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

mot correctly reading this Constitution
They speak languages Of warning, oil IN
strnction and reproof to tao Senator from Mis-
sissippi, {Air. Phelan,) who from Certain spe-
cial clauses, deduccs the power uf Congress to
destroy OF render null and of no effect nearly
every other delegated power in that instru-
rneut, and to disparage, if not destroy, nearly
every right retained and reserved by the
States. read them:
The enumeration in the Constitution OF
certain rights shall not be construed to deny
or disparasr others retained by the people Of
the several States.
The powers not delegated To the Conicd-
crate States by the Constitution, nor pro-
hibitcd by it To the States, are reserved to
the States respectively. OF to the peopl'. there
Of
Now | put il to the Senate, Lave not
few specified rights as 10 the conduct OF Tie
war power been So construed by the Senators
who have advocated this amendment as "to
DENY or disparage" the RICH, of State govern
manI which was retained By the people of
,he several States =" Can those Senator's de-
nv that they have done so Have they not
20 construed the lev war powers Us ctfectu-
allv IL suppress the judiciary, the legisa-
tive and the Executive departments OF State
governments if their principles should lie fully
cted upon by this Congress Has any SEN
ator pretended that the power of legislation
upou domestic relations among citizens Of a
State has been delegated to Congress, or has
been prohibited to the States? Not one
Then it is reserved power.to the States re-
spectjvely. And if a reserved power, then,
saws the Constitution, /" You shall! not con-
strue certain delegated rights 80 as TO deny
or dsparage that reserved right" Yet Sena-
| tors here have, without due reflection,
must auppose, done that very prohibited
thing.
have thus. Mr.. President, performed my
task. have shown that the construction
put by some Senator'S upon this war
power is utterly at variance with six Of tue
seven articles Of the Constitution, and, if
adopted and acted upon by Congress. will
crush all civil power, destroy two ont OF the
three great departments Of the Government
namely the legislative and judicial depart
mer,ts-will also destroy all the State govern
| mems and will erect the limited Constitutional
Executive into an absolute despotisuI-a
| pure military dictatorship. As | have so often
alluded to tho Executive, 'Lere take o.
casion to say that, though differing on
| sumo matters with the Prrsii'leIIt, have
no fears Of his assuming unconstitu-
tinnai power. Educated md living strict
| constructionist, | believe his heart sympa-
sizes with his head and that no moro deter
| mined opponent Of military nsurpation will
be found in the Confrderacy. Aud v hat
is the reason urged for this assumption Of un-
limited power? Observation-Disclosures
liberty despoIlng necessity with
the crimes of ages, and yet dripping with
the freshcr blood Of a neighboring republic,
which, although we may he at war with,
it ma; be no treason to wish it hal received
:; happier fate.
But, Mr.. President, necessity can hardly
be urged 1t this time for the preparation OF
80 leniou5 crime against our own Liberties
none more nnpTopitiOus for such an excuse
rs this bright period in tho history oil the
war Though hard pressed in the spring
when surprised ,.,d unpr"pared, the wonder
iill rccuprrative energy and ready Resources o.
the Southern people have raised and equipped
an army in the very presence Of three quar-
| lars OF million OF armed and disciplined
e.lelnici AMI those armies have driven back
the enelny from all his fortified holds on nuT
borders and hive routed him on several well
contested fields, and now hang threatenimgl y
over his capital nnd along his undelende'l
lronlior. Yet this is the hour chosen fnr an
onslaught upon the dearest principles Of tsr
Southern pr.npie--upon the chief principle lur
,rhlch they separated from the government
Of thv United States, and upon which they
have built up this Confederucy- right IL
preserve in TACT the reserved rights ni the
jta.es-tbe right to resist usurpatinn Of those
rights By the Federal government.
AIr. President, | have full faith in this ca'n-
plicated ind limited government to carry ui
safely through this war. lis strength, how
ever, lies in the most careful observance ui
the rights of each department of tho govern.
ment and OF each State. It's greatest weak
ness is in disposition To assume powers,
from lrischicvnus and lalIacinui idea that
they are necessary to- orr safety. Such as
sumption ia moro to ho fuar"d, more DANCE
rous. III my opinion, than are ruillon OF Yam
kre bayonets. Let there be mutual respect ior
the rights CT each and all-and there will re-
suit harmony and an energy and power
that will secure u us all We value in c0nSti-
lutional government.