The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1865-09-18

Letter From EN.Judge Geo. w. ThOmp
sOn--IEe DIsniSses his Suit against
Gov. PIerpOlnt---A New Era in the
Judges FeelinEs---IIis Desire TO Ac-
cOmmOdate Himself 10 the SItun-
tIOn.
STEENRoDs, near Wheeling, w. Va,
September 10th, 1865.
Daniel Peek, Esq.
DEAR SIR:-I am in receipt of your
note enquiring whether 1t is my inten-
ton to prosecute my suit, in Ohio,
against Francis II. Peirpoint, which
had instituted for my false imprison-
ment. At the time the process was
served upon him 1 had instructed my
counsel to inform him that the suit was
not instituted for the personal gratiti-
cation of recovering compensatory
damages for the personal wrongs done
me, but to Vindicate the constitutions
and laws of the land in which all good
citizens have Il general interest for their
civil and political welfare, and for that
government of order in which the evnn-
geliZed man has higher interest for a
more enduring welfare. You are aware
I that for more than q year / have taken
no steps whatever i'll the prosecution of
this cause, and that the pleaGlings in
the case have, for some time, been at
that stage i'll which, i'll the farther
preparation of the cause, il would be
my right to place in issue, in the foreign
forum, the constitutionality of the law
under which the defendant seeks the
Justification of his conduct toward me,
and consequently by doing so, must
involve in the judicial decision, the con-
Sututlonality of all the State proceed
ings i'll Virginia, from the meeting of
the convention i'll Wheeling, on the 18th
of June, 1861, to the present time.
have not, as have said, taken any
steps IN the prosecution of the suit, nor
raised the constitutional questions to
which / have alluded, / felt that the
mighty causes mt work We're on the turn
of the tide, but how events would be
finally directed no human sng:cftv
could foretell, but the least gifted could
see that the revolution which was upon
the country must soon fall with the
weight of its immense and massive
force into the commissions of anarchy,
or the resistleSs forms and crushing
powers of military subordinntion and
deSpotic surveillance, or rapidly, if God
should walk upon the waters OF strife,
like noble vessel when the hurricane
is past, and she answers to the helm,
right up to the controlling power of
constitutional guidance. The hand of
Providence has been in the work. on
my conscience 1 believe it. To GER
tain point, man in the blindness of his
passions, and in the furious madness of
his tempting interests had thereto
WI ENSAAt bAll NlltEhstlltT l-EONlltnce ILL.,
terposed and made the wrath of man TO
praise him, and the remainder of wrath
he has restrained. And / cannot hut
feel devoutly gratiiied, that olIt of the
multitude of causes at work, and agents
employed, Andrew johnson las been
end.
WHOLLY disclaim any selfish motive
in my purpose in prosecuting Mr.. Pier
point, and now L cannot insist OH those
constitutional doctrines for the vindi-
cation of which that suit was instituted,
however thoroughly l may be convinced
OIL their r1ghtfulneSS, without disturb
ing institutions and unsetling rights
which the partial revolution has intro
duced. Looking upon allegiance as "a
mere accidental and artificial relation
+ belonging to purely political conditions,
ana which, as such, spring up between
the subject or citizen and the particular
4 form of government under which he
may happen to be born, and looking
/ upon the moral allegiance to Faith and
/ Charity as universal in time and place,
and that therefore the obligation to gov
eminent is at all times subordinate to
the latter, and that the civil and the
moral obligation or allegiance are to be
I preserved so long as the woes of revolu-
ton are not worse than the evils of
! government, and looking now at
the settlement of the government upon
itS ihOulueu form ana principles as the
highest duty of the hour, / must con-
form 10 the new state of things and not
interpoSe the discussion of any cues
tions which may tend to retard the re-
turn of the public mind to a state of
nmity and concord. I should be dere-
lict to the moral allegiance resting upon
me did l not lend what aid could TO
tranquilize the tumult of human pas
sions which has brought us so near TO
interminnble ruin.
The President has indicated his desire
and purpose and understand that
Gov. Peirpoint, by his official conduct,
is conciliating all well-disposed and
constitutionally conservative men, las
the constitution is now practically
amendedl and God forbid that any act
OF mine should be construed as tending
to prevent u restoration of honorable
and christian sympathies and Il speedy
settlement of all difficulties, and il
these men can afford to conciliate in the
mngnnnimity of Victors, be it mine to
forgive, whose loss and injury has been
from both sides and whose only victory
is the forgiveness of wrongs for tile
sake of the Cancellation of all with,
each other. 80
You are authorized, in connection
with my counsel, Hon. VIM. Kennon,
Jr., to have the suit dismissed.
With respect, your Ob't serv't,
GEo. w. THOMPSON.
90