Richmond Whig. [volume] (Richmond, Va.) 1862-1865, 1864-04-01


the employment Of the State ~ 49,
4 1t thus appears, that by no military laws Of the
Confederate States by any conscrpon act till the
Las. has the power ever been exercised, or as
serted 10 put the officers Of the State governments
ievisatve executive or judcia-into the military
vice Of the neral government. Not only have they
always been sxonersed but inferior officers OF the gov
erumens and even unofficial persons, engaged in mpor.
tant busnsss Of the Ssss have been We have seem
hitherto exempted By s Confederate lsglslation. It
may be observed that the exemption from military
vice Of all ccers and servants Of both the State and
general governments who could DO thought needfu 10
administer carry the business Of EACH has beeu
always hersoors provided for alike in the laws Of the
Sa.ss and OF Congress; hutas they mutually embraced
az such officers it amounted practically to mutual
n-claim II therefore could not DO considered IS
raising any question Of power and Of course attracted
no attention But the enquiry cannot now be waived.
The present Law actually censor be' INTO 'ne military
service Of ths Con edsra.s Safes by its terms, the
whole Official ecrps Of the different States OF every
grade who NAV fall within the ages specihsd For
Though We might desirs. possible, to consrne the
cotemporaneous exemption Of the State Legislatures
and their officers into recognition OF their right to
exemption by Virtue Of thsr holding their Offices under
their respective governments yet the total and marked
omi,,on of any similar provision for the exoneratcn
OF any Of tie officers Of the judicial departments OF the
State governmental Of any Of the officers OF tie ex-
tive der atmeu except by implication, the gover
nora, with the obligations imposed on tseu to enrol
themselves az conscrpts in the Conedsrate military
service unless the Governor Of the State whom the
act vests by Strange political solecism, with the
power of Cx,mpng from or susectng to- service, I'M.
der the Coniederae government state onces and even
coordinate department. at his dscrelion shall grant
them q certificate Of exemption, leaves no room to
doubt that the like power OF conssbing or RENTING
the legsa ures also at their pleasure, and on their
terms is equally elaued .! Congress IN their late law
scribng al officers Of thu State sovernuens betwees
ths ages of seventeen and fy bu a. the right s ALEC
claimed to prescribe the ages Of conscrSss. q. w the
power really claimed by the Confederate government
may be justly stated TO be to conscroe a It's pleaAse
ali the officers betweea seventeen aad hty, without
ception--legsatiye, executive and judical--of the
state govenment into the military service Of the Con-
federats Sates. :. $50
s'This claim OF power is not changed affected by
the right Of exemption cotemporansously claimed and
exercised by Congress SO FAR from t. tho exemption
Of State L. gsasures and Governors cerfcaes. of
other STATE officers by virtue Of act Of Congress-
involving does the rghs to refuse or repeal such
exemptions leaves wholly unmpaired the claim OF pow
er to conscbe al State officers whatsoever whatsoever
| il may please Congress TO exercise Il
"The power, as claimed. therefore, Is to extngush
at the pleasure of Congress- in time Of war, the Stae
Governments any Of them; close their courts; shut
up their halls Of legislation leave their laws unsxecu-
tedto be followed by the destruction of the Con-
federate Government ITSELF Dependent as We hayese
il 10 be- on the Sac Governments for its own exat
ence That Congress never contemplated, AZ the rs
suit Of lis action Consequences so parricidd and III
deed suic dal hs the extreme character OF EN-
sufficiently ev;nces; but t1ey nevertheless do How a.
the legitimate corollary from them, and We are not al
liberty viewing the question one OF yer, 10 COZ
sder what we supposed to have been intended against
what was actually done.
aThe power as exercised In the law In question: would
actually close many of the courts would mutate the
court Of appeals and strip the State OF large number
of It's most important executive officers, unless the
~ IN MT thoaa
are his nsttnona coordinstes-a certificate, pre-
sesbed to him by tie law referred to. Here, too 1t s
apparent that such consequences were intended
| The power given to the Governor 10 prevent them,
sufficiently shows that But if Congress possesses the
power to give, they may give il 10 whom they please
60 the governors aid to the prssient o. to his private
secretary and it a jrds argument to maintain the
sxe,c of dangerous power, not possessed, that IN
the particular case, t has been harmlesy exercised
aHoweyer commendable the intention, the Governor
of State cannot be properly made the agent OF exc
cutiag law # CongresI Such obligation is alike
with his duties and with the dignity OF the
State HIS n is to maintain the Constitution f the
Sste and Of the Confederate Geyernment aud to see
that the laws Of the State faithfully executed. The
possr conferred by the law in question, is to decide
what officers Of the Safe government are necessary 10
the proper administration Of It's affairs under law that
puts into the army all he shall net thus declare to be
Hs certifying, in execution and by virtue OF that
law some to necessary, would therefore be TO decide
that others are not But his official duty and oath alike
forbid that no should decide that officers of the Safe,
appointed elected to administer the affairs thereof,
under the constitution and laws which he 10 bound ty
his oath to manaia and execute are not necessary 10
that end The Governor OF this State will doubtless
know how to use his official authority, where necessary
TO pro.set the exclusive RICH. oil the Stat 10 the ser
vice Of her public officers, provided for by her cons
tuition and lAwe and exempted by the from
military service to the Confederate Safes without hnd'
| ing il necessary to execute Confederate law"
A amir n. infin ataa
the belief that the act being passed hastily in the last
hours Of the session. cannot DO held to be the delb-
crate conclusion of Congress. but yet Of so grave
character ~ to require not by silence to seem TO be
| acquiesssd in:
| It concludes as follows:
"ln doing this, Virginia fears mieconstructiop.
| She went into the Confederacy as perfect State
complete in all her organizations and appointments.
She vent into it under decisions or doubts as to the
posi- ion she assumed relative to its duties its dan
gers When she ven.into It the ContedeEacy was not
peace but She went into it for the defence Of
i the rights of the Staes as States condemned and
tranpisd upon by the usurping Government at WASH
ington How che has acquitted herself OF her duties
to the common cause she does not feel il necessary TO
urge. II to have poured out the blood OF her children
like water- to have put without stint, her means ard
resources at the service Of the Confederate Govern
ment-if to have contributed promptly, in men and
| money all that has been demanded-nay, more than
the proportion justly remarkable Of her by that Gov.
ernment-and in excess Of those cals, more Of both
than ever before voluntarily laid the altar Of
patriotism by any people-if to have devoted to the
army numbers OF her old men, and Of her boys, even
from the schoos-if her women have known occups-
ton bat to minister the sick and prepare and provide
supplies and comforts for soder.f to have solved
oil doubtful questions in favor Of the Confederate Gov
ernment aadto have given always to the Confederate
authorities and to the Confederate policy frank ami
earnest support and liberal conhdenes-if to be no
less animated than with tbs devotion to
the public cause aud less resolved still to pursue the
same course as bsrstoiore 10 sustaining il II this
and this purpose cannot protect her from mis-
construction when she t6mperately though firmly
checks tbs inadvertence Of it may be q commendable
I'M vet An inderast zeal that forget those very