Richmond Whig. [volume] (Richmond, Va.) 1862-1865, 1862-09-24
pprrcH or Mr.. sExMEs OF LOUISIANA

20
Bill: tf
Mr. Semmes said that the importance Of the principles
involved in the proposed amendment had been greatly
enhanced by the extraordinary doctrines announced dur
ing the discussion, by the Senatof from Georgia lNr
Hl) and the Senator from Mississippi, (hr. Pnesn y
Beth those MAJORS have upheld che constitutional pos
@ OF the Confederate Government 10 eater the ates
aud deprive the ste Governments OF eli their officers II.
ecutve legislative, adica, and military Tor the purpose
of comp ng them 10 terve the country In the rarks o.
the army |, Is true, although they claim that such
power has been granted to the Confederate Government
under the clause in the Constitution which authorizes
Congress and support armies they very propsr
" disavow any nteoton whatever to put In operation
md practically exercise this unlimited authority, exoeps
20 far Justices Of the Peace concerned. They
proposs boSeve TO copssribe Justices of The Peace
simply because their opioi IN |; Is expeden TO do go,
aud the legitimate cobsequetos Of their doctrine L. that
Il Ia their guea rather the ldgment Of orgscss,
t should eIpedent TO coascrbe the Goyernors
members Of the Legislature, judges and all other officers
OF the respective States, the Confederate Govern
meet is v sted~w.tl constitutional authority TO 90
So Il il apparent therefore that In constitution
al aspect the importance of the power clam'a on
behalf OF the Confederate Government caunot DO
oTer estmsted however iDsigt hcant Justice OF the
Peace may be. The real question presented 70 the con-
Iteration OF the Senate is this Is the Confederate Gov
esnmsnt constituted to DO capable according to ths
laws Of its being of committing suicide and matrcide
Can the Confederate Government consitutionally dc
stroy e and the State Governments OF which it Is In
a N sasure the of,pring? II the Governors and mem
bers of the Leg slaures Of the several Stss be con-
rsoed 20 in the army, not only Is the machinery
Of The State Governments destroyed but the vital power
which imp srts motion to the confed Govefnm SIT u
aanihilated. Tee Confederate Constitution cannot be
executed without State agency and the Confederate
Government and ate Governments are so inter depen-
dn the one on hs other according TO Confederate
system that the destruction Of the State Governments
necessarily produces constitutional dissolution OF the
Confederate Government This Is apparent 70 the most
casual reader of the Constitution. That instrument con
sins the following provisions That the Senate OF the
Confederate States shall be composed Of two Senators
from each State chosen for six years by the LsgisIlrs
ihrsf That in vacancy should occur during the
recess OF the Legislature OF any State, the Executive
thereof may make temporary appointments that the
times place and manner OF holding elections for Sena
aud Representatives shall DO prescribed in each State
by The Lesiars there that the Congress shall have
power 10 provide for Organizing aiming aud disopl mig
the militia rsseIvng 10 the States respectively the az
pcn meni OF the ocsrs aud the authority OF trsiniGg
the ila according to the discipline escribed by Goa
gtess that Oopgess shall exercise tIc u'ye Legislation
over OF government sni other places purchased
vi the coasen. OF the Legislature CT the S as; that
eaeS shall appoint in sach manner as ihe LsJsla
hsrs'J may oirec electors TO elect the esdent
aad Ves. President and, Aoslly that "any Idicia
Other Federal officer, rs deLt and acting soisy within
Toe limits Of any Sate, may be mpeEehed By vcte Of
tWc.hrds OF both branches OF the Legislature thereof
This ss clause remarkable, from he ct that Il is the
only clause in the Constitution which speaks OF both
branches" OF the Lsgis,Srre ofS State thereby ind
csing 10 the view OF tte trainers Of Ehs. instrument,
hat Legislature must consis. OF two brgneAeB, and
that the cAmsral systsm Of leg station tbs Ameri
can 9, 81 m aud sry ell m,nt OF that republican
ON Of government guaranteed by the Conslu ion 10
each ate Ii Is manifest from this eli ght OF the
