Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1862-09-12
s,tTcu or W.; L. TANCEY 'Esu.

SPEECH OF Wi, L, TANGES Rsa.
On ihs sd Of September, Mr.. }!NcEH offered
the following substitute 10 the bill (Sec. ~
to amend An Act entitled An Act to pro-
vide for the public dcitncc, approved 10th
Of April, 1862.
Strike out all after tie etiaclimg clause, and
insert:
That the President in. sni he Ii hereby authorizet
and it shall he Iii, iW!y. l" make iequsuu UPON the
Executive authorities oi the several States o.
| racy for tcr proper proportion or quota oi --------
ttODlS t le lns. from cil!.c:S llweel the ages of
35 and 10 and Ia he received III companies Of not
less than 100 linn lIU men, uIiiccTcI under
Tie laws ut The stale furnishing them. said troops Ia
I've received into The service OF the Confederate States
for the OF three years or during the L. he
organized i'll su''! !mhliicr Ms tie President may deem
nluSt conducive io the public Interest and in all
spects to c c"llsldeIed pan Of The army Of the
Confederate STATES.
SEC . In the event any of the Governors of the
several Stut.s shall fail refuse Ia, c"Inpiy with sul
n1uistol Within thirty Days alter shall have been
made the President III that event is hereby authorized
and it shall Ia hs duty, Ia cause 10 lie enrolled in the
military service VI the Confederate States Nil able
bodied white i'll the several States, rot legally en-
emp, rfou such service, Who may bc between the uges
of IS and IL years IN addition 10 those subject en-.
Yolrnt under the Act further To provide for The pub
lie defence" approved 10th April, 1852 wlo shall DC
| organized undrr he pIUvIsuI!S OF that sct PIoyi
died. Thai ui!i"ra, cTii ur military, uf tue govern
,neulA OF ANY vi the state, shall lie enrolled either
under thus ucI ur under : net la further provide for
the public defence, approved 10th April, 1852 and
Provided further That all n:el in Ike army over
40 years slla h he euilr: 10 mn immediate discharge
| within sixty days alter tile laS-age OF this aci,
| The following are the remaI ks Of Mr.. YAM
| cry, delivered in the Confederate States
Senate, on the lth Of September, i'll sup
port Of his Substitute tor the Bill re-
ported by the Military Committee to further
provide lor the public defence:
MIR. YANcEY said:-
MIR. Presidential the last session voted
for the act, commonly called the conscript
act, chiefly because oil the necessity Of keep
ing in the army, then menaced By superior
numbers Of the enemy, some ScVenty-llre or
eighty thoussnd eXps, iencci aud brave SOL
d!erS, whose tr,u.S "f service we're expiring,
even while We ws:r cnnrtng the law. Had
it not been Tor That controlling necessity,
! believe another mode vi ,a,a,nS men Tor our
armies would have been adopted. That rea-
| son-that hard necessity does not exist
| now. Oar armies are driving the enemy he
| fore thrm, and we can deliberate upon and
adopt the best nranS dT recruiting them,
withnut DUNG violence u the icclrng= or
prejuditaa of any.
The attempt to put that law i'll force has
! called forth solemn protests from at least two
| Of the Governors of the States against It's con-
stitutionalty, and has i'll SonIe other quarters
produced irritation on account OF its lawlcSS-
ness and supposed violation Of States rights.
In one instance an actual collision between
| the authorities Of q sovereign state and
the Confederate States was alone prevented
by the prudence aid moderate II Of the Pc
sident, for which hc dc:rIvrs well Of The
country.
have not hqd and do not now have, n
particle Of doubt IN my mind as to the con-
stilutlonality OF that law. have not read or
heard of an argument against It, when
conceived tenahlr; and in proposing now
TO raise troops for our army i'll some
other mode, il is not that conscrlpton is
unconstitutional Tut that it is wise, in my
opinion. 70 e,t, as lr aS possible, III
harmony with the authorities OF the several
States, as long Us we can do so consistently
with our duty to the c"in!n,m cause. Ii one OF
more Of the sovereign States conceive that
collscriptiou is wrong, and yet are willing TO
furnish all the troops required through Stutc
agency. the main object being TO obtain the
troops, it seems to me to be both wise and
dignliied to accept them at the hands Of the
States, aid to ioreso our right to so into
State and TO enroll the men individually. -
We should remember that State jealousy
State sovereignty-which in some respects is
the strongest, yet NAY become the weakest
point in our organic s. stem. We should re-
member that, DO matter what may be the
logic Of our position, the States, in our
acknow lodged view Of their relation to this
government and each other, have the right
to Judge for themselves in the last resort;
and on a question Of the invasion Of their
rights by this government, are likely to dc
eide that question from their own stand
point. and in favor Of their own interests
Ii seems 10 me that 30 #iatrrinaD would.
without the stcruc;t Necessity, fJrre S'ch an
| issue upon them. in war an asgriGved state
may yield its Judgment simply LccalIse OF eN
| ternal pressure, and the danger of Intestine
division.
Such was the action Oh the Conscript act Of
the Governor Of this State. But The matter
Gun not and does not PASS away, with mere
protest. When the Wat ceaSes--whcn this
external pressure is removed and peace gives
| occasion for the full development of State
sovereignty and rrsourccs-such collisions,
such temporary submission, favored ny cir
cumstanccs, are Remembered; they are Ike
old wounds, and occasion u jealous and watch
full conduct towards the Confederate Govern
mcnt, and tend to breed parties. which, i'll the
end, may disrupt the Government
desire, in all my action rs Il Senator, to
give as little occasion for reneulbrances OF
this kind al possible.
Senators speak OF prosecuting the war with
energy. Energy which arises from the slnuuih
and harmonious action Of all the parts of our
complex Government, in favor Of a common
! cause, is one thng-and, in my opinion,
! the one thing to be dcsired-and that energy
! Of one Department, which produces discord
! between tho State Governments and that Of
the Confederate States, is another thing,
which, in my opinion, il mostly deeply to be
deplored and to be avoided The former |
| desire to produce by the substitute Offer
! It is q peace Offering. The occasion is pro-
pitious for offering 1t. Our armies are vic
torous and the people and authorities of the
several States, filled with patriotic fervor
and hope, will promptly respond to what
ever call for aid their common agent-the
Confederate Govcrnmcnt--may call for.
The first section Of the surSi!'It. author
ICES call upon the States to furnish each
their proportion Of such number Of men
as you may designate, between 35 and 45
years old, within 80 days, to be furnished in
| companies, to be oilicercd according to the
| laws of the State.
The ID section provides, in the event of
the failure Of Suite to respond, that the
President shall proceed to enroll all between
IS and rs. The substitute gives to each
State the opportunity and privilege Of fur
nishing it's quotn, Differed iy itself Who
can doubt that the opportunity will be seized
upon with alacrity by each State to exhibit
its energy and patriotism. Why, sir, when