Important case.
--The case of
Theodore Woodall is to be discussed and considered in the
Mayor's Court this morning.
As we understood the case, as stated the other day in
Judge Meredith's Court, by
Mr. Gilmer, (counsel for the accused,) there are several very important and delicate questions of law, public polity, and governmental action, involved.
The law under which the proceedings against Woodell are instituted was passed by the Virginia Convention, (
Ordinance No. 43,) on the 21st May, 1861.
Mr. Gilmer, as we understand his position, will contend that the
Mayor has no
judicial power under this ordinance.
His functions are purely
ministerial, and only extend to the
duty of a preliminary investigation, and only so far as to ascertain whether the offence imputed has in fact been committed, and it is then the duty of the
Mayor or Justice to turn the case over to the proper
Confederate authorities.
The Ordinance (No. 1) of Secession was adopted the 17th day of April, 1861. The Convention or compact between
Virginia and the
Confederate States was executed, signed, and delivered on the 24th day of April, 1861. In it is this provision:
‘
"1st.
Until the
Union of said Commonwealth with said Confederacy shall be perfected, and the said Commonwealth shall become a member of said Confederacy,
according to the Constitutions of both powers, the whole military force and military operations, offensive and defensive, of said Commonwealth, in the impending conflict with the
United States,
shall be under the chief control and direction of the President of the Confederate States upon the same principles, basis, and footing as if the said Commonwealth were now, and during the interval, a member of the said Confederacy."
’
This compact was ratified by the Virginia Convention on the 25th day of April, 1861.
The ordinance, under which the proceedings against
Woodall are instituted was passed on the 1st day of May, 1861. (No. 43)
The Provisional Constitution was passed on the 8th day of February, 1861. and
ratified by Virginia on the 25th day of April, 1861. (No. 3)
The Permanent Constitution was passed on the 11th day of March, 1861, and
ratified by Virginia on the 19th day of June, 1861. (No. 56)
The compact between
Virginia and the
Confederate States, being
previous to the ordinance No. 43, under which the proceedings against
Woodall are instituted, must so far control the powers created and authority vested under and by the said ordinance, (No. 43,) as to render
it subordinate to and consistent with the stipulations of the said compact.
Where there are conflicting or concurrent powers — those embraced in and created by the
compact must take precedence of those in the ordinance, No. 43.
Besides the obvious propriety of this rule, the authorities in support of it are numerous;--but we, of course, have no access to them.
Mr. Gilmer cites article 3, section 3, clause 1 of Permanent Constitution, and the case of the people against
Lynch, page 11. Topson's Reports, 549, on the question of treason.
The act of the Provisional Congress, No. 216, passed August 8, 1861, as to
alicus, and the Confiscation act, passed August 30, 1861, No. 269, on the question of
aliens, is relied on, as we understand, to show that persons from
Maryland and
Delaware are not and cannot be alien enemies.
It is contended that the word "person," as used in the ordinance (No. 43) creating the
offences and resnedies contemplated in this arrest, does not and cannot apply to the accused, except so far as to render him amenable to the
Confederate authorities.
Such is a brief sketch of the chief points, as we derive them from
Mr. Gilmer, which will pass under review in this case.
The authorities, of course, we have no knowledge of; but the above sketch will disclose enough to show the vital importance, the deep interests, and the delicate issues involved.
