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


t;ci with nr invs,le5 The easier, ], therefore,
rep,diate al thea that we can safely aohil-
don any 81 tl,o safeguards "t our liberties III
order mon successfully IN cunicni WIN our
invaders.
Mr.. President, have SAL that this amend
,nent and the principles upon when iI mas
been supported, il carried into practcn! lrsIS-
lntion, will destroy both the State and Cum
felerate Governments, and will erect Inc ES-
ecutive into Military Dictatorship.
now proceed to sustain that proposition {:
I'm considering this question, 1t must be
borne ia mind that this Is not consolidated
Gnyer1fsent; but that the powers Of this
Con federacy are limited, because delegated,
and that ali the powers Of government are
distributed between, this and the several State
governments.
There are seven articles in the Confederate
Constitution. assert that the exercise OF
such a power hv Congress will destroy the
provisions Of six Of these articles, and VIII
thus destroy the various po"ers delegated to
Congress- and which make this & constitution
al civil government. and will leave the ESecu-
liz. and war power without the checks and
balances so wisely provided IL herp these sub
ordinate 10 the civil and Legislative power.
In the first articles are provisions that the
| Legislature Of 4 State has power to prescribe
! who shall lac voters Tor members 81 House
If representatives; and shah choose mem
| bars Of the Senate, ami prescribe The times
places and manner Of their election ana tf'as
| m. State executives shall Issue Wrlt' u cleo
ton to Til vacancies III House OF feprtSela-
| lives: and which reserve 10 Il state the t'Shl
4 nj
to keep troops to rcSSl INVASION ~ time OF
var. Every one OF these provisions can
and would, he destroyed by Congress as
| sumiuc the powers commended Tor hy the SEN
ators from Georgia Mr.. Hill and IRON Mis-
sissppi Mr.. Pncnn the power to place IN
the army Tor three years the members OF Inc
State legislature and the Executive, through
whose action alone can Representatives. and
Senators be elected, and the power to eurolI
as couscripts the militia officers Of State
and the militia, when called out by State: to
resist its invasion.
Texas has /. regiment Of rangers now IN
her service to protect her borders virginia
has large body Of her militia 10 protect her
insulted territory. In my opinion, Congress
ca mot touch u man Of either under the con-
script law; although believe that Congress
csr rruylde for cailInsaorth the militia tn Iepcl
invasion; and in such case The Sisles would
he hound to Send their militia. i'll obedience
to that clearly delegated poTrr.
Thele is anotlsr class o! provisional III TIE
first article, winch Inc assumption OF such
powers by Congress 81 are conlcudcd tor
would render null aud destroy. These Snna.
tors say distinctly tina. Congress has power
to c.rnll every member VI Congress- as pri-
Yates in Tie army Tor three years or more
LIE, Us see The effect. The lstarticispruv"'rs
that all legislative power shall ir vrslc,l NJ
Congress-; that It shall meet once :. wear; that
the House shall alnne imlrach III ol:er: that
the Senate shall try lnpeathtueuts; that mem
Lc1s shall be- frts from civil VI military ar
rests snyc for treason, felony or breach oftht
peace; and That all bills for raising revenue
Shall ORIGINATE in the House In ad'li1n t
Ill this, There are nineteen distinct r"wcrs
specially delegated to Congress in that article
siy OF " hich rri,'. 10 III: wer power. ia cit
| roll members ol Congress III lho army Euuid
destroy the Legislative hr"Dch OF the govern
| rleuI and would render Congress unable t
cxcrci,.. all thos" powers and perform al
| those duties: would take from the lmnpc o.
the States treir y1icr in managing the Hr;lr
| raj Government, AMI would tHkr from TIT
States tie reprcarlitatinn Of Their Sovereignty
| in this government, and would place thi
reyen;e in the hnuls 0i the Executive would
give him tie purse as well "a he sword
Further. the Suppression OF Congress, b. Ell
rnllrg il IN the army, would destroy i',r m
power V h,cll could lmpcacli and Try til" EN',
culive for u,urpaliun.
| Let MS l,nW cXaIiilnc ih; ~ :i:liC!v. j
provides that the President shall nc elected
bv electors every SIS Years. chosen ~ TIA
State Legislatures may direct. !; slTas IL
him the power of appointment Of officers sui
ject 10 confirmation Of rejection hy tlic SEN
ute. Ne can make treaties 10y aud with Lht
advice and consent Of the Senate. lie sf,al
rive information Of the state of the C0nlede
Tacr to Congress. He shall be removed from
Office Oh impeachment. But these Senators
say that Congress has the power t" lrsLro.
the Slate Legislatures, which preScIihrs tia
apuoirtucnt Of ccctGrS--iiGa power 10 dc
stroy the Senate, which can rri.ct his APP
pointces, and which can reject his treaties
and which can remove hiiu from office by
inucachment: and, when all this has beer
done, there will be an Executive, without thu
check of the Legislative power, without this
lear Of the High Courl ii ilnprhrhncnL--al
|
and; put down At will--to make alliances
With foreign powers 10 maintain him in hi'
one man power. without consultation on draG
back from my quarter, aud tn kccp his con
troll oi government, us there will nc III powr
in eaisttnce TO rlcc, his >cccS,ur all'; dispute
his term Of oiice.
Let MS examine IL. Il Article. 1t provide:
that the judicial power shall be- vested II
supreme and other courts, and that the judge
shall hold Office during good bch#"ior--sha
they shall preside over civil and r'lInina
trials Of prescribed character.
But these Senator's declare that Congress
has power To blot out that nrtictn-to render /
OF no ctfcct-tO take the Jrdgr from tn. lencl
and enroll the;m S aOlir!S under military
rulc-to deprive them IF the dlsnitrS ant
privileges of their high Office, no matter how
ir,cpruachab bic their lie The Chief Ju&'ic
is required to preside in the Senate # IN
President is tried BY impeachment But, al
though the President may Es"e hrihed mem
hers to destroy the civil functions IL govern
n.,,i, AID may have Unconstitutional.
arrested and forced State autllnrItcs and Il
Congress and the judiciary into his army
anil therefore had assumed all the powers q
government and he Liable 10 be tired for trcu
son, there will I've found no tlnIis" TO ilnpeacl
LID Senate to try him---r Chief Justice t
nreside-ull will be forced, under the prnci
pies so recklcssly Hvow"d ''cr. by the Senator
from Georgia. (ur. H.liA from Mississippi
(Mr. Phela,0.a from Kentucky ,lMr. ;;Inms,
to BIO under the inai!ed hand OF mitar
Diatator--lhat has grown under their plea q
necessity" and Of the "unlilnllrd nature c
the war power"
But to resume my review Of the Constitu
ton. Under the 18th article, the CONFIDENT
StalrE guarantee tn every State Republican
lrm al government, and upon application g
the Executive against domestic violence. lin'lr
the principles Of these Senators, what hec"me
Of this valuable provision The government
of The Confederate States - inr from afford