The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1864-03-29
Rtcnxoyp, March %. 1854.

RICnsoSp, March -, lSt4
| go STATE OFF FRS Opinion OF
- GltssR on CIV sMlrns Published Letter
Gen,lemen: Your letter nf the s5ss, Il ftl.sNeu
wth copy of the renarf. all. letter os Gov nii.'
Of the l7,h inst. You ask my "i-gai ornon ~
| ,ls points stned In that letter ahe a'T' S''''
Hent Of the decision In BrSaken'S case - ~
Il regret that you should have irvs.a W ~,
the unpleasant duty OF ,eVs,"',s I", 49,, ~,
| ter: bur rs Won tav, enclosed inc zee, '"u we.
| Sailed IN. on question iegitnsfeiv hsiohe's u
| o,y profes lon an. Tire question nsei! IS o". "
Vial general Importance, q" iot ,o. =, q, mi
| wi,hLn,d my scsai opinion, ana t"s,eio,o pao
| fn n a. r,ouestcd Without disclosing your h;es
The grounds assumed by H"v Sih'to aie' W. ~
illegal opinio",h rs move! a. my ~ ,",s,,,,r,
| "a v,,;J indeed be- Just nov, q .ins' haI'iceu'
experiment for the Confederate taVtin'.ei , ~
| ,I.pt Coy Smith = aicde OF reasoning ,siHosIo
| ,gcfrfuv. pere IL tn do 20 III go"d iaith " w"'di
| 80 a Iogtea, deduction, III once exclude from the
| rontca.rst- Senate four Senators, and ifou' NE
| tower house al the members from The Stai'S vi
| Missouri aud kentucky.
| .fIs = fari hevuna controversy that each and
both of those States aEe ~ completely IN itir p.
session and ''under The c"htri at the ~" my =.
| Is any county IN tirstni3, or ever WIZ pe' :.
,,.p Governor smiths hU'o'heS!S Is correct 'nu
| his deductions legitimate, on this point nav"
| only 10 ash what IN" OF the conie.et;'e ,"nsiIs,
viii bear the G3SHabiC Of his reasoning: Aho "ia'
right or power, pray to know, has the '"liicaef
ate Government 70 nit those representatives 10
pass laws conscT'pting Virginia justices, she'iH7,
&c.. ia tax her people. and suspend too pttVl!ts's
of the writ of hGbsd oors, while snVeEoF Sinith
assumes 10 ..imself the power-nn where dele
gated.io withhold his official endorsement from
State officers who are specifically ana psrcHp;ot-
~ exempted without aud independent os his Ger
;iicaiiou'
The bare Statement, Of The p'iacip,e involved p'-
this le;er of Governor Snii, IL another anu
melancholy evidence nj line pfcccnceivtd mot to
say prccoucnT;a!) system 20 degrade Stale author
ity b. magn!tying centralized power in the han,is
of Executive and ministerial agents, who, after all,
are but'ihc servants OF the people and states,
he 4 no fE,.t
expressly exempted, without qualification justices
of the peace, attorneys for Tie Commonwealth,
Shcrifs, &c. There was 40 qualification or condi-
ton as 10 or whether their counties were in the
possC ssion Of the enemy. TINS exemption was
,lositipg aad ;iat;Gt0'g, and enacted in and
tnder circumstances which preciadCd tand
designed 10 prcciude) all discretion authority
on the part OF the Governor. For i!iN, ugGCT such
circumstances. "a withhold his ceiltaeeIioE would
N my opinion he as harmless 10 the otrleers IN
question as il would be gra,uit"ns.
But you ask ne, !'SuppoSe man under fottv-
Ave years OF age, and in The army, was elected
jassice OF the Peace, Sheriff, Attorney Tor the
COMMONWEALTH, &c. could Governor smith right
fully withhold his commission OF rati5cafion. ard
;.ius prevent his accepting and entering lie
discharge OF his duties 20 Hfslc,T he coGii mt
There Is general order issIed, in virtue 81 an aci
nj Congress. e.emPt.ag al II His Class trert JaS
hes # tie Ptu.e s01H Is ther election Is 70
peri. certified by the Cie,t 10 the General com
nanding MS o!cef ard ia:3 iauSt have escaped
the Governors researches ~ his consideration OF
Ire qdesi n c5'grcS' has exempted All S;iciI sol
tt.ts without any act O! authority " the Cover
nor.
But you ask ne, '.What remcdYthefe wsluld l,e in
SIGH case, the suspension 0 the writ u h.
'-is c05fus7 answer ;iat IN III such cases except
SiS:seS OF he Peace Tie law al congress dnd Gene
T3 crdef No. &c, current sesi"s. 1853. il ttdaGa3sY
CAL fcre7altd'y and is To Justices o. The Peace
.S remedy i plGs:, dcf1H1:'. GE3 ,0iGl'e'e Con
gitss has not, ss yet stspe; Gcd the wfii Of MAN
pA2rS; ani this would very coon ties; zoe ohjec-
ions OF Cove nor Smith ii q manner somewhat
toe stringent IN its potency long 30 :e ef unhet dtd
t.o" far the next Legislature would feaars Sjch
'a0ii-7cts1a ~ the E"vsfgcs legitimate ~uBef,
il @"i 81 s.s< Ia Indicate ce:i4g, however !; H.
