Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1862-09-16

SPEECH Uy X. L. YANCEY. Esq,
7z,o, me Amendment 10 the Exemption bitt
po,ro,,os,J b, Nr. Dcrich, that Justices OF the
psacs yhoal11s hattie TO CONSUMPTION. Made
mike SsHe!t September lOM, 49,.
Mr. President Senator from Aorih
Carolina proposes thai Justices OF tue lea'e
~ m. several S.a,,.s shall, hc "nrollcd As
conscrip;S IL. the a:.nY ni the Confederate
States-at tf., >a,nr ,i,.- ewing nnt':e 'hai ~
will offer other amendments, MAKING "'ie'
State officers liable Ia ,nrollmvni under Inc
aIonscrir. a,l The Srnat'rs IRON ,'coie'a,
mr. uiiija-.: :-rm Mississippi Mr.. Phelani
and iron, ,,cntuckv Mr.. Sims 'ia'e SUP
,,orted that Amendment, hnd have each assert
.l the power Of Congress 10 enroll ~ con-
scrint, soldiers i'll the army, every officer "l I
State, why,h.. Judicial, Legislature or LSrc"-
tive, and as" every ntrceT under the Cone,'e-
rate Government. whether Judici8'. lf:''s'"-
tive CT Executive, :si'!. lat single cNsel't,'''
and thst exception "a. i'reshirnt ei i!'e ! ou'
1odrra,e States. Tia. c,.vvii,n"Es or tA',"Pt'o''
ola few thousands, i.,i!'" ~" t'''''e' 'I"t
useful office 0t :, ,r.;l .: ''iH go '"' "e
OF but little m6ae'; I".,'i'.F''. WIZ ''' ~
fundamental change in u" CO." .i''' -! ms
Government, which pr@c::e': ''..r-.Htl"'. rpon
such principles mI4st !ornE "p"i. Legislation
upon Tn. p.iucip'as which have been thus ''l.-
,inc,ly oy1yt.l aud deliberately argued. would,
in u.y opia"u, utter suhrort lie limited
CONSTITUTIONS. Eovell,:nnnt. Which II" people
Of III. States nave heei1 1T 80 mu:h pans 10
establish sad h4v. exhibited 81 ii,uch patriotic
sacrit;ce and energy It tle!,Ed; AMI would ell
fecMaiiv cree: upon il. rains purely military
Government. 80 thinking. :t:"u!4 H.: unjnst
to all the principles uprn "ih'a nave acc"
in the past. aud dcrci,t /" the G'iiy owe 10
the State which i'll par. rc.tr..:ri 'ier'' and
&c the oath hav. GNcn "a ..tt.i.:, - 20" Ge'ciu
the Corstitution; il We're to pcfn'it inc
avowai vi .,lcii d0ctr 10 pass uu2ha'iei'Se'.
If this suicrdlncnt had '',an lrai"'-vd and
passed upon without debate, Mr. President, IL
might have thus neculie u"e "i liic 'acis II"
Legislative history Of comparatively SmaiI mo-
,nent, and not justly ht!.'i TO "t precedent.
But its introductiur has h'"H Supported py
grave and apparently lnatn"'T CONSIDERED
opinions of Senators from three g; ii:e lhsr-
teen States Of the Confcderacy--and hfH icd l"
am2re leng .lcacd and dsnlileu debate thu "n !
other that has occurred IN this h"iv Sih''e my
connection with it. Such Z debate, upon sIch
&C issue, IN my opinion, Will iaarN INC NJ toh
Of tie Senate upon it as one OF the great iahd-
marks in legislative construction OF the Cor
stitution: and as the question passes INTO ms
tory it's footprints will be gra'eiy scrutniae''
and considered hereafter as indicating The
progress OF this government either IN the
march ora we'll understood constitutional pol
lev, leading US on to an assured political anu
commercial greatness rs a free peopie-"r ~
that broad and well beaten path, from which
The wrecks OF governments that fnr ccrinr'c-
have strewn it .nIiid ti"i ,ic'ur Is, snd viii.
