Let the motives of the conspirators be what they may, this open, organized and armed resistance to the Government of the United States is treason, and those engaged in it justly merit the penalty denounced against traitors.
Nor should we be misled by false notions of the reserved right of the States to secede from the Union. This assumed right, claimed by the States in rebellion, is false in theory; it is of the highest criminalty in practice, and without the semblance of authority in the Constitution. The right of secession, (said the lamented Webster,) "as a practical right, existing under the Constitution, is simply an absurdity; for it supposes resistance to Government under the authority of the Government itself--it supposes dismemberment without violating the principles of Union--it supposes opposition to law without crime--it sanctions the violation of oaths without responsibility, and the total overthrow of the Government without revolution."
The history of this wicked rebellion already shows that many of those who have shared the largest in the offices and emoluments, as well as in the blessings of the National Government, have fallen the lowest in infamy in attempting its overthrow.
If this Union is to be perpetuated, and the Government itself is to exist as a power among the nations, its laws must be enforced at all hazards and at any cost. And especially should courts and juries do their whole duty, without respect to persons, when crimes are committed, tending to the subversion of the Government and the destruction of our cherished institutions.
At the January term, 1864, he delivered another admirable charge, in which he discussed the questions arising under the then recent act of Congress authorizing a draft under the direction of the President without the intervention of the State authorities, and by a very logical and conclusive argument established the constitutional validity of the act in question. The crime of resisting the draft, obstructing its execution by the officers appointed for that purpose, and enticing soldiers to desert, were defined with great clearness, resisting the enrolling officer being held to be within the offences embraced in the act. These were but a few of the topics treated by the Judge. The entire charge was able, well-timed and patriotic, and was admirably calculated to conciliate and unite public opinion in support of the law and the measures of the Government to enforce it.
In 1865, the health of Judge Willson began to give way and symptoms of consumption appeared. He was strongly urged by his friends to leave his business for a time and seek the restoration of his health in a milder climate. As Winter approached he yielded to their persuasions and visited New Orleans and the West Indies. Unhappily the weather was unusually severe for those latitudes, and he derived no benefit from his trip. He was glad to reach the quiet and comfort of home once more. His sense of duty was so strong that, though unfit to leave his home, he came down to the city, opened court, so as to set the machinery in order, but found himself unable to preside and was compelled to return home, where he awaited in patience the coming of the destroyer.
On the evening of November 11th, 1866, he died. A few hours before his death he suffered much, his breathing being labored and painful. As his end approached, however, he became easier, and his life went out without a struggle. Some months earlier, the Judge, who had for years been an attendant of the services in the First Presbyterian church, and an active supporter of that congregation, made a profession of religion and received the rite of baptism. He was perfectly conscious to the close of his life, and although hopeful of recovery, as is usual with the victims of consumption, had been fully aware of his precarious situation, and had thoughtfully contemplated his approaching end. He left a widow and a daughter, Mrs. Chamberlin, well provided for.
On the announcement of his death the members of the Cleveland Bar immediately assembled, and young or old, of all shades of opinion in the profession, vied with each other in bearing testimony to the uprightness, ability, and moral worth of the deceased. His death occasioned unaffected sorrow among those who had known him, and among the large number of his legal brethren who had greater or less opportunities of official intercourse with him he did not leave a single enemy. The Bar meeting unanimously adopted the following resolutions of respect:
We, the members of the Bar of the Northern District of Ohio having learned that our brother, the Hon. Hiram V. Willson, departed this life yesterday evening, (Nov. 11,) at his residence, and desiring to pay a tribute of affection and respect to one who was our beloved associate at this Bar for twenty-one years, and anxious also to acknowledge our obligation to him, by whose influence and labors the Courts of the United States were established in our midst, and who has so ably and uprightly presided over those Courts for a period of more than eleven years, do hereby
Resolve, 1st. That in the death of Judge Willson the Bench has lost a learned, upright and fearless Judge, ever doing right and equity among the suitors of his Court, fearing only the errors and mistakes to which a fallible human judgment is ever liable. Urbanity and courtesy to the older members of the Bar, protecting and loving kindness to its younger members, and deep and abiding interest in the reputation of all, were among his distinguishing characteristics.