The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1868-12-14

Constitution Fof the Confederate States did
not imply giving aid and comfort to the
enemies of the United States. a man
might take an oath as an enemy in disguise,
Or for fhe purpose of procuring some priv
iege, and not intending to comply with the
said oath. The mere taking of an noath was
not giving aid, but there must be some re-
bellious act;. which has not been proven in
this case. If taking an oath is decided to
be an act of rebellion, threatening to kill-a
man is the same as committing the act.
| Suppose every man in the Confederacyh yhad
taken the same oath and done no more,
iwculd it have benefited the Confederacy
one cent p You might as we'll say that q
promise to pay money is the same as pay
ing it, as to say promise to support the
Confederacy is supporting it. - 'za2 ! !.
But even if Justice Wade WAS disquali-
fed by the commission of some rebeliious
act after taking the oath of allegiance to
the United States Government, non Seq4itur
that Sally Anderson should be discharged.
There were three other justices on the bench
when she was convicted, and they consti-
tuted competent court under the laws OF
Virginia, and were competent to try the
prisoner, Therefore she was legally con-
victed'. s' Z" AZ a "~'>'- w. was.
Mr.. Bowden eloquently expatiated upon
the points made in his speech on Friday.
He contended that the precedent established
if Sally Anderson were discharged would
be virtual opening of the doors of our
penitentiary and jails. A horde Of thieves,
incendiaries, and murderers, hitherto un'
dergoing punishment for their crimes, would
be scattered over the State, and there would
be no power in Virginia competent to bring
them to justice. In this view, the case
before his Honor was one of great import
ance, and he besought for it the most care
full and anxious deliberation.
MR.. BUNDT AGAIN. s
At the close of Mr.. BoTden's argument,
Mr.. Bundy, Sally's counsel, said that il
vas not his intention to reargue the ques.
tions that were 80 fully discussed in the
case of Griffin, and which are alike involved
in both cases, but merely to notice the Pc
culiar features in this case in respect to
which it differs from the, former. In this
case one of the Justices and the clerk are
disqualified by the Constitution. In the
Griffin case it was only claimed that the
presiding Justice was disqualified. He an
swered the objection Of the attorney that
no overt act of rebellion had been proven on
the part of the officers by saying that ii
was the first time he ever heard it main
tanned that citizen could voluntarily enter
the civil service Of the Confederacy while
in open, fagrant war against the United
States without giving aid and comfort to
the rebellion. He said that it t-had often
occurred that men were drafted into the
army against their will, and such persons
were not guilty Of voluntary participation
in the rebellion, but he had never heard
of o man having been coerced into civil
office. .a.t" -T-."
JUDGE UNDERWooD's DECISION.
Judge Underwood said it was q very
painful thing for him to have to decide
case of this kind, but stern convictions OF
duty required him to do 80, and that no
personal considerations could restrain him
from performing his duty. In the Caesar
Griffin case he had decided that the consti
tutional amendment was operated pro-
prio uiqore; and this being the case, per-
sons thereby disqualified had no authority
to sit or act as judicial officers in this State.
He did not deem it inappropriate again to
remark here, though the soil of the country
had been drenched in blood by civil war,
vet the leniency Of the Government toward
the leaders of the rebellion was without a
parallel in modern history. Indeed, it is
the only instance when, after the termina-
tion. of civil war, no man had been exc
cuted for treason. He did not charge any
spirit of obstinacy or resistance to the
Government by the masses If let alone,
but it could not be denied that the
leaders of the late rebellion do not
accept the situation as heartily as
they should. Though active hostilities
have ceased, yet organized opposition is
still kept up. A state of semi-war still
exists; or, indeed, we may be said to be in
state of siege. If the people Of Virginia,
Mississippi, and Texas, did not cease their
opposition to the General Government Con-
gress would prescribe still harsher terms
than those already prescribed. He told the
people this for their own good. "
AS far as this immediate case is con-
cerned, it was far better for one Of the
feebier race and feebler sex to escape the
extreme sentence of the law than that law
less usurpation should be made valid. IL
one of the magistrates who sat upon the
court was disqualified, it annulled the whole
proceedings, though there might have been
q competent court without him, and COM
petent number voting against new trial.
But in this case the clerk of the court was
clearly disqualified, and that was sufficient
to vitiate the proceedings. ILL., 92i ..a.s
~ THE JUDGE GIVES CENsURE.
lie would remark that he thought the
gentleman who, though disqualified, per-
sisted in On attempt to hold office after the
adoption, of the constitutional a amendment
were acting in very improper manner.
Colonel Young, Commemorative ,attor-
ney for Henrico county, interrupted the
Judge to say that he thought the censure of
the court, with al due respect, was both
uncalled for and undeserved. He as well
as the other officers eensured we're continu-
ing in office by virtue of an order OF the
commanding General, whose duty it was to
see the reconstruction laws executed. But
General Stoneman had agreed with his pre-
decessor, General Schofeld, that there were
not enough men in Virginia who are not
disqualified to fill the Offices.
SALLY ANDERSON DISCHARGED.
The Court then directed that the follow
ing order be entered by the clerk:
I" Circuit Court of the United States IN and
for the District of Vrginia, the Hon.
John C.. Underwood presiding, at The
November Term, 1868, thereof, no1o IN
I. Session in re. Sally Anderson By Writ
of Habeas Corpus. 7
siThe petition in this case having been
fled in this court on the 9th day of De-
cember, praying for writ Of .habeas cor
nus to be directed to the sheriff of
+ .Henrico county, and it-haying been de-