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in any part of the Confederacy； whenever in his judgment such
suspension was desirable。 The first act suspending the privilege
of habeas corpus had long since expired and applied only to such
regions as were threatened with invasion。 It had served usefully
under martial law in cleansing Richmond of its rogues； and also
had been in force at Charleston。 The Mercury had approved it and
had exhorted its readers to take the matter sensibly as an
inevitable detail of war。 Between that act and the act now
proposed the Mercury saw no similarity。 Upon the merits of the
question it fought a furious journalistic duel with the Enquirer；
the government organ at Richmond； which insisted that President
Davis would not abuse his power。 The Mercury replied that if he
〃were a second Washington； or an angel upon earth； the
degradation such a surrender of our rights implies would still be
abhorrent to every freeman。〃 In retort the Enquirer pointed out
that a similar law had been enacted by another Congress with no
bad results。 And in point of fact the Enquirer was right； for in
October； 1862； after the expiration of the first act suspending
the privilege of the writ of habeas corpus； Congress passed a
second giving to the President the immense power which was now
claimed for him again。 This second act was in force several
months。 Then the Mercury made the astounding declaration that it
had never heard of the second act； and thereupon proceeded to
attack the secrecy of the Administration with renewed vigor。
On this issue of reviving the expired second Habeas Corpus Act； a
battle royal was fought in the Confederate Congress。 The forces
of the Administration defended the new measure on the ground
that various regions were openly seditious and that conscription
could not be enforced without it。 This argument gave a new text
for the cry of 〃despotism。〃 The congressional leader of the
opposition was Henry S。 Foote； once the rival of Davis in
Mississippi and now a citizen of Tennessee。 Fierce； vindictive；
sometimes convincing； always shrewd； he was a powerful leader of
the rough and ready； buccaneering sort。 Under his guidance the
debate was diverted into a rancorous discussion of the conduct of
the general's in the execution of martial law。 Foote pulled out
all the stops in the organ of political rhetoric and went in for
a chant royal of righteous indignation。 The main object of this
attack was General Hindman and his doings in Arkansas。 Those were
still the days of pamphleteering。 Though General Albert Pike had
written a severe pamphlet condemning Hindman； to this pamphlet
the Confederate Government had shut its eyes。 Foote； however；
flourished it in the face of the House。 He thundered forth his
belief that Hindman was worse even than the man most detested in
the South； than 〃beast Butler himself； for the latter is only
charged with persecuting and oppressing the avowed enemies of his
Government； while Hindman； if guilty as charged； has practised
cruelties unnumbered〃 on his people。 Other representatives spoke
in the same vein。 Baldwin of Virginia told harrowing tales of
martial law in that State。 Barksdale attempted to retaliate；
sarcastically reminding him of a recent scene of riot and
disorder which proved that martial law； in any effective form；
did not exist in Virginia。 He alluded to a riot； ostensibly for
bread； in which an Amazonian woman had led a mob to the pillaging
of the Richmond jewelry shops； a riot which Davis himself had
quelled by meeting the rioters and threatening to fire upon them。
But sarcasm proved powerless against Foote。 His climax was a
lurid tale of a soldier who while marching past his own house
heard that his wife was dying； who left the ranks for a last word
with her； and who on rejoining the command； 〃hoping to get
permission to bury her；〃 was shot as a deserter。 And there was no
one on the Government benches to anticipate Kipling and cry out
〃flat art！〃 Resolutions condemning martial law were passed by a
vote of 45 to 27。
Two weeks later the Mercury preached a burial sermon over the
Barksdale Bill； which had now been rejected by the House。
Congress was about to adjourn； and before it reassembled
elections for the next House would be held。 〃The measure is dead
for the present；〃 said the Mercury； 〃but power is ever restive
and prone to accumulate power； and if the war continues； other
efforts will doubtless be made to make the President a Dictator。
Let the people keep their eyes steadily fixed on their
representatives with respect to this vital matter； and should the
effort again be made to suspend the Habeas Corpus Act； demand
that a recorded vote should show those who shall strike down
their liberties。〃
Chapter V。 The Critical Year
The great military events of the year 1863 have pushed out of
men's memories the less dramatic but scarcely less important
civil events。 To begin with； in this year two of the greatest
personalities in the South passed from the political stage： in
the summer Yancey died； and in the autumn； Rhett went into
retirement。
The ever malicious Pollard insists that Yancey's death was due
ultimately to a personal encounter with a Senator from Georgia on
the floor of the Senate。 The curious may find the discreditable
story embalmed in the secret journal of the Senate； where are the
various motions designed to keep the incident from the knowledge
of the world。 Whether it really caused Yancey's death is another
question。 However； the moment of his passing has dramatic
significance。 Just as the battle over conscription was fully
begun； when the fear that the Confederate Government had arrayed
itself against the rights of the States had definitely taken
shape； when this dread had been reenforced by the alarm over the
suspension of habeas corpus； the great pioneer of the secession
movement went to his grave； despairing of the country he had
failed to lead。 His death occurred in the same month as the
Battle of Gettysburg； at the very time when the Confederacy was
dividing against itself。
The withdrawal of Rhett from active life was an incident of the
congressional elections。 He had consented to stand for Congress
in the Third District of South Carolina but was defeated。 The
full explanation of the vote is still to be made plain； it seems
clear； however； that South Carolina at this time knew its own
mind quite positively。 Five of the six representatives returned
to the Second Congress； including Rhett's opponent； Lewis M。
Ayer； had sat in the First Congress。 The subsequent history of
the South Carolina delegation and of the State Government shows
that by 1863 South Carolina had become； broadly speaking； on
almost all issues an anti…Davis State。 And yet the largest
personality and probably the ablest mind in the State was
rejected as a candidate for Congress。 No character in American
history is a finer challenge to the biographer than this powerful
figure of Rhett； who in 1861 at the supreme crisis of his life
seemed the master of his world and yet in every lesser crisis was
a comparative failure。 As in Yancey； so in Rhett； there was
something that fitted him to one great moment but d