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[210] Virginia, and in his judicial capacity had for years before the war, been wont to sit in the United States Circuit Court, with that great Judge, and pure Magristrate, Chief Justice Taney, about whom Judge Halyburton talked much to me, dwelling upon Chief Justice Taney's grand character, with delight and veneration. The venerable Halyburton, at the commencement of the war, without counting the cost, but with pure and lofty patriotisn, adhered to his own country and people, resigned his United States Judgeship, and was appointed to a similar office by the Confederate Government. He was a Judge of spotless purity, proved patriotism and great learning, and a most entertaining and accomplished gentleman. Like Judges in the South generally, he was financially poor, and he was then old. But, true, to his Government, as to every civil and social duty, he was following his Government, which had not yet surrendered, nor been entirely overthrown. He accompanied us, I believe, no further South, for having received at Danville the crushing intelligence of what had transpired at Appomattox C. H. on the 9th, the last spark of hope was extinguished in every breast, and the venerable Judge returned to Richmond soon after to terminate an earthly career full of honors and toils, I am sorry to say, in a condition of destitution. I give this as only one of the many sad and cruel results of that most unjust war. This is not the place to argue that question, but I can not refrain from observing that a war more unjust in our estimation, was never waged by one people against another, than that waged by the Northern States and portions of the border States against the Southern. They had no just cause of war against us, and the war they waged against us was, as we think, a flagrant violation of the most cherished and fundamental principles of American institutions.

Receiving at Danville the melancholy intelligence of the overthrow of that grand and noble soldier, General Lee, at Appomattox, all intelligent persons perceived that our cause was finally subverted, and that the conquest for which the war had been waged was virtually accomplished. I then felt more sensibly than ever before the force of the conviction to which I had given utterance in a public speech made in the court-house at Louisville on the fall of Fort Sumter, that the election of Mr. Lincoln upon the principles which elevated him to power, although not in legal form, was practically a repeal of the Constitution of the United States. Its full restoration to recognition is scarcely yet completed. From Danville we journeyed on by rail until we reached Greensboro, N. C. Here it was understood that Johnston was soon to capitulate — which he did. Here was the last I saw of President

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