Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1862-09-12

5 President &c sali for, 5f enroll these trscps:
but have made it q" his duty" to do &c.
In another particular the substitute dill
fers from this bill of the Committee. The
latter does not touch the delicate question
made by the Governor of Georgia, and leaves
that question as it stood before. In my 0pln-
ion, the Conscript act could well be construed,
taken in connection with the Exemption act,
as exeInpting State officers. think, indeed
that they are not liable to CONSUMPTION by
virtue Of the organic law Of the Constitution.
look upon the exemption act as far as it
relates to Governors, Judges, members OF
Congress, as simply dcclaratory Of Constitu-
tional law-and not as, in fact, exempting
those officers. But as the question has
been raised, we should meet 1t and not
leave it III doubt. My substitute, there
fore, declares that no civil or military
officer of State shall be enrolled by the
President. hold that we huve no power TO
do so--that is a reserved right OF State TO
keen perfect its own State organization. That
organization is executive, legislative and judi
cial. You have as much power TO trench
upon and curtail all of these departments Of
State government rs you have tn take JUS
tice of the Peace or Constable and put him
in your army. IL has been proposed in the
Senate to-day, in considering the Exemption
Bill, to enroll Justices Of the Peace as SOL
diers in your army; and the Senator from
Georgia has advocated the power to do so in
an ingenious and elaborate speech. lie de-
clarcs that your power to raise armies is only
limited by your necessity, and that you can
enroll every member of this body and every
member of State government, if you see
proper to do so. With such sentiments
declared in the Sonata, it is time that by
some solemn vote this principle should be
passed upon, and should he repudiatsd by
the body.
This Government hold to be but an agent
Of the States composing it-established To
secure to each State and the people thereof
the blessings Of constitutional liharty-and
that the great mass of the personal rights
and liberties Of the citizen are derived from
| the State constitutions,
The States are the creators Of this COVER
mental agency, and under our system, rs uow
organized can each separate itself from it,
when, in its judgment, it may think it best to
do so and there is no power in the Con-
federate Government to say nay.
The State governments, then, are an csseu.
tial part Of the complex system of govern
ment known as the Confederate States They
are essentially necessary Ii its existence
and it's practical working. Without them
there can br no Senate. [ sit here to-day as
citizen Of Aabama-not as u citizen Of the
Confederate States, chosen by the government
Of my State.
| Without S:ata Governments there tan be
no House OF Representatives, because there
can be no Ielectors Of that House-they being
such us the State Governments designate.
Yet, although these things be 80, the Sena-
tor from Georgia Mr.. HILL says that he
blodly meets my proposition and AYERS that
under the war making power Congress can
enroll every judicial officer of state,
| fr OLD Justice of the peace ~ the chief justice
upon The supreme behch-can enroll every
member Of COngrrSs- and rs one Reason there
for has brought into The Senate Ltnccln's
great reason for al! his mSurI a,ions-thal the
National life is in danger.
Mr.. HILL declined saying anything that
would justify Lncoln's usur pations.
Mr.. YASCEY said that far he ii from him
to make such an assertion vi the distinguish
cd Senator; but he had urged that "Ihc Va
tona Life" was in danger, and that our war
power was unlimited, and therefore We could
conscriptState officers. Mr.. President, There en-.
ter INV solemn protest against The Introduction
into our political voca bulary Of such phrase
as "the National Life" Sir, we have no ma
tional life. This Government, Us 10 foreign
nations, is Oonfederacy, and may be termed
by them national. AS between itself aud its
creators, the States, it Is but un ugeut and in
no sense national. 1t has no national life to
defend. It's province its sole province, is TO
depend Constitutional Libcrty--the Constitu-
tluna liberties of the States, and OF the people
of the States. Its agency is to guard, preserve,
and perpetuate those liberties. 70 that end
it has given to it the power to make war-to
raise armies but how absurd To c0nstrue that
power into power to crush, to destroy, or
in any way to curtail any of those ri ghrs Of
its creators-the States-or ofthe liberties OF Il
! single citizen Of the States. If the principle
is yielded that Consrors Gail, under The war
power, destroy OF cOnscript the civil or mili-
tary officers Of sovereign State, then that
| State Government, during time of war, ex-
lists only by the will Of Congress--either to
be suspended altogether, or to exist in q
manned and inefficient manner.
| Mr.. President, meet this assumption OF
power on the threshold. deny IN TOT" That
the war power is paramount to The civil
power, either of the Confederate or State
Governments. all history teaches US, 1t is
| true, that in time Of wnrs the civil shrinks
| in the bnck ground before the liercer bearing
and more energetic action Of the war power.
Such, in fact is the stale Of things in the COLI
! iederacy to-day. Even in the Very citadel OF
the civil power its chosen guardians chouse To
yield to the usurpations Of the leaders OF armies
and to palliate if not justify them. ON not one
Of those. here assert that the War power
! is but one of the means belonging to the civil
power, to BE- used to mnntain and defend and
preserve the greut elements of civil govern
ments: that the raising Of armies, The con-
duct of the war, the duration Of the war, are
all within the scope and control of the leGis-
lative powcr-the only power which Is su-
preme i'll this government. We Gre the las
lcrs Of that power OF war, and it Is to be made
subservient to our will. Practically, adj
init that in parts Of the country it has been
the reverse. We have General who, by
military orders assumes military censor
ship over the press. We have a General
who declars Martial Law over whole States,
and has even carried his usurpation so tar rs
to abrogate the municipal government of one
of our large towns and to appoint military
| Governor over its inhabitants. More mon
strous usurpatiUns never were prnctised by
any Of the Stuarts. This is that West Point
dcspotism, which, in its arrogance, deems the
people incapable Of furnishing good officer
TO command thei: volunteers, or even Gi
/ governing themselves in time Of war. 1t is
! tho result of an exclusive military education,
! which cultivates the idea trht the glory Of
arms is the great glory Of lie.
1t is time that Congress was gravely con-
sidrring this state Of things. 1t is time that
West Point despotism was crushed in the
conduct of the army, as well as driven out Of
! this hall, where it seeks to obtain footing.
/ 1t is on account of the responsibility
which | conceive these facts have thrown