Page:Southern Historical Society Papers volume 09.djvu/219

 10 Southern Islistorial oc'iety Poloera. Virginia, and in his judicial capaaity had for years before the war, bn wont to sit iu the Unitl 8tates 0ireuit ourt, with that great $udge, pure Magristrats, 0bier Suetice Taney, about whom udge Holyburton talked much o me, dwelling upon 0bier $ustice Taney's grand chsae- ter, with delight and veneration. The venerable Holyburton, at the commencement of the war, without counting the cost, but with pure and lofty patriotisu, adhered to his own country and people, resigned his United States $udgeship, and wsa appointed to a similar office by the (Ionfederate 6overnment. He was a ,Iudge of spotless purity, proved patriotism and great learning, and a most entertaining and accomplished gentleman. Like $udges in the louth 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 (vernment, which had not yet surrendered, nor been entirely overthrown. Hs accompanied us, I believe, no further louth, for having received at Danville the crushing intelligence of what had transpired at AppomaJ- tox 0. H. on the 9th, the last spark of hope was extinguished in every breast, and the venerable ,ludge returned to Richmond soon after to terminate an earthly career full of honors and toils, Ism sorry to say, in a condition of destitution. I give this as only one of the many sad and cruel results of that mot 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 wsed by the Northern States and portions of the border States agsiust the Southern. They had no just cause of war agoinet us, and the war they waged against us was, as we think, 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 8umter, 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 (]onstitution of the United States. Is full restoration to recognition is scarcely yet completed. From Danville we journeyed on by rail until we rsashed Greensboro, N. 0. Here it was understood that $ohuston was oon to capitulate-which he did. Here was the last I saw of Presi- Digitized by Goodie