The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-12-22
nENLAA1N III. JILL.


crate States met at Richmond. under
what was known ns the periuancnt
constitution, / had the honor TO make
the personal acquaintance of this elo-
uuent and mighty statesman. lie was
a member Of the Confederate Senate
and took foremost rank among the
civilian chicftains OF that illustrious
body. Although he had been brought
M In the Hnmiltonian school of party
politics, and was devotedly attached
TO the Constitutional Union OF 1889.
as the sheet anchor of our safety al
home and peace abroad. he espoused
the cause of secession after 1t was an
accomplished fact. with all tho zeal and
energy OF his manly nature. He had
been earnestly opposed to tho with
drawal of Georgia from the Union. and
had exerted all his great powers for
Its prevention. He did not believe that
the election of Mr.. Lincoln to the presi-
dcncy without some overt act was a
sufficient Justification for such an I'M
portant step.
But, when Georgia cast In her for
tunes with those OF the South. and
took her position in the Confederate
column. he did not hesitate, but went
with his own people with all his heart
and SOUL He and President Davis be-
longed to different school. but tho
cause Of the Confederacy had no more
earnest and Jealous supporter than he
during all tile trying ordeal through
which lie was called to pass.
Hill. the Faithful.
Such was his loyalty in the support
OF all the measures of the administra-
tion for the vigorous prosecution Of
the war that he was called ..EIill, the
Faithful" 1t may be truly said that
The was faithful among the faithless."
Hc fought the battles of the admins
tration against the combined assaults
of William l.. Yancey, OF Alabama;
Louis T. Wigfa1l. OF Texas, and others.
The debates in the Confederate Senate,
as rule. occurred in secret session
for obvious reasons so that little Gun
be known OF what happened when the
doors were closed. 1t is said that a
most animated and acrimonious debate
occurred between Hill and Yancey In
secret session. during which. accord
ing to common rumor, Mr.. Hill threw
an inkstand at the head CT Mr.. Yancey
and injured him quite seriously.
On the 18th of March, 1853, the
Senate passed a bill entitled an act
to organize the Supreme Court OF the
Confederate States. 1t provided that
the Supreme Court Of the Confederate
States should consist OF a chief justice
and four associate justices. any three
of whom should constitute a quorum,
crnment two sessions, the one COM
,nencing the first NloH'ay OF January,
the other the first M,3..iay of August.
the respective sessions to continue
until the business of each session
should be disposed of. This bill was
duly communicated to the House CT
Representatives and referred to the
Committee on the Judiciary; but 1t
seems that no action on 1t was ever
taken by that body.
Confederate Supreme Court.
The failure to establish Supreme
Court for the Confederate States has
excited interest, and 1t has been sus-
gested that it was due to the fact that
the Confederate Congress had bce:,
reared in the States rights school Of
politics, of which Mr.. Yancey was an
earnest adherent, and that they be-
licved implicitly In tho resolutions of
1898 and 1893. and In Mr.. Madison's
report, which opposed the idea of Il
common arbiter between tho States. and
announced the doctrine that each State
acceded to the compact as q State and
must Judge for itself as well of In
fraction as of the mode and measure
OF the redress" 55
On the other hand, 1T has been con-
tended that the exigencies of the sit
uation did not Immediately require the
establishment OF Supreme Court; that
all OF the energies of the Congress
were entirely devoted to the all-ab-
sorbing question of defense. and that
the members had no time to consider
judicial measures-in other words, that
the maxim OF the hour was Inter arma
silent leges."
1t is Undoubtedly true that there
We're differences OF opinion between
tho disciples OF tho Jeffersonian and
the Hamiltonian schools as to the
power to be conferred upon the ST.
promo Court. But cannot agree with
those who believe that tho differences
of opinion referred toSoperated to do.
feat the creation of n Supreme Court,
The men who composed the Confed.
crate Congress, as a general rule. vera
tho same men who had framed the Pro-
Nisional and permanent Constitutions.
There can be no question. In my opin-
ion, that it was the intention OF the
trainers OF the two Constitutions, to
provide for the establishment of a
supreme Court, Article III, OF the Pro-
vislona Constitution provides that "thc
judicial power OF the Confederacy shall
be vested In one Supreme Court, and In
such inferior courts MS are herein d.
time to time ordain and establish. The
supreme Court shall be constituted Of
all the district judges. 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 Com
stltution provides that "the judicial
power of the Confederate States shall
he vested In one Supreme Court, and In
sneh inferior courts as the Congress
may; from time to time, ordain and cs-
tablish."
80 Time for Courts.
MY recollection is that the failure OF
l VIC llNMse of Observation-Disclosures ~, cnl.