Sir: There are times and circumstances when not to speak out is to sacrifice cardinal principles. We are now in just such times, and surrounded by just such circumstances. If you will recur to the brief interview between us in the Hall last week, you will readily perceive, and, I am sure, generously appreciate, my motive in addressing you this note through the press. As legal adviser and retained counsel for very many of our non script soldiers, I had the honor to present a petition for them to Congress, on the first day of its present session. That petition was referred to the committee of which you are the chairman. No report or action, so far as the proceedings of the House inform me, has been made or had. The duties of counsel are not less imperious or sacred than those of representative. In this capacity I now address you, because of the silence of your committee as to the petition and its action, through you, as its honored chairman. on the report you made to Congress on yesterday. It is proper to say--in limine--that I address you, sir, simply because you are the chairman of the committee to which the petition of my clients has been referred. I will add, however, that it is a source of high satisfaction to me — individually and professionally — to know that I am addressing a statesman from the State of South Carolina, the resting place of the Rutledge, Lownesses, Calmouns, of other and better days. Not only this — that your State is as renowned for the manly chivalry and bold action of its public men, as they are distinguished for their high sense of personal honor, devotion to States'-Rights, and invincible resistance to executive encroachments on the true theory of republican government and constitutional liberty. This, sir, is no idle, passing compliment. It springs from the heart and is embalmed in the historic annals of your State. There were certain grave constitutional questions presented in the petition of my clients. They were not mere idle vagaries or theoretic problems; but stern, practical living issues, connected with the vital organic action of the fundamental principle of the Confederate States government. They touch the main spring of our governmental structure; they lie embedded in the essential materials which constitute the jewel of constitutional liberty; without their practical operation and mandatory development, our new experiment will be but a semblance and a cheat. I, then, respectfully ask — will your committee pass them, unheeded? will they substitute a new bill, based on the negation of so vital a principle, and frame a new law in itself impracticable, unless the original Conscript act is, in letter, spirit, and purport, violated! The bill which your committee has reported, proposes to extend the Conscript act to all over 35 years and under 45 years of age. The act of 16th April,releases all over 35 years of age. This is a fact which is fully admitted by the Honorable Secretary of War, in his letter of the 20th of May to the Governor of North Carolina. Is three A Member of your Committee, or the House, who will Deny the fact in his Seat! But perhaps it may be considered in bad taste for us to discuss that bill. It certainly would be, except so far and to the extent to which it proposes to curtail the vested rights of my clients, accrued and accruing, under the original bill. One word on this point, and for the present I will dismiss the subject, and turn it over to your enlightened wisdom and experienced sagacity. If I rightly comprehend the terms of the bill which you have reported, it empowers the President, as Chief Executive of the Confederate States, to conscript all men over thirty-five years and under forty-five years in all the States if those States do not answer the call made on them. Resolve this proposition in connection with the General Order, No. 46, of the War Department, which, in violation of the proviso to the 1st section of the original act, now keeps in the service all men who were enrolled for the war previous to 16th April, 1862, no matter whether they are thirty-six or fifty-six years of age. Retain these men in service, and, I ask you, how can these States furnish their quotas? I will not discuss this matter now, but respectfully direct your attention to it as chairman of the committee reporting this bill. Ex Peds, Herculem? I am aware that the opinion which I gave on the Conscript Act, and the petition which I have presented, have subjected me to much and serious an-inmedversion in certain quarters. Be it so. As a votary to constitutional liberty, institutional freedom, and State Rights, I am prepared to encounter whatever of censure, acrimony, or even greater inconveniences, when I see the dangerous proclivities now so plainly and palpably manifested Towards A Consolidated Government. I have no quarters to ask of any power which, in my opinion, intervenes between my duty to Virginia and its behests. My allegiance is due to Virginia. My devotion, my love, every impulse of soul, is wrap up in her destiny. The power that strikes at her flag, or endangers her individual political sovereignty, will never receive my countenance or support. This is plain language. But the times require plain language. My loyal support is due to the Confederate States, as my sincere desire is for their brilliant triumph over all enemies to constitutional liberty, or individual vested rights.--Consolidated power, concentrated governmental ex-intense, to the prejudice of the rights of the States, will never receive my sanction or support. The States of this Confederacy are of right entitled to their ‘"militia."’ Pass the proposed bill, in its present form, and enforce General Order No. 46, and, I ask, where is the power of the State Governments! I repeat, in conclusion sir, that I have been induced thus to address you, in that spirit of courtesy which I hope I have maintained, simply because of the very heavy responsibilities which devolve on me as the counsel of those brave men, hereto soldiers, who are now native in the conquests for constitutional liberty.
Very respectfully your ob't serv't.
John H. Gilmer.
John H. Gilmer.
