The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-10-28

rlenCe tOrCcQ upon DTaFe, Salilnt, Coi-
servative, and aw-abiding people. | coun-
sci coolness, forbearance, resolution, and
silence among our friends. I can only add
that it is nv resolution to test the matter
fully and to the last remedy.
JOHN II. GILMER.
RICHMOND, October 25, 1867.
Major General j. u. SchofeId, Command,
ing General OF First Military District Of
Virginia:
Sir,-I had the honor, on yesterday, to
address you brief note, protesting
against the polls being kept open on
yesterday in this city, and informing you
that Colonel Thomas B. Rose had been
guilty of conduct in his official capacity
as Superintendent Of Elections "deroga-
tory to the Department he served and un-
becoming an officer"
l now respectfully address you on this
subject. In approaching you, sir, in your
official character On this important and
delicate subject, at once recognize the
dignity, power, and supremacy of the
United States Government. From my
knowledge Of you personally, l am
glad to feel assured that, however we
may differ in opinion, we shall not
misapprehend each other. cheer
fully accord to you that high sense
of personal honor which should always
characterize a Federal officer; and hope
with you at least may claim for myself
those rights, immunities, and franchises
flew as they are) which have not been
taken from me by the stringent aud harsh
legislation of Congress. | am, sir, al
humble but devoted son of Virginia. |
was, in days gone by, proud of her; now,
in her humiliation and distress, [ must be
allowed to love and serve her. Though
down trodden, do love her for the past,
and cherish the hope she may yet recover
something of her lost power and yet feel
her native strength on the American CON
tincnt.
AS a citizen Of Virginia, | yet have
chartered rights and franchises, sacred at
least in the eye Of tho law, fully vested
in me, lnassailed and unasSailable by the
Federal Government. As 4 voter and
property holder in this city, have rights
vested, privileges accorded, and immuni-
ties guaranteed, even under the very act OF
Congress as promulgated by you in Gene
raj Order No. 33, current series. In be-
half of these, sacred to me at least, and
still potent for good even under military
rule, | now desire to call your attention,
and to invoke through You the protection
of the law.
Sir, there are periods in the develop
ment of nations and peoples Swhcn the whole
theory Of government and essential essence
of popular power, by concurring and ad.
ventitious circumstances, centre IN and
hang around single incident, awaiting
pointed and firm action, the result o
which involves the maintenance Of the
true spirit Of liberty or the utter subver-
sion Of all law, order, and safety. We
here in Richmond now occupy that pre-
else point. The pointed and firm action
needed l now respectfully but firmly In
yoke.
am aware, sir, Of the delicacy Of the
position | assume. lam aware that those
who fear military rule and trembe before
military power will deem me rash, perhaps
even presumptious. / entertain no such
sentiments. / am assured in your hands
military power can never be perverted tc
arbitrary and absolute power. But even
if this were not so, the occasion has now oc-
Cured when, in my opinion, to remain
passiyely acauiescent would be treason tC
the true spirit Of liberty and rebellion
against the permanent and sacred lntc'
rests guaranteed by the social compact
and hallowed by all true religion.
/ am sure, sir, you know me wei
enough to appreciate the full force and
meaning of the language | use. | an
persuaded that, under all circumstances
your Judgment will abide in the convic.
ton that am actuated by proper motives
and influenced alone by patriotic conside
rations in entering, as l now do, most re
spectiuliy, my earnest and solemn protcs
against the count Of every vote recorded
in this city after 'sundown Of the 23d day
of this month, on which day and at whicl
hour, by and in virtue Of your original or
der appointing the " time and places" TO
voting, the polls were closable.
In my opinion, after the most careful
consideration of these questions, ever,
vote recorded after that time was un
authorized and in violation Of Genera
Order No. 33, current series. Your power
are not unlimited. They are all dcriva
tive. From whence are they derived, re
stricted, and defined? 1t is a wide mis-
take to suppose that because the ciYi
governments, State and municipal, ar
subordinated by Federal legislation to th
will and discretion Of the commandin
General, that be has absolute power
Every right vested in the individual citi
zen, and not divestcd by the military bills
still remains intact, and is, even under thos
harsh and proscriptivc laws, sacred. Their
is DO rightful power anywhere to ASA
them, to modify them, or to qualify then
much less to destroy them. This you wi
readily concede. Then, sir, allow me
measure your powers as derived from tn
act Of Congress.
The second section of the supplement!
act of Congress, as published in Gener;
Order No. SO, current series, reads as 10
; lows:
"That after the completion of the II
T gistration hereby provided for in any Stat