The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1868-05-11
KANAwHA c. H., May 4, 1865.

KANAwHA c. H., May 4, 1868.
DEAR REGISTER The session of the
u. s. District Court which terminated
last week was marked by several events
worthy of greater publicity than they
can obtain except through your columns.
1t was, probably, the last term at which
Colonel BENZ. II. Smith will appear as
U. S. Attorney and it is fitting that, at
this time, some public montion be made
of the service he has rendered. Colonel
Smith is man whose devotion to the
Union and the Constitution no
man dare ever question. He always
has been aud now is an ardent
lover of the Union of States and regards
the Constitution with reverence and
devotion approaching enthusiasm. Ac-
cOrdingly, when the war was over and
the Southern people had laid down
their arms, returned to their homes and
renewed their allegiance to the govern
ment, he felt that his own obligations
and the dictates of sound national pol
icy demanded that no spirit of revenge
should Influence the officers of the
United States, but that amicable rcla-
tions should he established as speedily
as possible. Entertaining these opin-
ions, no trials for treason have been
prosecuted in this district, and the in
dictments found against maGy of our
citizens who eSpoused the Southern
cause have been gradually dismissed,
until, at the recent term, the last of
these cases was swept from the docket.
For his firm adherence to sound prnci
pies and his bold and determined advo-
cacy of the right, the people of the
State at large owe Colonel Smith a debt
of gratitude which will not be easily
repaid.
At the recent term of Court a singular
case was argued, upoa which Colonel
Smiths speech was worthy TO be cOnsid-
cred fitting close to his honorable pub
lie career. 1t was this: Mr.. John Is.
Smith, of Kentucky, brought suit
against Hon. s. A. Miller, of Kanawha,
who was engaged in rebellion and rep
resented this district In the Confederate
States Congress. Mr.. Miller, by his at
torney, n. Fitzhugh, Esq, denied the
jurisdiction of the Court, alleging that
he is not citizen Of the State Of West
Virginia, having been disfranchised and
deprived of citizenship by the amend
ment to the Constitution of this State
adopted in May 1866. Colonel Smith
argued against the validity of the Con-
stitutional Amendment and, i'll speech
of about five hours duration, endeavOr-
ed to show that it was repugnant to the
Con stitutien of the United States, to
other provisions of the Constitution of
West Virginia and to correct State poll
CIV, and that, furthermore, it had never
been legally ratified by the people of the
State. He contended that it has been
void from the beginning, having never
had any legal force or effect, and is ab-
solutely worth nothing at all, except as
= pertinent illustration of the ignor-
ance, fanaticism, and folly Of those who
adopted it in two successive leglsla
lures and then, by means of test oaths,
forced it upon the people.
Colonel Smiths speech attracted q
great deal of popular attention and was
regarded by all who heard it as one of
the finest legal arguments and eloquent
orations he has ever made. 1t was GER
tainly worthy of himself and of all
praise. Mr.. Fitzhugh's reply was ex-
ceedingly ingenious and skilful and ex-
hibited bis ability as a lawyer as much
by avoiding and divertiDg attention
from that which was insuperable, rs by
forcibly assailing the weaker points in
his adversary's argument. The Court
reserved its opinion, but expressed its
desire to have the case re-opened for ar
gument before Chief Justice Chase at
the U. s. Circuit Court to be held in
Parkersburg in August.
Marshal L. NJ. Norton also retired
from office at the recent session of the
Court. He has many warm personal
friends in this section of the State, as
we'll as everywhere else, we believe,
and his retirement from the office of
u. s. Marshal has called forth many ex-
pressions of regret. His successor,
Major Hedgeman Slack, of this place, is
very clever gentleman indeed, and
will doubtless give great satisfaction to
the people of the District by his official
career. In political opinion he is q
Radical, Of course, but not one Of the
rantankerous or "pizen" sort. We com.
mend him most heartily to the good
wishes of the people in your end OF the
District.
His Honor, Judge Jackson, continues
to command the respect and esteem OF
all fair-minded men in this section OF
the State, both by his legal ability and
Just judgments as we'll as by his many
fine social qualities. He delivered an
opinisn in regard to the famous Jenkins
estate, in Cabell county, setting aside
former Judgments and re-opening the
case upon its merits, that received the
emphatic commentator of every law
yer at the bar.
Political affairs in the Kanawha val
lev are quiet, but the indications OF
Conservative success are very good
and the people are hopeful. How
ever, they need to be more thor
oughly aroused and more perfect
ly organized than now, before
they can consider the victory sure
For Congress, upon the Conservative
ticket, several candidates are spoo'
ken of Among the rest, we
may mention Judge Samuels, of Caoell
county, John Hall, Esq, and Charles
P. T. Moore, ESQ., of Mason county, ana
General John II. Obey, of Kanawha.
Amid SO much excellent material it may
be difficult to choose, but upon whom.
soever the choice may fall the candi-
date will surely be an able and worthy
one. must, however, say, for the
people of Kanawha, that General Obey
has greatly endeared himself to all
classes of citizens here by his consistent,
straightforward and manly course dur
ing and since the war. He fought
bravely for the Union then, and he is
laboring for it now, and the unwise,
proscriptive and faithless aisunisnists