Year: 1861

son Invested with authority to enforce that which il
commanded Now if the Government of the Coneder-
ae states had no right to make new writ or new pro-
ceedlng, the Writ had vitality Formerly there had
been much dispute about the relative powers of the
cta'e and ederal Governments. Some had thought
the two Governments coordinate, with double or
divided sovereignty 1t might be that they were wrong
and that sovereignty was indivisibl. But the argu-
ment Was maintained by many that sovereignty was to
De ascribed to both Governments. And if ANYBODY
thought that it would help his argument he might say
that he, Mr.. Petigru one of them But that idea
bad been completely OverthrowD. There was now no
sovereignty but one, between the Savannah River and
the Pee Dee 1t those who had cung to the idea of
divided sovereignty wrong they were wrong in at


rbntng sovereignty to that which was not sovereign
be legislative executive and judicial departments of
the Confederate Government formed corporation pCs
sessng powers beyond those conferred upon it by the
Constitution. The aw with regard to agents. was that
a acts done in conformity with the powers given were
binding upon the principal The Confederate Govern
ment was manltestly agent. 1t was clothed with
special and limited authority having no powers bY i'm
pcation but confined is every agent to those ex-
pressly granted Was it possible that this would now
be denied? W ould those who had so long contended


tor limited powers in the Federal Government now be-
gin to talk OF conStrucUe powers? Would gentleman
exhibit so extraordinary spectacle of epOphagy If so
there end OF the But he did conceive


that any would claim tie existence of reservoir of
sovereign constructive powers in the Confederate
Government. Although the Constitution of Mont
gomery resembed the old very much it vas emas-
cuated Of what Rad chiefly given its vital energy the
Federal Government 1t had not required much wri-


ting to do this but every ground for the presumption OF
sovereign powers bad been carefully eliminated Where


then the authority which the Confederate States
issued the wri Would it be claimed as an incident
OF the war making power? Would it be pretended that
we might purge the conscience of every citizen OF what
ever might he beneficial to the emmy?


The Confederate States had not the right to demand
10 Oath m oil Woo HUo
only to Sovereign State. The Government might,


indeed, require the oath OF Ofice-om those who were
SO lucky to get Gtice-and it not likely that any
very grave resistance would be met in that quarter
But could the citizen be forced into confession of his
past life because, like the revelations of the Philosopher
of Geneva, it might be instructive book 1t was
said that this useful for the purposes of the
Would it not be useful iu peace in war p
II the Confederate Government could do this because it
authorized to do something lake this then construc-
tiOn triumphant and written constitutions were
sham.


1t might be said that the power to issue this writ
bss,d upon the right to c0nfscate But had confsca-
tion nyVtr taken place beofe-wih0ut this writ p
There had been tyTants enough cOnscate, but they
always found plenty Of the inormers aud spies who
crowded around those who have something to bestow
If Colscation bright aid special jewel in the
crown Of sovereignty, might it not be exercised without
trenchng upon the rights of the subject? He then al


udcd to the Offer ae by the District Attorney to
!


lug th,t be disposed to accept favor, that
which was his, right


There was nothing in the Constitution authorizing
the Confederate Government to change the procedure OF
Courts OF Justice which most important part OF
the liberty OF the country. o administer law other
wise than in accordance with the nzed procedure
Of the courts would be to make justice what the
pleas s, and wild and unintellglble thing.
lie next conteEded that the Sequostration Act was
unc0nsti utona, not ODly account OF the writ OF
garushnent but account of its attempt TO conhscate
the property, both tangible aud In anglb!e OF aeD
enemies in the State of South Carolina He denied
that couhScaion OF the Of the warmaking
power or that it could be considered granted under
the power to make captures by land ana sea. How
cond debt be seized? debt was obligation. 1 he
property vested i'll the creditor. How, then could it
be possesssed OF sc o? Ii that, 10 state OF
war; the deot might be abolished aud the remedy cut
off; but talk OF stlz;ng the beDt ridiculous. lie
denied that war in any measure released debts. Were
toe rghls of war to be giOr'fi and magnfad that
all emotions OF humanity should be swept away? hls
was question the decision Of which rested with His
Honor.


lie regretted that it had fallen upon him, since the
fire # youth extingushed to defend this cause,
watch worthy younger champion. What be had
| leebly done, now done


Mr. HdyDe closed, in reply, for the Government. He


deprecated in his opening remarks the spirit in which
this case had been approached He cited the opinions
of Chief Justice Marshall and Judge Story 10 favor OF
TIE authority OF the United States over this very sub
iect NATTER and contended that whatever powers had
without controversy, been presumed to be granted under
The United States Constitution, might, in in which
the two Constitutions IDENTICAL be granted under
the Confederate Constitution. He then reviewed, at
length aud replied to the objections which had been
urged against the Sequestraton Act.


! 3ir. Mitchell followed with few remarks as to the
position occupied by himself and Messls. Whaey and
Petlgru.


he Judge, Gu the conclusion of the argument, an
nouncad that he should take time to prepare bis
opuion n this important case and that he would notify


counsel ut the morning when bis decision would be rem
dered The Court then adj ourned.