~. b, -. 4 n 4! ~,
mighty and uncrupalnn. military H.''r,.--
This being the case, "':r ':s.:t"'Gn - :!:'
question is Of the g,avrh ,,??ortaf'|'' '"'
only for 10 day, hut inf IL '"'.. -r'''' ''
action should be clc;,.l. iIu,,t '''h '"aH'
no room for doubt 10 t''t'' 80 - :'i'
alive dignity and extent al tE''' c'T:! s''i 'h'
war power in this goyernl'ei''.
Nj. President, the queSliGh : ""t a" 40
stract one which can be po5!i AK! wi'i'''i.t
detriment 1t presses upon You asa pr"''trr'.
question, requiring Legislative :i''u,'";i >'!g',
arc not lacking that the war poser 10 TI'' II
usurping the powers OF both Stat. and ''.ii
tolerate Governments. All history ;:','iic.
IA that, in times C.. war, the more modest ana
less SNOWY civi! powers OF government WELD
ana nhrirk from the iicrcer bearing aDA !nprr
pretentious and swclng demranoT oi tae SrI
power. md III our own case, SO great - III"
patriotic ferYor Of the pcopleSo ar,ic0i ''r'Hr
devotion 10 the cause-So unselsh then 49,
riiices of property, Of ease, aye aud o: Lilo
;tself in promotion Of the common veal, that
they arc 10Th to question any act that is de
rirnel 10 advance the coiuGnon interest. II"
matter how strange or startling 10 theIn aS i
mere question Of power. And So far has aIs
generous support vi our armies gone, HAT II
requires some moral courage 10 sustain any
who thinks it his duty to say" rigila''', Is
the price of liberty" Hence this generous
confidence while it may deter many !. watch
full uatriot from doing his whole duty, H. 80
tually been seized upon as defence by S'Ihr
who have violated civil liberty in the .Srrr; 81
OF miliiar7 power, and their acts Justified be-
cause the people ere quiet.
But Mr.. President, this should not iiil-
ence Senators in their action here. Here ""
act upon our solemn oathS 20 sec L. 4. tina;
the Republic suffers no dctrlment. Here we
mr. as wa,chmen 10 tell cur constituency 80 hat
Of the night" Here We arc put n2R ~
c0nsciences, without lear or favor OF
pie, 70 do our duty-our whole dds3 lot
according to the general Tetar', nor tc
thar other dangerous plea oil all nInrrHT..
.:rr'rssty"--but according TO the wirt"::
law Of the Constitution, which has beenl''rc't !
ia ..,;r hands as our only power Of attorney
Il. At 1T all. Under such influences, IS @ne
i these &atchnen, say that therH arr al.
ready signs that change from civil gov
eTnmentsEit constitutional checks and hal
s:uces Ii military absolutisn, is in progress.
What are the facts 10 sustain. So startling III,
assertion; repeat few of them: A mil
rary commander Of department has declared
martial law i'll his district and has inuzzed tic
tree press within it..
The first step towards despotsm is inyar-
sbty t" -,ippress that watchful friend "l civil
:lrelty-~'. free press and the next IS TO sup
press She civil law, which would rescue a
Ilctim from lawless arrest, and check ali eli
crOnch!ucnts upon the peoples rights
Another military commander is sotulniy
chErged, and II ia Il matter Of enquiry nov,
n this body, with having executed 4 citizen
without trial, either undcr civil or martial
Jaw. The same commander mas superseded
;he municipal law of one of our large cities,
and substituted the law Of his own military
edicG has displaced the authorities elected by
the people, under the sovereign law Of their
State, and has placed over them an officer Of
his own choosing. And, as if these startling.
,iSurpalon@ were not sufficient to satisfy this
.raving Of tie military to drive all civil pow.
CT into obscurty--in fact, To Danish 1t from
the lnnd--ncre in the Senate, the chosen taRi
pie Of State sovereignty, one al the Tribunals
upon which it would be supposed the civil pow
er could safely repose, Senators trous several
sovereign States are 10 be found who DELHI
erately assert that Congress can suspend Ind
Supercede al civil governments, both Conied-
crate and Stale; for they assert that under
the clauses giving Congress- the power to de-
Clare and conduct the war, it can cocrce every
officer as we'll as citizen of the State govern.
Inents, and every officer Of tho Confederate
government, save th6 PRESIDENT, to serve in
the regular army q Pc Confederate statc>