Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1862-09-22


y, This government hold to be but an agent
n tha States composing Established to seen
to each State and the people thereof the ble'
ings of constitutional hberty-and that 3
Z great mass Of the personal rights and liberii
Of the citizens are derived frpm the State CO
4 stitutioBs.
\ The States are the creators of this Cover
o mental agency, and under our system, as 40
: organized, can each separate itself from it, whe
+ IN lis Judgment, it may think it best to DO 81
q and there is no power in the Confederate GO
q ernment to say nay.
The State governments, then, are an esssnE
l part of the complex system of governmeE
, known as the Confederate States. They al
essentially necessary to its existence and il
, practical working. [ sit hero to-day as q citiza
OF AlabamR-uot as a citizen CT the COnfederat
States, chosen by the government of my Stat,
Without State governments there can be n
House Of Representatives, because there can
no electOrs Of that HOuse-they being such a
the State governments designate
Yet, although these things be so, the Senate
from Georgia Mr.. HID says that he boldl
meets my proposition aud ayers that under tn
war-making power Congress can enroll ever,
Judicial officer OF q State, from Justice of th
peace to the chief justice upon the sapre a.
bench-can enroll every member of Congress
and, es one reason therefor, has brought into Chs
Senate Lncoin's great reason for all his usurpa
! tous-tba- ths national life is il dapgor
Mr Hi.l declined saying anything that would
tJus..!y LllC9lu 3 ,yslTpatioHs.
Ar Iancey said shat far be il from him to make
sue an assertion Of the distinguished Senator
but he had urged tha. the national Life" vas in
/ danger, and that 0RT war power was unlimited
and therefore we could conscyipt state Off GERS
! Mr. President here enter my solemn protest
sgsinst the introduction into our political vocab
] ulary OF such phrase as "tle national lifs'
/ Sir, We have no national life. This go1 ern-
ment, as to foreign nations, is q confederaey
| aad may be termed by them national Il has
no national life to defend is providence, is to
defend constitutional liberty-the constitutional
liberties of the S5ates, and of the people of the
States. rs agency is to guard, preserve and
| peTpetuate those liberties To that end it has
given 10 it the pOwsg 10 make war-tO raise ar
mics but how abseTd to c0nslrue the power
into power to cru5h, to destroy, or in aag way
to cur,Gil any Of those rights of its cressors-
tie Ststes-or the Liberties Of o single citizen of
the States. Ii the pTincpis is yielded that Con
gtess eau, under The war power, destroy or con.
script the civil or military officers Of a sovereign
State, then tsat State government during time
OF war exists only by the viii of Congress
either to be suspended altogether, or 10 exist in
MANNED and inefficient manner.
Mr.. President, l meet this assumption of
power on the threshhod. l deny in toto that the
war power is paramount 10 the civil power,
either Of the Confederate or State governments
Ali history teaches US, it is true, that ia time cf
wars the civil shrinks in the back ground before
the i=rcer bearing and more energetic action of
the war power. SJch in facs, is the state of
things in lhe Confederacy to-day. Even in the
very citadel OF the civil power Is chosen guard
ians choose to yield to the usurpations of the
leaders Of armies and to palliate if not Justify
them. l am not one Of those. / here assert
that the war power is but one Of the meaps be-
longing 70 the civil power, to be used to main
tam and defend aud preserve the great clements
OF civil governments; that the raising of armies
the conduc5 Of the war, the duration OF the war,
are al within the scope and control of the legis-
atVe poWer--he only power which is supreme
IN this government. We are the masters of
that power Of war, and it is to be made sub5erv-
lent 70 our will Practically, I admit that in
parts o. the country it has been the reverse !
We have general ThO, by military orders, as
sumes q military censorship over the press. We !
have q general who declares martial law over
whole States and haJsven carried his usurpation
50 Tar as 70 abTOgats tie municipal governments of
one OF our large towns and to appoint a military |
governor over It's inhabitants. More mOnstr0us !
never weIe practicsd by any OF the /
otbaEts. Tins is that West Point despotisn !
WAlcu, IN us arrogance, deems the people inca
paJle OF furnishing good officer to command /
their volunteers, or even OF governing them
selves IN time Of war. Ii is the result CT an ex-
elusive military education, which cullivatss the |
1ea that the glory Of arms is the great glory Of /
life
It's time that Congress was gravely consid-
sring this state Of things. Il is time that West
Point despotism was crushed in the conduct of
the army, well as driven out of this hall.
where IL seeks to obtain a footing.
1t is on account OF the responsibility Which I
conceive these facts have thrown upon us. that l
lsve introduced proYisO into the substitute
hat no civil or military officer Of State shall
2e c0nscHpted. l believe, as matter of fact
hat there is but little u5e during these roublous
lines, for many magistrates and cOnstables and
Jerks in the States. But Il is not in our power
% reach the evil It is the province Of each
State to regulate It's own government 1t is in
heir jurisdiction to dispense with them. If
hey do, they then fall within our power to con-
cTipt Bat l will be the last one to tear them
rom the protection Of State sovereignty.
Neither are we so hard pressed, Mr.. President
hat we should be driven to exercise this power.
ven If we possessed it. Oar armies are now
letOTious everywhere They have been SO for
months. 1t is the result of superior generslship
nd the superior fighting qualities Of our armies.
1t Is true, 1t is wise now to commence recruit
lg, for we have hundreds of thousands Of our
eople to spsrs. We can only srm and subsist
certain number, and we can easily raise that
lumber and not encroach upon the offic rs Of
ny of the State governments.