The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1907-12-24
BENJAMIN H. HILL
By JOHN GoODE

earnest adherent, and that they be-
1ieved in I,licitely in the resolutions Of
1898 and 1899. and in Mr.. Madison's
report, which opposed the idea of a
arbiter between h States,
and announced the doctrine that each
State acceded to the compact as a
State and must judge for itself as
we'll of infractiOn as of the mode n
measure of the redress
on the other hand. it has been con-
tended that the ~exigencies of the sit
uation did not Immediately require the
establishment of a Supreme court,
that all of the energies of he Con-
gress were entirely devoted to the all
absorbing question of defense. and
that the members had no time to con-
slider judicial measureS-in other
words, that the maxim of the hour
was Inter arma silent leges."
1t is undoubtedly true that there
were differences of opinion between
the disciples of the Jeffersonian and
the Hamiltonian schools as to the
power to be conferred upon the Su-
preme court. But l cannot agree
with those who believe that the diff
ferences of opinion referred to OPP
Grated to defeat the creation of a SUI
preme court. The men who com
posed the Confederate Congress, as a
general rule, were the same men Who
had framed the Provisional and per-
manent Constitutions. There can be
no question, in my opiniOn, that it
was the intention of the trainers of
the W. Constitutions. to provide for
the establishment of a Supreme court.
Article III. of the Provisional Const1-
tuition provided that 1.-The judicial
power of the C~onfederacy shall DO
vested in one Supreme court, and in
such inferior courts as are herein di-
rected. or as the Congress may from
time to time ordain and establish. The
C,,Nrnyooa .an,,rf cba11 he constituted .nf
all the district judges. a majority of
| whom shall be a quorum. and shall sit
at such times and places as the Con-
gress shall appoint"
Article III. of the permanent Con-
stitution provides that 1.-The judicial
power of the Confederate States shall
be vested in one Supreme court, and
in such Inferior courts as the Congress
may from time to time, ordain and
establish
No Time for Courts.
Nv recollection is that the failure
! of the House of Representatives to
consider the bill passed by the Senate
to organize the Supreme Cou of the
Confederate States was due entirely to
the act that the military situation de-
manded all their time and attention.
The city of Richmond, the capital of
the C~onfederacy. was beseiged on all
sides by large armies. Every afternoon
the balloons of the enemy could be
seen lowering over the city, and it
frequently happened that the flash of
hostile suns could be seen in every
direction. That was no time to de-
liberate about the organization of
courts, and the House naturally post
poned the consideration of that sub
ject until it was determined by the
arbitrament OF war whether or not the
~Confederacy should be established as
| an independent government.
Mr.. Hill made his first DDearan nee
as a member of the House of Repre-
sentatives of the United States in De-
cember, 1875. He appeared as a
member from the State of Georgia in
he-Forty-fourth Congress. This body
was distinguished for its able and tai