The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1864-03-23
Rittmunh gispatth.
EXEMPTIONS EY-STATE EAUTH0RfTf-IM-
PORTANT LETTER FROM GOV. SMITH.


EXEMPTIONS EY'sTATE AUTHoRfTY-lM-
PoRTANT LETTER FROM GOV. SMITH.
The following extract from letter OF tho
Governor Of Virginia to q high official Will
bs read with interest. as 1t affects important
questions involving the sovereignty and du-
ties Of the States, and In which there are
many classes in tho Commonwealth practi-
.lly interested
STATE OF VIRGINIA, ExscuFIvR Dsp'r, .
Richmond. March II, 1864.
In reply tn your telegram for my
principles Of exemption respectfully state tha, /
n can certify exempt all persons necessary To
The preservation and operation ~ the State Gov
eminent. This, OF course, includes oil her insti
tI.tiYis such cities towns, college,, banks
luss, &c, holding that bodies polite have an In.
heren right of sefpreseIvation, and that the State
authorities have right 10 designate, suiihoa Ques-
ten. all persons they may think needful and reQui
site for the purpose. While however, lay down
this broad propositions, acknowledge my anxiety
we'll ag my duty to- be TO send all persons into
the army rot iadiSpensabe to State purposes.
Exemption from military service should a;tach
10 person who ia 'scf fa the performance Of ivii
aIies. an officer, even th0aah named in the Con.
siiution ard III The lava, witkoni any duty to spes-
form in consequence OF the presence Of the enea,y
in his county, should be rcqnired 10 join iif the
public defence. In this there Is no Inconsistent
nor Incompatible duty. !, cannot be said that in
aay sense he is needn tn the State Government
when he cannot perform the duies for whicl
he was elected or appointed For instance,
take the case of Sher!ffs, Clerks Of COurs
or justices of The Peace. Their duties are To-
ca!, and are To be performed In their seve-
raj countless and II would be incompatible
vit the discharae of,hese duties for these officers
70 be placed In the ormyas In such even. the
civil duties required of them would have 10 be
abandoned. In snch eases, the duties beng so in
compatible with military service, such officers are
n q ire
prevented from :hc discharge OF the duties Of their
rCspect.vs offices by reason of the occupancy of
toir county By the public enemy, The reason for
their exemption ceases, can there bf any reason
Why they should not go into the army ae soldiers
There is 70 inc0mpatibiliiy of dHIy-nn stopp1ec
OF tie State government. 1t may he said that their
counties may he recovered from The enemy; tits
Is t!ae and when the event occurs, such Orucers
will have undOubted right TO be restored to their
Offices and discharged from the army.
In references 10 the Banks have concudr: to
exempt Tie Presidents, Cashiers and 1eilers OF all
such, In which The State is sioska0ler, as ne
crssafy 10 the protection of her interests tereIn
bat do not Exempt their clerks, they are mere
ministerial officers whose places may pc supplied
from those outside ot tile cohscTtpt aga. TO this
there IL, however, an exception IN the ease of the
state Banks in this city, who are the fiscal agents
OF Tie state, without eharsc. aud who are by law
the receivers, rustodians and dsburser- Of the re
venue and ether public funds. These Banks are
allowed to retain their whole c0ips of officers and
clerks as necessary as well TO the interests OF the
state a. 10 the execution of The laws touching the
public 1se. But have wholly refused exemptions
"a the employees OF the independent Ranks Those
in which the State ia not Observation-Disclosures as
we'll ss clerks. These Banks nre fouLded upon as
sociated surplus capital and are operated entirely
Tor the advantage OF private interests of the soc
holders, and they have 10 more right tn exemptior
om the military service due To the country 70,
their 0gcrseers and managers than O,ler individual
owners of real and personal estate. Iud-ed cap,
li thus associated, Is less entitled TO favor thar
when invested in land and negroes, embracing
generally the whole OF ones private fortune spf
operated almost exclusively in raising bread ana
meat, yet cannot pretend TO give these eIemp-
tnns.
l. ihe twn great principles which guide my ae
t0n are-nrst 10 exeMp5 all persons who really
necessary TO the preservation OF the State Govern
mentin all her parts and insiitu,ioRs hn;, second
~, to exempt nobody who Is prao tjcaily neces
>ory thereto. fticers vino are refugees from Ihe;
counties, having civ:i duties 10 perform, are l-f
- the acquisitions OF military authority Commis
si0ncrs III the revenne having nothing to do - th
Legislature having iorbOrnc to lay any taxes ia
tie ptasfnt year for the Iime being subject t
| military duty.
| a.u now considering the propriety of with
| holding H!y Certificate Ifom all Justices Of IN
| Peace under forty five years of aye. Our Cous
tulion provides that there shall be four Justices
each rIsgstera district. That number il certainl
/ NOT easlry to the administration uf justice an
| the enforcement of the laws within their distnc
and COunty, and have almost concluded, - hav
said, 10 withhold my certificate, stated an
cave II 10 The Confederate Goyernmen, to cZemp
or n0I.
1 have thus very hastily stated my purpose
and principles Of action, and in return oud gl1i
receive your views on the subject.
Respectfully yours,
[Signed,l WILLIAM SMITs.