The daily register. [volume] (Wheeling, W. Va.) 1863-1864, 1864-12-14

thereof, are to be exempted because they
ass state officers; If Justices OF the Peace,
NO, bysthsb by, were never exempted IN
til Tie lst of October, 1863. having finn
the revolution to that period been reqqired
e bsrfotm military duty if all Sherihs and
cIsits md their deputies, all commisSpn
en- of he fs1snue, all surveyors and CON.
mo1weslth attorneys, all constables Apd
oyerssers Of the poor, ell country agents tor
supplying soldiers families, oil salt agents,
commercial agents, &c, al spployees Of
J,banks, cities, towns, &c, Ara olbe. exempt
| ipdiscriminately and without reference to
fthef necessity, then, indeed, IN the Ian
cusge of the decision 30 frequently quoted,
| the spectacle might be presented OF ns-
ton subiuested and > destroyed at time
when it had within it's limits citizens am
plY sufficient to defend it againstall the. 40.
saults ofthe enemy, but'whose services
could not be commanded because, forsooth,
Government had contracted with them
4 IT, at they should not be required TO serve
in the army.
So far in this State the number Of ex-
empts i, comparatively small, bat in other
States we are told it is widely different
All this time the powerful army of the en-
euy is sweeping over the State of Georgia,
in Which, under ths doctrine contended for,
there 10 now an army Of exempts, because
officers and employees of State Govern
ments. = ST. 90 -.
After a long argument to prove that the
Legislature and Executive, and not the
judicial powers have the right to declare
who shall be exempts, Governor Smith
saws: 81 have uniformly acted upon the
principle that the State Government had
the inherent right of self-preservation,
which involved the right to all officers and
employees Of every description necessary
thereto. I have never hesirated to claim
ali such persons, and to assert the right to
Judge for myself as to the necessity OF such
persons Is against the Confederate Gov.
eminent.
understand the principles to have bssn
LARGELY conceded by the act Of Congress Of
the 18th of February, 1854. This act did
not undertake to grant power to the Gov
ernors of States who could not accept the
power from such source, even had such
been the design of the act, But Irepeat /
do not understand it to have had any such
purpose in view. The certificate spoken of
| in the act was merely designed to obtain in
formation of the Governors of Siates Of per-
sons claimed by the States a. their officers
and employees, and such certificates are
very properly conceded by that act to be
conclusive upon Confederate authorities
Recognizing in the Confederate Govern
ment the light to the whole military pow
or of the States, except to the extent of
such persons as are necessary to the pre-.
seryation of State Government, and execu>
ton of her laws, I have uniformly confned
nv certificates of exemption or claim to
T such persons IS regarded necessary there
for. I'm case ofjustices of tho peace did
not and do not believe that the, number
authorized BY law was, necessary to the OK :
ecution of the duties imposed upon them.
know perfectly we'll that three inste I'd Of
four are amply sufficient for all purposes Of
State, and aimed, as q general rufe, to
confine myself to thatnumber. recog.
nizsd the right Of all. however, to be COM
missioned, and desming such to be my
constitutional duty commissioned those
who hsd been duly elected by the people.
In reference to Justices of the Peace, he
says: II respectfully suggest for your con.
J siderstion the passage of . law Nhich will
diminish the number OF these officers and
restrict their selection to persons of age
usually beyond tue period of military SER
vice. I propose the passage of . Law di>
minishing the number Of districts in the
several counties, and combining the election
of magistrates to persons over forty-6ve
years of sge.." ...g hos, ,...s.tss
Governor Smith appears to be arguing
throughout his message for a wholesome
CONSUMPTION. Those men whom the legis.
lature may exempt from the Confederate
service, Smith urges, should be put into
,he State service, and that Nrginis should
have as large q force of Reserves" as
Georgia. For this purpose, he says, 81
respectfully urge in this dark hour Of our
fortunes that the entire ma population Of
our State may be embodied for the purpose
of cooperating in our great struggle"
After TRADE Of abuse on those Virgin.
} ians who have gone North to escape the
privstiops Of war and liye in the Yankee
lines, he says, Il earnestly recommend the
passage Of law authorizing the issue of q
> proclamation, warning all citizens Of Vir-
ginia now in foreign parts, to return with
out delay to the State; failing in which,
besides personal penalties, their property
of every description should DO conhsosted,
and their families sent into the enemy's
, lines.p
j He commences to agitate by the follow,
} ing paragraph, which introduces "Sambo:''
"Our free negroes are very disorderly;
many of them. doubtless, disloyal. In the
towns, and especially in Richmond, they
: are guilty Of many outrages upon persons
and property, full proof Of which it is didi,
cult to obtain. They are fosnd 90 .operat-
ing with the enemy, and occasionally in-
dulging in the utterance of IRRESPONSIBLE
sentiments and threats against our fellow.
citizens. The laws are inadequate to their
proper management, and will, I hope, be