Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1863-02-20

Mr.. BRows, of Mississippi, offered tho fol-
lowing amendment to tho section e2emPams
the civil officers of the Confederate anu o.a'o
Governments. "Ard it is expressly ie!uneu.
of the heads of departments, the AoJus.ns
and Inspector General, the Quarter ina9 %'
and Oonmissary General, tho heaaa oi a. nu
reauy and all others having CLOTHS VI o:Ho.
neraons emuloyed in subordinate POSITIONS
Tho ara liable to military duty, to cause such
nersons To be enrolled at once al conscripts'
paud them proceed as rapidly as possible to
have 'tbom filled by competent persons. who
are not liable to military duty"
Mr.. BRowE went into an argument TO sno"
that the clerks in the departments could DC
conscripted. ue asked the chairman OF inc
committee reporting the bill, how no could
conscrint some two thousand postmasters,
who were certainly as much protected by the
Constitution from CONSUMPTION as tho clerks
in tho departments? lie did not propose to
d;,G'iss all tho clerks ct once, but merely to
b.v, them enrolled; and, as fast as was con-
sistont with the public interest, have their
places filled by competent men above Inc
coascript age. His proposition would throw OF
le,et from thirty to fifty thousand able-bodieu
mon into the ranks, and supply their places
Inv co,npetont men above the consclIpt ago
from ali parls of tho Oonfoderacy, who Wero
annlvine for positions If tho country knew
,bc cxtont of the abuses in.tho employment
If these Young and ablc-bodied mon in the
civil dopartments, there would come up TO
U,ngresa demand which tho Senate GOULD
not resist.
MFR. SPARROW said among other objections
to tho proposition was this, that the moment
a clerk was enrolled he became liable to mill
tary duty, and thus the offices might DO ex
| hausted Of all their employees. lilo believed
thero were large number Of clerks IN tho
| Ouartermsster's Department who ought to
ba under arms, but they were comparatively
\ small number. lie hold that a clerk in one
| of the Douartments, holding his commission
in accordance with provisions Of the Consti-
tntion. had A tenure of office just "a good as
thot of a momber of Congress. Did the
Senator from Mississippi (Mr. Baown) think
members of Congress could be conscripted
Mr.. BnowN On his seat).-Yesi they ought
to be conscriFtod.
Mr.. SPARROW said the whole State and Con
federate Governments could then be over
turped at the will Of an enrolling officer
The language and spirit OF the CONSTITUTION
Dreyentod any such legislation as that pro-
posed by tho gentleman from Mississippi (Mr'
BRowN).
Mr.. SEMMrs, Of Louisiana, said the irst
question presented was whether congress
he'd tho power to conscript any officer OF tic
Confederate Government, for those officers
nroooscd 10 be conscripted held their Offices
J nnder the same clause of tho Constitution
relating to othor civil officers. This clause
proyilcd that the appointing power, on dig
nlsciup one of theso officers, must assign
therefor Lis ressona to the Senate. These
officers could net be removed by other than
the Amounting power, which YES the Presi,
leut, Tho only mode of reaching the evl
suggested by tho Senator from Mississippi
(Mr. BeowN) was to repeal the existing la"
authorizing these appointments, and to re-en
act one excluding from these Offices all NOR
under certain ego.
Mr. CIt.py. of Mo-, asked on what c0nsti
tutional ground postmastern were COD
scripted.
MIR. SsMMEs replied that the samo principle
applied to the Confederate officers that hppllee
to State oilicerA in the fixing OF restriction:
for The protection of government, State ant
Confederate. II these rostmastcrs were Oil
COTS of the government end not merely en-
ployeee, thoy could not be conscribed.
Mr.. Hill said there were a great many
little official poaitiona bought up and held
by conacrptS for tho purpose OF avoiding con
scripton. IL tl,cJc men were really ohicers
and not employers, there was no nocossit}
for enumeraLins them; lot thou stand on then
constitutional rights if they have any.
Mr.. OLDHAM suggested that tho Military
Committee could very profitably en!ago III
attention, if it vas 10 necessary 10 I'LL the
|. ranks Of our armies now before tho enemy
TO the little commands ecattered oil over The
country. Why, you could not pass through
any little village, hundreds Of miles away
from the enemy, without meeting with com
pany or two engaged in no apparent usstu
service, anu who ought to be sent to swell
our armies in front of the enemy.
| Mr.. SPARRow, Chairman Of tho Committee
on Military Affairs, said the Committee would
be very thankful for any information on Tho
subject alluded to. by tho Senator from
Texas.
Mr.. OLDHAM said no had the information II
hin possession, and would tako occasion te
give tho Committee tho benefit of it at soms
othor time.
| Mr.. CLARK, of Mo-, regarded the Olerkt
employed by tho Heads of Department in the
same light as the employees tho Postmaster
General, and that they werc as fully under
tho control of tho one as of the other. IL these
men are officers in the Depar tments, the ON
ployees in tho service of Slate arc likewiAe
officers, and exempt from consumption. Garry
this practice out to tho consequences to " hch
it leads and there would be no limit to the
exemptions that would DO made in both
Confederate and in State Departments.
Mr.. SHMMEB said there was some difficulty
in determining who was Oil employed and
who was an officer, but you cannot determine
any particular case without going to the
legislation appointing the officer. rhe con-
clusion, from an examination of tho law ap-
pointing government officers, could not be es-
caped, that whether the officer was appoint
cd by the President by md with tho conacnt
of the Senate, or by tho President alone, OF
by the heads. ofdepartments, they were oflicerH
within tho constitutional meaning OF tho term,
and if discharged from Office, tho fact and rea-
con therefor must be reported to tho Senate, III
accordance with wise provision Of the law,
mado in order to check abuse Of power.
Mr.. BARNwELL, Of South Carolina, endorsed
some Of tho views taken by tho Senator from
louisiana, (Mr. SEMMEs.) lie proceeded t,
show that tho law was enacted for tho pur-
pose of avoiding tho cnrmous evil which had
grown up in tho old government, connected
with tho appointing power Of the President,
and outof which grow lust for political power
which had rapidly absorbed all tho political
energies of tho United States. These clerks
in tho departments came under the opera
tons of tho law that prevented any interior
ence with tho appointed officers of tho gov
ernmont except on account of tho causes
enumerated in tho Constitution. lilo did not
agree, however, with the Senator Last up,