Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1862-09-16
CutFrijEIehi'E STATES tIiSGEt.HS
IIcspAY. Sept. 18th, 1862.
SENATE.


SENATE.
The Senu,e met at u o'clock, and vas
opened with prayer by the RcY. DR.. J. L.
Burrows, Of the Baptist Church.
Mr.. MAXWELL, Of Florida, introduced
bill TO be entitled San act to amend the l2th
section Of the net amGndatory of the seqnes-
tration act, approved February 18th, l5G2,
which waa placed on the calendar without
being read.
Mr.. HAYNES, of Tcnuesste, offered two res
outions, tho first:
TIA. the Committee on Military Affairs en-
qure and report, Mt the earliest possible mo-
nent, what works are .aost practicable lor
the defence of those portions OF Tennessee
| OH the Cumberland and Tennessee rivers, ana
what appropriations are necessary Tor the
| same.
| The second:
That the Committee on NaTal Affairs IT,
quire into the expcdiency and practlcahlIity
Of building such number of gunfmn~ and
transports rs may be necessary Tor the pir-
poses indicated in the first resolution.
Or motion OF Mr.. CLAY, of Alabama, hoth
resolutona we're laid on the table md plnccd
on the secret calendar.
| Mr.. FlTzHuoH, tho Sergeant-at-A rms. was
granted one weel; s leave Of absence 10 visit
his ibmlIy, two members Of which being
III.
Sir. IIrHTER, from the Committee IN Finance,
asked to be discharged from the further con-
SHERATON of resolution for the prevention
of illicit trade. Tho trade with Maryland is
not Illicit, and there Is little or none other,
| b., ;r ,.rIH
Mr.. OLpH,M said that MIR. lfuHTEg had de
veIoped in his remarks the deficiency al The
present law, which it was the object o! his
resolution 70 correct. 1t was found ia the
exception Of Maryland and the border States
from the operations OF tho law. Mary land
had disappointed us in her political action,
and ihe trade carried on with her had been
very injurious TO lis, md had tended nch to
tbs depreciation Of our currency.
Mr.. ficsTEk said this w-ar, Of u! I'"c@, the
most ,inprup..ouh lar withdrawn. iuIul-
1ences 10 Maryland. The nsws was that the
people were receiving our money readily in
payment for army supplies. The trade re-
f.rred to was not large, and waa chiefly III ar
ticles which had been indisI en>able.
Mr.. 0LuHAM referred to tho trade Of winch
Louisville YVES the seal
/ 11r. IIuarEk said &c had coed ncws from
| Kentucky, too, which shCuli rec0nclln us to
thi.. There are twenty thousand kent,,"Iiaiis
waiting only for arms, to join Kirby 3nrirb
The COMMITTEES wsA; discharged IA re-
qEc2ro;!,
The mnlinn pending from Saturday. 10 re-
consider uut resolution Tor the ADJOURN
In-nt Of Congress on Tuesday, the Both INST.
was rejected. The resolution vas ordered to
be sent to the House.
The Exemption Bill then came up as The
unfinished business. The pending amendment
being one for the exemption Of Justices Of the
Pence OF which Mr.. HATSvs, Of Tenn, nad
the floor.
Mr.. U.Y*rs said he differed from tina opinion
advanced by his colleague, that the power Of
| Congress to raise armies was limited only by
the prohibition on appropriations for longer
time than tSo years. lie agreed to the
policy of CONSUMPTION, but the Unlimited
mower to raise armies which was claimed, WIS
denied by the Constitution when it guaranteed
to each State n Republican government. With
the power TO conscribe State officers, the State
governments might be destroyed. The dc
s.rrlctiun OF tho Legislature by conscrptlon Of
their members would bring the Confederate
States Senate into dissolution, for the Sena-
tors were elucted by the Legislatures.
Mr.. II. argued, that in like manner the
House of Representatives and State governors
might be made to disappear, and elections for
the Presidency cease under this assumed I'M
limited power.
Mr.. uAYNls said there was further limit
upon the war power Of Congress, iii the pro-
vision which allowed invaded States to take
up arms in self-defcnce. The troops 10
raised could mot, in his opinion, be con-
scripted by the Confederate authorities.
Mr.. IIvNvrn sail the subject under con-
sierstion was one Of class which vas
fruitful OF CONTROVERSY had been so under
the old government, and would bes IN this.
This arose out Of the fact that concurrent
powers were granted over the same subject,
both to State and Confederate governments.
This was true Of Cur judiciary, our commerce,
and our military defence. Approaching these
subjects from Tn. sics of the State and Of the
Confederate authority respectively, no doubt
perplexed US on either side, mp to certain
limit But there was f middle ground OF
shadows and o.; controversy. The safest
practical rule was fur each, so to exercise its
powers, MS not to destroy the powers OF the
other. The Confederate Government had
right to call out the militia, and the State
Governments right TO carry on their opera
tons. Leave the State officers to the States-
the Confederate government would haze M
litia enough without.
Thn best solution would be to exempt those
whor: ;'ia State exempted from her own M
iiti, service. This would be only decent
respect to their own opinion of their wants.
II lie voted on the question in It's present as
pect, be shouli exempt justices, on the pre-
sumption that the States held them as an
important part Of their Judiciary sys-
tern.
Mr.. Maxwell, Of Florida, explained the
Dlrp"rt of an amendment which he designed
to offer.
alr. So.nso'?, Of L., said We msy as laach
violate our duty, end Lc the authors OF As
much mischief bS doing too little Hi too much.
We must Avoid EXTREMES in abnegatlnS rs
we'll ms in claiming powers. lie denied that
the Confederate Government was mere
agent. There could be 40 citizenship under
au agency and no allegiance to 1t.
A very animated and somewhat caustic
discussion and colloquy next ensued, first
between Mr.. SrMMs, OF ny, and Mr.. lAscET.
and then between Mr.. PHEL.H, Of Miss, and
Mr.. Y.ScEr. The discussion grew out Of GER !
tain remarks in Mr.. TANrEYs published ;
speech, to which the other gentlemen took
strong exception. We have room for but L !
few words
Mr.. SlstNs said Mr.. Y.scsT had charged ,
him, Mr.. PHeL.s aud Dir. HILL, with beng
sn~ittingly the advocates Of a.military des-
potisn. He considered the sa7ory word
" unwittingly," as no compliment. If dis