CT II is not degenerate hoIv,} il would teec.i
hiii Il Tracticdl lesson which his successors wcuid
T. tie ca5 t6 6rtsEti hitts, as y'su siatr,
coldU' ted, i, + In nutshell s'r. Bra }hen WAS Il
;oiUarrel; had been lG the army s,ncc 1861; nas
elected IL May, lrt3, Justice OF the Peace ~ tie
COUNTY ol Orange mad qualified, aad was al aei!a-
Justice, He Was refused GiSchIf1e b. ihe hiiI
flfy autA; ui.ies. 1 applied "a! wit OF h4tsGS
cD,s,l-, MhiSh va. CisbUialey a;gaIt f.. and
against l5r petitioner. judge Meiea.i Il irarned,
di-ct<rI, able lawyer, Fa." an; enlightened ,i:an,
a ifn, spirited, and high timed supporter ct the
SiOatAern cause, and In every fssp"c:an ei!nenttg
worthy and pure patriot. dtfHtgei that Bfot:ejl
.i,9,tti x discharged Aso as WAS piscH'EsEn
Thr at If Congress passed the 2st 81 Il, 1852,
as 10 State exemptions, and The act uf the Legislature
al Virginia passed Isl Octubpr, lc,.l, ccrs 40 tt.
.lict 10 ce.n. az dol.t in the mind at The able and
lea ned Judge, and yei, w'hi" 0!.s discharge was
of Necessity, res pUcted, Tie LuEitdefate aut-,"
lies have refused 10 discharge others similarly
-itna,s, WHICH must b. allowed here 10 tein''ih
il n me i.re Sayof maHiieEtiEs ;tSpec; f"' rttle
tjshts aud Just laws, fairly Administered me tsat
LIE ar rather principles, Tor whieh tiis ~hf WIS
commenced -, A., 81 ,h. ! ea,s,,,nre az
x, -, cc1,fynas the tecls; ~ CT Judge Aefrtith,
.rsnters IL dG.,rHatrcsiy ntahddTy On ne b"et'fs-
~ rnd he CoafetetGte amhcTi.ies' ana thus raves
his .unole question beyond DOUBT or edfii, oHe'p
ms enirss of those who seek 10 disregard aud
-. uaurhf State authority, Stste sovereignty ana
ftsdicia1 sTUsotao'itly. ,,iIoa,., ,,r.ss,s MI,
IN noncrniiou of the ie!cacy aud responsibility
g no ,ssua- Involved What II may be worth is
"a, Tar me 10 say. However /! may Tie how
di ar liz author treated b. the authorities, it i.
siytr for what IL. fs worth MOI do iee the least
s,,nhension as 10 what Will Re thought Of Il or
n.v.eir In after aud better tme. when the spirs
ana true manhood which in fusier times cil;rac-
,nfizra Viyiaia statesmen Is restored 10 s.en ia high
places.
NAV be permitted, however, TO add that II l.
nts in my opinion, conmendahiC in any ole, ia
out of the army, u seek Office for The purpose
Of avoiding military service. |! l. first iuty
| sustain, With manly fuititude The army. 20 do
| this 1t is not necessary 10 soate any law, in
| fringe 0n ahy existing day Bur when citizen,
soldier III the service, IS lawfully elrc cd any
| Office wh!cG entities him 10 Il di,chaige, Il l. t.e
tMretas dsfy If III, authorities al 10 dischIrgs
han, II this Is not done, 1t IS III" dlty of the Off
Ger li.ns elected to his rights ia the proper
legal manner. The iaoo is The only rehtful MASTER
Its mandates are as imperative 10 high officials as
they to the hnmb!est soldier ciiizen WHILE
should be ready and willing TO f.ht at all times
| and under very Disadvantage Tor the viHdicaiion
of our cause, we shoald cvety ma.l--e, the same
| time aud under every vicisstsde and temptation,
oppose, by all legal means, every unautipiized as
| sumption of power and question, al every step, the
| graz ping efforts row teing made 70 consolidate alt
power in the Confederate states, 10 tile utter saS
version CT the vested rights OF the States and peo
pie, come from what quarter or in what sha pc ,hny
| may. No sacrifice-but tina, OF our honor or man
bood7is too great To secure success in this
Hut the success must he to tle States, States,
| this revolution will be worse than 1. shameless
| moekery Now 10 barter away STATE SoceieiGg.y for
| q shaOoae IS aUofse thar 7laiaess.
| Respectfully,
| ni GIT JOHN Ii GILMER.
| -----------
OFfIcE OF rHs MARYL Nd ScCIETY,f