Washington telegraph., 1862-12-24


the chief officer of the State. regarding the
construction of our State law requiring some
Whlte person to remain upon every plantation
with slaves, and in accordance with Gov. Elan
agin's opinion, has determined that nothing be-
ing fixed by the State law, to what consti-
tutes plan tation, upon which white person
IS required to reside, that therefore the Confed-
crate law alone is to be regarded by enrolling
officers in deciding upon exemptions.
This being a matter directly affecting the
rights of the State of Arkansas, there is much
propriety in applying to the Chief Executive
of the State for advice, as Gen. Holmes has
done. Nor can we see any improperly In the
response of Gov Flanagan, SO far as the same
NAV be considered as friendly opinion, given
with the view of aiding and assisting General
Holmes in the discharge of his duties under
the law of Congress.
Nevertheless, with all due Difference, we feel
honestly sure that Gov. Flanagan is mistaken
| in his views; and whether mistaken or not, con-
tend that he is not the proper tribunal to de-
eide the question definitely and with authority
| 1t is question arising under the constitution
and laws of the State of Arkansas. upon n
statute originally passed to impose peculiar
| duties upon the citizens, and which by act Of
| Congress has been subsequently made to
| fer certain exemptions upon those. from whom
| those duties were thus exacted blythe State
| Our judicial authorities alone, are competent
to define these duties and consequent exemp>
tons We submit that it should be referred to
them as soon as possible. in some appropriate
be- be acquiesced in as final
Upon the point before us we will endeavor to
give our opinion concisely and intelligiblv.-
The law of Arkansas requires ''that any per
son occupying plantation with slaves. be
bound to have thereon white person t. over
see, and maint tain good order amongst them.
provided he or she does not remain on said
plantation in person. On failure to do so. he
is made liable to indietm emf. and fine of not
less than fifty dollars. nor more than one hun
dred ''for each month said plantation shall be
witho ut such white person."
This law was passed for the protection Of
the whole community. 1t was to prevent the
-demoralizing influences which might he brought
to operate upon parcel of slaves left tn them
selves, and free from the constant vigilance Of
the master or his agent. This evil would he
as likely to attend collection of three or four
slaves left to themse Ives. as hundred Tncv
would be quite as apt to indulge in petty thefts.
to harbor runaways, to became turhulert and
=
remove sill opportunity for the creation of such
nuisancss in a community. The Legislature
has not seen fit to limit such number of slaves
may be left to themselves. but has meant to
break up this pernicious habit of undue conf
dence in slaves altoge Their To allow no slave.
to be left upon plantation without due re-
straint.
1t is manifest that if person should now
transgress the law of the State and leave five
or six negroes alone upon plantation, and
should he indicted, he could find no protec-
ton under the construction placed upon the
law by his Fxcellency. No fixed number of
hands is necessary to constitute a plantation,
There may be large ones or very small ones
but they are equally limitations. Oar Legis-
lature has made no distinction rs to size. pro-
vided there be two or more slaves employed.
The same policy is applicable TO all. 4 friend
has called our attention TO the fact that the
exemption law itself recognizes plantations of
less than twenty negroes. 1t exempts 'for
every twenty negroes on two or more planta-
tions within five miles of each other, each hau-
al oh
is no white male adult liable to military duty;
one person being the oldest of the owners or
overseers, such plantations"
In the view OF the Confederate Congress itself,
each of these smaller Iplaces are plantations,
and called. Being confessediy such, our
State law requires one white person upon each
of them. Ia harmony with this and TO avoid
conflict, the exemption law exempts one per-
son q on each plantation on which one white
person is required to be kept by the laws of
the State OF course by fair and irresistible
construction, one white person Is exempt upon
each of these smaller places; and the State and
Confederate laws work in harmony.
According to the opinion of his Excellency.
and the order of Gen. Holmes, n conflict is in
eyitable, as men would be taken off of planta-
tions, upon which they required by the
laws and policy of their State to remain, I'M
der heavy penalty.
We hope this matter will yet be duly recon
sdered, and tremendously adjusted by refer
ence TO our judicial tribunals. The exemption
law is already unpopular enough. 1t is with
difficulty that the thoughtess portion OF the
community can be kept free of the base and mis-
cradle erTer, that it is for the benefit OF
| the rich 10 enlist in that sentiment the large
| class o. ANAL stockholders is now to he most
earnestly deprecated The whole community,
| shareholders CIR not, feel anxious about our
home police. and are 10th to see its resources
of raen materially diminished. Whilst they
are ready "a large majority of Them to obey
with cheerfulness all laws Of Congress, it is
much to be hoped that these laws will not be
| stretched, even by mistaken and honest con-
strnetion, beyond their legitimate application.
Most especially is it to be avoided, that the
people should have any color for believing that
| the laws of Congress and Of their State Legsla.
| q RE- be in To arh;t