Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1867-11-05
THE LATE VIRGINIA ELECTION.

So gross and outrageous were the frauds
resorted to by the radicals. to carry the city
of Richmond at the late election, that JOHN
H. GILMER, Esq, an able and prominent
lawyer of that city has sent to Gen. SCuo-
FIELD an earnest aud indignant protest against
the proceedings of the 24th ult. In this
protest Mr.. G. contends that the powers of
the commanding General are not unlimited,
but are derived from and are restricted and
defined by the supplemental reconstruction
act Of Congress. Below VIC publish entire
this protest, satisfied that its manly tone will
commend it to every reader:-
RICHMOND, October 25, 1867.
.Egjor- Gencral'J H. .SchOfeI,l, Commando
ing General Of First Military District of'
Tlrginia:
Sir,-I had the honor, on yesterday, to
address you a brief note, protesting against
the polls being kept open on yesterday in
this city, and informing you that Colonel
Thompson B. Rose had been guilty of con~
duct in his official capacity as Superintendent
OF Elections "derOgatory to the Department
he served and unbecoming 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. cheerfully
accord to you that high sense of personal
honor which should always characterize n
Federal officer; and hope with you at least
| may claim for myself those rights, immu.
mites, and franchises Cew as they are) which
have not been taken from me by the stringent
and harsh legislation of Congress am, sir,
an humble but devoted son of Virginia. l
was, in days gone by, proud of her; now,
in her humiliation aud distress, must be
allowed to love aud serve her. Though
dOwn-trOdden, l do love her for the past, and
cherish the hope she may yet recover sOme>
thing OF her lost power and yet feel her native
strength on the American continent.
As 4 citizen of Virginia, / yet have char.
tered rights and franchises, sacred at least in
the eye of the law, fully vested in me, unas-
sailed and unassuilable by the Federal Gov
eminent. AS voter aud property-holder in
this city, have rights vested, privileges ac-
corded, and immunities guaranteed, even un-
der the very act Of Congress as promulgated
by you in General Order No. 33, current Sc
ries. In behalf of these, sacred to me at
least, and still potent for good even under
military rule, | now desire to call your atten-
ton, and to invoke through you the protec-
ton of the law.
Sir, there are periods in the development
of nations and peoples when the whole theory
of government and essential essence of pop
ular power, by concurring and adVantitious
ri in nd hon
single incident, awaiting pointed and firm ac-
ton, the result of which involves the main
tenancc of the true spirit of liberty or the
utter subversion of all law, order, and safe
ty. We here in Richmond now occupy that
precise point. The pointed and firm action
needed l now respectfully but firmly invoke.
am aware, sir, of the delicacy of the po-
sition L assume. l am aware that those who
fear military rule and tremble before military
power will deem me rash, perhaps even pre-
sUmptious. l entertain no such sentiments.
l am assured in your hands military power
can never be perverted to arbitrary and abso-
lutte power. But even if this were not so.
the occasion has now occurred when, in nv
opinion, to remain passively acquiescent would
be treason to the true spirit of liberty and
rebellion against the pcrmanent and sacred
interests guaranteed by the social compact
anu haIIOWeu Oy all true Religion.
am sure, sir, you know me we'll enough
to appreciate the full force and meaning of
the language l use. 1 am persuaded that,
under all circumstances, your judgment will
abide in the conviction that am actuated by
proper motives and influenced alone by pa
triotic considerations in entering, as l now
do, most respectfully, my earnest and solemn
protest against the count of every vote re-
corded in this city after sundown of the 23d
day of this month, on which day at which
hour, by and in virtue of your original order
appointing the slime and places" for voting,
the polls were closablc,
In my opinion after the most careful con-
sideratiOn Of these questions. every vote re-
corded after that time was unauthorized and
in violation of General Order No. S3. current
series. Your powers are not unlimited. They
are derivatiye. From whence they are de-
rived, restricted, and de6nedH 1t is a wide
mistake to suppose that because the civil gov
ernments, State and municipal, are subOrdi-
mated by Federal legislation to the will and
discretion of the commanding General, that
he has absolute power. Every right vested
in the individual citizen, and not Invested by