Richmond Whig. [volume] (Richmond, Va.) 1862-1865, 1863-07-11
THE COGSTITU ITO N-STAfE AlSh %
GBt 8itsnonA ddglg.
SATURDAY noRMNc, JULY II, lsss.
Foreion Protection.


oi,v AZ 70 the obligations and mmunities Of these par
ties
This call as We understand was made by the State
,u,bo-,es and not BY the Coafederate; and 10 view Of
the novelty Of the proceeding, it becomes matter OF
interest 10 inquire how far the call was justina0.e-
That Il was iu6abe upon moral gro nds We freely ad
init for the secession Of property tie acquisition Of
.py lesser benefit within tie city Sate implies, &C
cord 70 III. highest NOR considerations, the Obg
op 10 defend it. Our object now however is TO discuss
,h LEGAL and constitutional right Of State in the prem
ises
State is inhibited BY constitutional provision from
.7v interference in cur foreign relations She cannot
.Ls treaties wage war or do any other act relating to
foreign diplomacy To do so, would be to violate tie
constitutional compact BY infringing upon the power
which she conceded to the Confederate Government
In her disregard of this foreign protection she las IN
rnged this power, and that in point which might In
volye the Confedeaey in foreign war The Eesunp-
lion that France, or England or Austria, or Prussia
would step in and yindieate BY resort to arms the n'
munity of their subject from military service gualA'
iced through their agents here, Is BY no means lar
fetched Nor would the peculiar relations oil the Sa.e
n the Confederate Government afford any plea Of eI-
emption from responsibility. Any peculiarly IN our
governmental system would be considered by foreign
Powers in determining questions Of international rights
and immuni.ies The mere fact of the offence being
given within the jurisdiction Of the government whose
sphere Of POWER and duty eomprehendS the question CT
international Diplomacy would cause them to hold that
government responsible Thus, then, you'll We have
war entaled upon by the act Of State whose SOW
ereignty could offer no plea of justification for the as
Tresson, that being in the eyes of foreign Powers
mere local AID abstract question With which thOy have
nothing to TO-
The whole difficulty in this matter arises from tie
failure Of the Confederate Government vindieate their
sovereignty by Withdrawal Of their eIequAturs from
the foreign consus within its Jurisdiction It's right 20
disregard these foreign projections is just question
able as that OF tie State The fact Of the withdrawal
of the exsouatur Of Ne. Moore, the late British Consul
70 this port implies full recognition Of the Official acts
Of the different other consuls in the COnieserAcy and
TO hold them flac,i o5ieio in respect TO one part t
their Official duty that OF granting certificates of exeml-
ton from military service to foreigners-and recognize
their oeiL acts in sl other particulars, would Be an
sbsurisy. Il must recognize all their official acts or
none.
Our condition Is truly an anonalouI one We have
At every port in the Coaiedersoy Consuls from forrsi
Dovers. exercising without limit restraint the iunc-
tons Of their cice while receive no corresponding
benefit And gbat is worse, Their very presence IS a
source Of danger to u.s. for may be that some local
necessities, as in the Of the defence Of this city
few DAYS ago may force 10 disregard some act o.
theirs, 10 the imminent risk OfnvOving in difficulties
with their government An evil Of little less magnituds
resulting from the cause, is that which We bad eH
empihed 10 the violtion by the Safe Of plain eonst
tutonal provision. As between the evils OF such pre-
eedent and fJregn war there is scarcely any choice.
Indeed when we rchec: that The former act involves not
only the d,rgers aud Disadvantages Of precedent cal
ellasd to impair The sanctiGy Of Confederate
pact but the risk Of foreign complications know not
where the choice lies.
If there exists any exemption from responsibility to
foreign powers for disregard Of protection certificates
i. Is with our local municipal governments We hold
10 be the right OF the Mayor OF the city to bring into
reouiston for its deeoee every Available element with
10 bis jurisdiction Pie city Of Richmond is indepen
dent Of the Safe 10 the extent Of is chartered priv
lsges; and as to the COnederaey it holds official
luton to in any way aud is therefore entirely nie-
pendent of it. Their powers are in fact derived from
the same source and there is responsibility from the
one to the other. If the city violates the Of its
charter il responsible to the STATE; and if claims
the services Of foreign residents for its defence
are Of opinion has right DO it infrngss upon no
chartered rights nor privileges; for the State herself
restrained By constitutional -hibon from any inter
ference in foreign as and could not therefore, grant
privilege which she did not enjoy, punish of
fence which, by consequences, coad not be committed
against her. The city, have remarked, derived
NJ power from the COnfederacy, and Of course has
responsibility 70 II that at last have to fall back
UPON the presumption that the city is justified in the
employment Of all available for its defence. We
have correatve vindicaton Of the correctness Of this
opinion in decision rendered BY that able and s,in.
guished old lawyer Mr.. Mayo, Mayor Of the city few
days ago on question which arose as TO the power Of
the Confederate Government within the city he main
tanned that no officer Of that Government could exercise
police duties within bis jurisdiction and the legal acu
msn Of the Confederate States Attorney General WA
exercised in vain to eongue his arguments in support ef
frat position. The decision proves inialibly he com
p,e Independence Of the city of the Confederate Gov
eminent and, by plain eOrOllAry, is right to employ
every element in it for proper defence.
The question, t must be admitted, presents rather
an anomalous aspect. Il would seem paradOxical |
that city could do what the whence it derives
is power could not d. and WhA the Confederate CIV
eminent strangely Omits to do. The State having no
power 10 deal With foreign affairs could not delegate
such power the city, restrain il in its exercises
aud the Confederate Government never having dele
gated any power TO il; bui deriving itself all the power
s possesses from the with il cannot neees
a.ry exercise any control il Had the privileges
Vivsn to the city direct from the medium Of iner
course with foreign governments in the of No
usrchica governments the quesdOO would be different;
hut here is an intermediate POEer-the Stats-Oceupy
iuR the relations Of creator to both, yet incompetent
restrain the city authorizes from the exercise Of
tain privilege because o. the absence of all power il
herself to exercise it. True she conceded the pOWe