Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1862-10-14

ClaIterou DdcK lnLO nell
From our barefooted boys!
Governors Communication In Response ts
a Resolution of the House of Delegates
Adopted September 9th. 1862.
EXECUTIVE DEPARTMENT.
September 80, 1862
Gentlemen of the House of Delegates:
I received this morning resolution, adopted
by you on the 9th inst, calling upon me ssto
inform the house of delegates under what clause
of the constitution, or under what law or laws
of the State, his {my) proclamation of the 3O.h
day of August, 1862, calling out the militia OF
certain counties of the commonwealth, and order
ing them to report to Major General Floyd. was
issued.''
In reply to the first branch of the resolution. I
have the honor to state, that in section fifth of
article fifth of the constitution, prescribing the
duties of the Governor, it is, amongst other
things, declared:
ssHe shall be the cOmmander-in-chief of the
land and naval forces of the State have power
to embody the militia to repel invasion. suppress
insurrection and enforce the execution Of the
laws.'
The law declares (see Code 1860, chapter II.
section p: eff any combination, whether for
dismembering the State, or establishing in any
part Of it separate government, or for any other
purpose, shall become so powerful as to obstruct
in any part of this State the due execution of the
laws thereof, in the ordinary course OF proceed
ing, the governor may call forth the militia or
any part thereof, to suppress such combination.
8. ssWhenever the governor shall call forth the
militia, whether by virtue OF the constitution or
of the preceding section, he shall issue such or
ders and take such measures for procuring and
transporting the detachments, as to him shall
seem best; and for their accommodation. euuin.
ment and support, shall appoint such quarter.
riasa md off
shall seem proper.
| 4. ssSuch orders shall be sent to such officers
| and in such manner, as the governor NAV deem
expedient, with notification of the place of rem
devious; and the officers to whom the orders
are sent, shall proceed Immediately to execute
| the same.
| 6. eff such officers as the governor deem,
necessary do not attend at the place of rendez
vous, or if the governor shall be satisfied tha
| they will not attend, he may appoint from the
counties from which the detachments are called
forth, so many officers as may seem to him prom
er for the said detachments."
| The contingency contemplated by the consti-
tuition, and provided for by the act, had occurred
not only in my estimation, but also in the opin
ion of the general assembly, as they had concln
| Siv ly indicated in the passage of the law an
thorizing the raising of State force of ten thon
sand men, to be placed under the command q
Major Gegeral Floyd. When this act was passed
the legislature unquestionably believed the force
to be needed for the defence of the people q
Western Virginia, the reclamation of the terri
tory then desecrated by the invading hosts O
Lincoln, and the re-establishment of the laws i,
those counties which had been taken possession
of by the usurped government inaugurated =
| Wheeling.
| Volunteers to Fill this state line did not com
forward as promptly as the Legislature or sup
posed they would; and considering it important
to raise the force as speedily as possible. I con
sldered 1t my duty to adopt such constitutions
and legal means as were within reach to accom-
plish it. At the time l ordered the militia +,
report to Major General Floyd, nearly one-bal
OF the territory of Virginia was in the possessio o.
nd under the control of the public enemy
nernment had been inaugurated laws enacted
RS appointed; the authority of the rightfu
rnment OF Virginia repudiated peacefn
quiet citizens arrested and imprisoned. an,
fneid In confinement until they would agree t,
take an oath of allegiance to the Lincoln gov
ernment; others, upon fictitious charges. arres
tea, ana after going through the forms of trial
convicted, and incarcerated in the penitentiar,
at w Washington, where they yet remain. The
had senator's and representatives in the Fedora
congress pretending to represent this common
wealth; the judicial officers of the State ha,
been deposed by the Wheeling legislature 8 anI
elections held to supply their places. Az
things had been done. EVERYTHING =
to show the existence of ga combinat5
dlsmem bering the State,' and ssestab
''part OF thIsaSfate. separate go
IN the iangua ct, was then
! every one. BE of an ssi
the language C0hstit ution. W
In making the call, l was acting in 81
nifty not only with the spirit but tl1{
the constitution and this act of the Iegis,
The law regulating the term of service
Code, chapter Both, section l2), declares
| Tha mil;
State authority, shall serve for six months af,e
their arrival at the place of rendezvous. unles
sooner discharged. But the Governor shall !
all times have power to retain them in seryic
ifOr such time the militia in the service of tb
EQpfederate States may be retained by autborit
ngress.''
Militia, when called into service. was
months; but intended, in the lar
law, ssto retain them in service, fo
Yelve months, the term of servic
the act establishing the State line
OF Virginia required it.
call has been made for the militia
yself or by the generals in comman
derate forces, it has become commo
ese called upon to render service, to oues
me authority, and thus discomfort and di,
fsfactlon nave been created, operating mos
Imlschlevously, seriously impairing the value I
tbs arm, relied upon for the pubic defence
This spirit ought to be discountenanced and mr.
down, and appeal to the general assembly /
give me their aid and support in effectuall
crushing II. Respectfully,
.Touu ImoYr~c