Cor i,uIOn that you subtract the State Lsgs'tures
and GnvSruors the Confederate Government would 10
ri ~ omh m and in a;x
the Conf, derate Senate and the Executive would
70 eIist -
further apparent that the most Important constl
uonsl functions devolved on the State Legislatures
and Executives, all Of which would be arrested BY the
des;Inc ion OF the State Cover In addition 10
these arguments dedueed from the constitutional struo
of the Confederate Government, there is AL sIpe
luse in The Constitution which otbids Dor gre from
e1ercsing any POWER delegated to tt in such manner
20 impair the STATE G vernmeuts. The clause CT
section article T. prov des that the Confederate atss
shall guarantee every State Tepnol form Of gov
eramen' Anc shall protect each OF th agains, inva
or and on application Of the gislauIe Cor Of the
~ cuve when the Legislature is not IN SESSION. against
domestic violence. Here il express prom main
"a sld protect The se Governments. TIE language
I'd exploit !. guarantees no; only the governments Of
toe Safes but tia. tbos governments shovl1 D. reIu1
hcsu Ia torn sl0 ibas they should d, secured against
invasion sad eyel against domestic violence, they APP
pied ior assistance hrsN;h Tie LsgSlGiars or Go5sra
Ice MAJOR -s-tkpii ~ -truu
gui,h bstEsen ;he oftcr and the flee. BE says II you
cor ctbs the State offces the Office held by hin po
DESTROYED nor !Gde,d "a the efss vacated and hence
the compulsory service OF State eff ,ers IN the army
cannot be justly regarded as tsnt.mouut TO desuuc
lion OF the Safe Govern msn;a What Il Gcvtr
uent Mr.. PRECEDENT without officers TO admins l.?
/. Is as innocent and hssmlesi Of tie curious
constitutions stoVei away IL the pigeon holes Of the
Abb Siege's Il 10 q metaphysical entity, not cor
poresl rg il ,Ists in the interior or ideal world,
rot IN srior physical world 1t Is the emacated
skeleton destitute OF vitality, not body IeI,te With
U rgy ard vgor and power /. lie government Of the
IN lsina;ion, not government 10 TACT Certainly IL Il
rot a mere paper goFernmr Mt which the Constitution so
.1pr'sily suarln,e 50 TIE Ststesis Is government
With all the ply veal agents necessary 10 condncI is OF
era0us Toe Senator further mantt rs that II tie pres
en officers eonscrbed new ones can b. elected
20 al their places This Argument does not satisfy the
mind because the which conscr5es the pres
nj ncumbeuts, suit any substqucn! ircumbenis
TO a similar process ;hsre being no limit to the oonscr
hing DO ser In the view Of Senator'S the oppor eide
OF the erection, but the will OF Congress Controlled by
motives Of eITediency.
Tae Senator f,om Mississippi also seems to suppose
that as s officers constitute part Of the aggregate
mass Of l6iv duAs In State, and all individuals or
p,rsons ia State may be conscroed that there is no
ooasti utioDal exemption Of those individuals who
Aod State cices la her words State officers being
individuals eonsiuting psrt OF the mass oil ciiizsns
there Is 20 difference between thtm aud other ciu
zsns as 10 the constitutional duty TO serve the country
10 the army, and hence al are equally 81 'c'ed,
by the constitution, to the operation OF any coIscrp
lien law that Congress may ht to enact This view
will not Ia my jlde ment bear the test OF analysls.
3 ate fces is IoG only citizen Ike any other iudiyid
ua, bat he Is something more; he Is clothed with
porion OF the sovereignty OF h, State. The sovereign
~ manifested and prac i:ay exerted by eff ,ers APP
poia,ed to express It's WILL the mos. humble ate Off
Ger such the cotsabe Justice Of the peace In bis
sphere represents and eIers power OF the
8 ate az we'll the most exsl'ei i've idc'al
oH.er The ermlne Of the judge add tbs eItsn! Of bis
Jurisdiction msy invest him with more soemnity, but
the Suthory which Is ex9rcsed by the rustic, and IN
et,ered lslos Of the peace 10 dispensing justice the
Gross roads Is less sovereign than that exercised BY
the highest judicial o,er OF the State boh derived
from tee ssm, ountsn-tbe sovereign will Of the pso
ole. Hence, State efce is not only one OF the macs
Of oizeusbu he II 90 Individual temporarily represent
- n III, ~ l. IN az nj