtr lninary, and rcbikes scit-
mtoTctt with much severity as II tame assumed
authority WltI IL Sct-7u>taHu," vlSoT. Here, at
l,ast til, voice ol Laws II potent, eyrii to controlling
thi- court, matter Wilt h, views, the feelings,
the policy ot the GoScTh,ciit IIy indicate. Il l.,
then. 10 that tIt}tial add myself Ii my rllcI
are sustained III then applications by the ltT, 1t
M3tttl- not what may DC tAy opinions Vi ''uil
oUnsT~ however exalted in their station and
ciliiig III their CONVICTIONS.
The fact Il these oast>-nlceti, Iii thlit y-Ioln-
plain and low. They need but i -ilnpi, stale
III, Ht 90 RENDER thch clear AMI hey oid doubt. My
tI0ut iTG M,trN land T.. IirV enlisted III tIt mill
tiIY ScEEI,- Of iugy.jd, under special, written,
,"I,t4 Contract III 1861, ior three Years, II the
mould last 81 long; but 20 lie d,hlrgCd sooner, II
the Otsid be closed before the expiration UI the
pciOd oi tlliI enlistment but 1T All events ~ b,
discharged 1T the expiration Ui the three years
IiJsc were the stipulated, executed terms vi then
enlistment Virginia a5sentcd to thee terms She
dttcGW,.rts turned these men. IN MtS cJi.hat,
JCJ r. TIE foHfs8,fVtc 5fYttS. The Secretary al
Va accepted them, a:id along with them. tls
tf"ts4 agfstmr,h liy' l. the Whole case Aud
vet thee f,.tn after the plfuu VI the period OF
then enlistment are It'll claimed by the Secretary
Il Wa a. ao'att'% ("' The "h'. Can tins asserted
Iiim Ue sustained
iiI,t, a. to the facts. What nave Just sttted Ia
n tull proof But hs Is not all 1t l. proved that
WL,l the citizens Of MlTy yltI.d volunteered the
service Ut Virginia, they then, anl have always
since, intended to return to Mary land at the rXrr
ti0n OF th" period of their enlistment. The act and
terms OF enlistment prove this. Their uniform de-
ol.r,tions slnce prove it. Their application ior
discharge confirm 1T. Sat thia Is not all 1t Is III
proof, by their commander, that they have all
been true to their contract that they have per
formed then wholr duty at all tunes. under ali cir
| cunstances and under every trial. They have been
brave, Ubedlent galiint and steady. IN storm and
III reposc, Oh the battlefield and III the camp,
oil picket and III the trenches, eycryW itrt, they
have all been faithful, brave, efficient soldiers.
Yea, more; that they are now true, loyal, high
toned, devoted friends OF the Confederate ca-e, and
would have, to a mat, ff-t"f'St'f, tie secretary
at HaT hnd ash ed then SFGtCeS, tol tba baiiHce Of
fhis cHmp'tgH. Suoh are the 1Ict5 IL to the petl-
toner. How do they stand as tU the Secretary 1t
Wm!
On the Sth July last. Captain Dement, addressed
this note TO tie proper authorities:
"CAMr FIRST MAEyLAHD BATTFRY,l
M,INrosH's BATTALION ARTILLERY,
Judy Sth, 1861.
'Co}o,.1 u. II. T,glo,,
"AsststaHt 4lJuta3t- Gen,yal.
Sr 1 respectfully ask for the proper authority
to discharge certain members of my company First
Maryland battery,) whose term of serylre Will
plre on the 18Th July, 1861"
rhi. etter WAS, by order of General Lee referred
Ia the Secretary at War, who returned it with this
enlargement Returned through GeIleral X L.
Ice The Secretary of War haas decided that Mary
IaHders III service may justly be considered stay
ing III the tontedcraey ior ali indefinite period
Idents that they have east thcir lots with Us
and liable to Like duties Iii resisting Common
enemy, with ouT own cithens These men Will be
retained III seTVlCc."
Captain DcmCnt, not precisely comprel,lIdng
thIs novel mode Of constituting Mlrylandors III the
service, under apeciI contract, and iOr limited
period, aa "raaIdcnta, appealed to the President
No reply beng received from the President, my ati-
vices were retained These petitions were hlcd
after effort on my part, Iii the most respectful
AEannCr, to prevent litigation, without success
Now, these parties are htfC before tAlS court, with
one other singular iIct Oh the record which 1t Is
proper 10 comment oil ts an important branch OF
the history Of thege 1t that the letter
Of Captain Dement, addressed 10 the President, was
Oh the "a of july by that high ana respected inc
ti0nary, regularly p.orrcd to the Secretary at War;
with this cndorSUmInt:
| "Secictaiy u Vay As this appeal is founded Oh
Il construction Of laws applicable to the case sly-
gtat that the IecUId be presented with these letters
ana ret,l cd To the AttonryGSncTdl tU an opinion
''JEFFEKsoN DAVIS"
The Honorable Secretary at W.u informs Us that
reference was never had. The Attorney General
was never consulted because says the Secretary, lac
and judge Campbell CoHCuIred III the oplnlon that
the law against the appeal, aud 1t was not ne
cessaTy. This Is to be regretted. But, Sir the
opiuIon If the AttOIIey General had 1t been gwen
would not have been conclusive Iii tins court is t.
the law / wish, however, We had 1t. We need all
the light at our command iii these grave debeIa-
tons 1t j. not here, however, and ] proceed to
consider the lac o.!ifte Il 10 crSt, with the
mark that the President has, Iii this matter, done
| his whole duty to these men
By what authority the Secretary at War arrives
at the SINGULAR decision announced, | am at loss
to know 1t is hot only, iii my opinion, against all
law IN all civilized countries, but II has hot i say II
with all due respect tie senbfce II tatt TO stand
| on or under. Not an elementary writer, OF an un-
a,iIudlcated case that familiar with countc-
nlnces such a conclusion They all rcpudate IL
They all establish tend to establish precisely The
reverse. TIE very authors referred to by my
learned friend establish the OF his prop
ostion / need hot cite them. They are too
familiar to your mind 10 need special citation here
Fillmore Bower, Domat, Story on Conflict OF
Laws Kcnt--ai refer to the general principle as
to doca They all treat this question with learned
refinement, ana from them all the gTdhf DHeIt0H
is the inteutt0n the quo amino OF the party. Re-
sidenee is but one OF the tndc'a an elemental M
ttnr tsf. fF.ld