Richmond Whig. [volume] (Richmond, Va.) 1862-1865, 1862-09-24

Of conresA II, therefore, Congress be allowed 10
exercise this power psy on the other hsni destroy
the State Govern ents by co1scrbDg al State ocers
Where Is the limit 70 the supposed power OF Congress-
and who Is 70 define that mi The question asked by the
Senator from North Carolina presens an extreme view
Of the of the doctrine coltended for by me-
and the queuces of the opposite doctrine are also
stated in not kelly 20 occur Blu. In the Az
gumen,s Of oonsitu ional question the legitimate re-
suits and logical consequences OF principle must
be considered the accuracy OF the reasoning by
which Il 10 sustained. Now the most dsastrou results
of my doctrine would be thshe States could arrest the
creation of army BY CONSUMPTION, the militia power
would still remsir that were exhausted the people also
refusog to support the war by volunteering would DC
manifest that the should not be further prosecuted
Ca the other hand tbs results Of the doctrine
maintained by the Senators from Georgia and Mississippi
aud those who With them are the humiliation OF
thu State Governments and Confederate Government,
aud the persis.anee by the President In carry
ing on var against the viii OF the people,
the Executive we're so disposed. The doctrine
which conceive to be the true constitutional doctrine
only result in paris Inconvenience, the opposite
doctrine might terminate in the political death OF the
State Governments and the concentration OF all power
in the hands OF military ditlor Tle truth r. there
Is itutiona limit on tbs power Of the States 20
State eissrs aud il Congress to undertake
TO inquire ana determine how many and what of6cers
State should have carry on its government 10 State
would, for Instant submit TO such an inquisition
The incipes which our Coniederscy Ia based, pace
/. in power Of Stah, at any moment IL may H.
TO withdraw from the Oonfederscy, and 30 long as 8
State remains n the Conederacy uness she be sctuated
by due regard for her obligations her sister Safes
she may throw By indirect expedents, distractions in
the way Of the execution Of Confederate laws which
the Confederate Government Is poweresa TO prevent
cep perhaps by the remedy Of expulsion. This STATE
Of things Is the result Of constitutions and systems
OF government; it is the result Of Confederate Con
tuition bsstd good faith, and of Confederate Gov.
eminent administered in accord With the will OF the pso
pie Of the States.
Ia my judgment, the military and civil officers CT the
States stand the footing 10 their llblly To
con. cdption. Congress, however, has the uudoubtsd
power to organize and employ the State militia in the
service o toe Confederate Staes In the eIsrcs, of
to power the Confederate Government compel the
militia and their officers to the Confederate States
By means Of legislation acting directly on the M its Of
6cers well the body oil the militia. The reason way
the militia officers be thus e1 TO coercion, Is,
that the express power bis been delegated BY the Saet
% the Contsdsrste Government orgauizA, call forth
ADD employ the militia, wih the ;srs app Jiated by e
States The States have thus sented their mlit
Ulcers shall be suit ,ct coercion In the PIE
scrbed by the Constitution. No was ever
given as Late HI srs the civil service. IT, however
State we're require its Chi;efs IN the civil service
20 perform military duty, have doubt that, under
TIE militia clause Of The Constitution the Confederate
Government could legally compel them in the
army part of toe militia the ground that the State
had consented to this exercise of power it's cers by
constituting them part Of the body Of the mili over
which Congress has the undoub,Ai control