Year: 1866

|
be imposed by the law-making power of the
| United States.


Mr.. Lyons who holds this theory, calls Pres
dent johnson the 'sRestorer of the Constitu-
! tion, and looks forward with confidence to the
rise of the old Estates Rights party" with the
| Resolutions of '9S'' in hand [ hope he will,
in the light of those ''venerated principles and
| by the aid Of ''Blair's Rhetoric and Andrew S
Logic inform us by what authority and by
what process, the seeded and separate nation
of Virginia has been restored to the Union, and
quired any right under the Constitution or any
share in the Government of the United States.
If he would only consent to be called rebel
and to renounce the theory of secession for the
past as earnestly and distinctly as he has dis
claimed its practice for the future, we could
readily understand that, being Virginian, a
citizen of State which never got out Of the
Union, and having asked and received from the
President upon the most approved States
Rights principles, ''so-called pardon" he is
ipso tdcto reconstructed; and is re-established
his rebellious and revolutionary conduct he had
placed in jeopardy.


How much more comfortable he would be in
such position than he can be in seeded con-
dition, the unnaturalized inhabtant of con-
quered territory, alien to the Union and stran-
ger to the Constitution, exposed to the fury of
the Radical Congress and the Cannibal Con-
vention. whose hope for our destruction rests
upon the theory that the Southern States are
not in the Union, and that the Southern peo-
pie are not entitled to the protection of the
Constitution Of the United States


There are, however, some of our people who
are not included in the proclamations of amnes-
ty and who have not yet received the Presiden-
tlal pardon These, L suppose, are our i'm
perlled countrymen' ofwhom you speak, whose
interests and safety are to be prejudiced by my
legal opinion and confession.


President Davis is the only one of our friends
now under arrest and threat of prosecution, and
as to him l take it to be clear that if he is to
be regarded as the defeated chief of separate
nation, the case Of Napoleon establishes a pre-
cedent for his lifelong captivity. If, however,
he is a citizen Of the United States, charged
with 'levying war against them," he is entitled
by the Constitution to speedy and public trial,
or In default thereof to be discharged. have
already expressed the opinion that ''to subject
man occupying his position to the narrow
rules which limit judicial construction and to
the mockery OF a jury trial, would be an outrage
too gross to be anticipated Of any government
in Christendom." He is prisoner of state,
who, for reasons of state, ought, as matter of
national magnanimity, to be discharged without
a trial, and have not yet brought myself to
believe that President johnson will seek to
avoid the performance Of this high duty by
handing over such prisoner to an inferior .jlt-
diciial tribunal


The discretion to discharge prisoner in such
a case, is, in my opinion, political and not
legal-EXecutiye and not Judicial. From which
department Of the Government President Davis
or any other Confederate has most to expect,
would not be difficult to determine.


From what have said, think it will appear
that my opinions on these subjects, whether
right or wrong, have been formed from South
ern and Virginia standpoint and that you have
done me no more than justice when you said Of
me- his heart is with his people


You say you cannot differ with me in other
than kindness. [ take you at your word, and
in the same spirit [ beg leave most respectfully
and yet most earnestly, to inquire Of you and Of
my old friend and colleague, MIR. Lyons-from
whom L always expect antagonism but never
unkindness- possible benefit you expect
to follow from the public discussion to which
you have subjected me and my opinions?


1t surely cannot be your purpose to make the
doctrine OF secession practical standard OF Or
thOdoxy IN the future politics Of Virginia-or
to found upon it invidious determinations
against any one who, to use your own language
as applied to me, did not take shelter behind
his opposition to the ordinance of secession, but
made instant and generous cause with his State,
and devoted to her defence his jealous exer-
tions in the field and in council" Your knowl-
edge Of Virginia politics for the last five or six
years must have satisfied you that the attempt
to revive these dead issues could only result in
dissension and strife, at time when the inter-
ests and the safety Of our people demand con-
Citation and harmony.


SO far as am concerned, | can say with per-
feet truth that from the passage of the Ordi-
nance OF Secession by the Virginia Convention,
| have known no distinction Of party politics
among the true men of Virginia Wings and
Democrats, Secessionists and Rebels, have been
all alike to me-lf engaged in what [ regarded
as the cause Of Virginia and the South In my
opinion the old issues which divided us have
not only become obsolete and useless, but the
discussion OF them in our present circumstances
is Of evil tendency, traught with mischief and
danger.


The progress Of the political canvass now GO
ing on at the North renders the complete sue
cess of the Radicals result by no means i'm
probable. In such an event the people of the
South will have need of all the calm courage
and patient endurance that can be opposed to
dominant and overwhelming majority of num-
bers and Of wealth, bent upon our humiliation
or our destruction Against hostile legislation,
the Presidential veto which on several occasions
has been so magnanlmously interposed for our
protection, will no longer prove barrier, and
we must expect and be prepared for every out
rage upon our rights and our feelings that greed
and hate can suggest. There is, however, one
wrong which can only be fastened upon us by
our-.own consent. The proposed constitutional
Amendment cannot be adopted if the States
and people of the South are true to themselves,
and are united and firm in the determination,
that come what may, they will oppose to this
outrage a calm and steady, and persistent neg
atiye; and will not consent upon any pretext
or for any purpose to amend the Constitution
OF the United States.


fyou concur, Mr.. Editor, in the Importance
Of cultivating union and harmony among our
selves as the best means of advancing the in
terests and establishing the safety of the States
and people Of the South, think we can, both
of us, do more good upon that line than is like
y to follow upon the demonstration of either
your theory or mine as to the right of secession


Respectfully,


Your obedient servant,


JOHN B. BALDWIN.


,Staunton Sept 10, 1866.


SIGNS OF WAR IN EURopE.-A writer in the
National Lntclbgencer thinks the resignation of
I