Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1864-03-28
Kxsmp.ren. ln virrlnln.


Gov. Smith, of Virgins, is determined to dis
egard the provisions Of the new military law,
% far as ths exemption Of the officials Of that
State ara concerned, as viii be seen by the fol-
owing letter which appears in the Richmond
papsrS Of the oath. This avowal Of = deter
minstiOn to nuIlify will, We suppose, call down
upon his head the denuncistions Of the sdvc-
Yates of a consolidated policy, but if the Con-
fsdsrate authorities are wise hey viii yield the
point with as good grace IS possible. Ii they
persist in enforcing the sweeping act OF Con-
press, the Governor will be founda toagh Gus.
toner to deal with:
STATE OF VYRsIS1A, EXECUTIVE DEPT,
Richmond March 18th, 1854
DEAR SIR: In reply to your telegram for my
principles of exemption, I respectfully state
that I mean to certify as exempt all persons
necessary 20 the preservation aud operation OF
the State government. This of course, includes
al her institutions such as cities, towns, collie
ees, banks, ssylums, etc, holding that bodies
1Olitic have an inherent right to designate,
without question, ell persons they may think
needful and requisite for the purpose. " ME,
however, Hay down this broad proposition, l
acknowledge my anxiety, as well a. my duty
TO De 10 Bellu oil p6IbuuD ALAS lAo oAHAJ 49, -
dispeusable 70 S ale puTposes
Exemption from military service should st
taeh TO no rerson who is not in the performance
of civil duties An officer, even though named
| in The Constitution and In the laws, WI hOut
any dutv 70 perform in consequence OF the pro
seHee of he enemy in his county, should be re-
ouired TO ioin3n the public defencs. In this
| t,ers is no inconsistent nor incompatible duty.
| L. cannot be eAid that in any sense hsis nesdful
/ 70 the state government when be cannot perform
/ the duties Tor which he WAS elected or appoint
ed. For instance, take the case Of BhsTitfs
/ clerks of courts, or justices Of thspeAce Theil
duties are luesl, and to be performed in theli
several counties, and l. 6enld be incompatible
with the discharge Of these duties for these
/ officers to bss placed in the Asmy--As in suct
4 event the civil duties required of them woulC
have TO be abandoned. In such csses, the dutie.
being so incompatible with military service
/ such officers sre entitled TO exemption. Bu
where such officers are prevented from the DIS
charge of the duties of their respective cficei
! by reasons Of the occupancy Of their country b.
the public enemy, the reEsGn for their exemption
l7csases, can thero be any rezgOn why thsy shoalt
not 90 in the army as soldiers There is NJ
incompAtibility OF dDty-nO stOppsge of tht
state government. L may he said that thei
couniies may be recovered from the enemy
This is tTue--ard when the event OccuTs, guci
officers will have an undoubted right &c Do res
tored to their Offices and discharged from ID,
army.
In reference to tho banks, 1 have concluded t.
exempt the president, cashiers and toIlers of al
such in which the State is q stockholder, as ne
essssry TO the protection Of her interests therein
but do not exsmst their clerks, as they ar
mere ministerial officers, whose places may bt
supplied from those outside of the conBcript age
r., shs 1a I'll
case OF the State banks in this city, who are tht
fiscal agents of the State without charge, anC
who arc by law the receivers, custodians anC
disburseTs of the revenue and other public
funds. These banks are allowed to retain theil
whole corps of ofiesrs and clerks, as necessary
as well TO ihe interests of the State as to the ex.
ecution of the laws touching the public fisc
But | have wholly refused exemptions to the
employees of the independent banks, (thoss in
which the State is not 3 stoekholder officers as
well ss clerks. Thess banks are founded upon
associated surplus capital, and are operated en-
tirely for the advantage Of private interests OF
the stockholdsrs, and they have no more night
to exemption from the military service due to
the country, for their ovoTseaIs and managers,
than other individual owners Of real and per-
sonsl estate. Indeed, capital, thus associated,
is less entitled to favor than when invested in
land snd negroes, embracing generally the
whole of ones private fortune, and operated al
most exclusively in raising bread and meat, yet
1 cannot pretend to give these exemptions.
The two great principles which guide my ac-
ton ars FIRST to exempt all persons WhO sre real
ly necessary to the preservation Of the State
government in all its parts and Institutions
but secondly, 30 exempt nobody who is not
practically necessary thereto. Officers vino are
refugees from their counties, having no civil du-
ties to perform, are left 70 the regnisition Of
military authority. Commissioners OF the reVe-
nue. having nothing to do-the Legislature hav-
ing forborne to lay any taxes for the present
year, are for the time being subject to military
duty.
I am now considering the pTopristy of with
holding my certificate from all Justices of the
peace under forty five years of age. Oar con.
sIituton provides that there shall be four JUS
tices to each msgisterisl district That number
is certainly not necessary TO tie administration
of Justice and the onforcsment of ihe laws with
in their district and county, and have almost
concluded, as have said, to withhold my GER
tiGcGse as stated, and leave it to the CoRfeds-
rate Government to exempt or not.
have thus very hastily stated my purposes
and principles of action, and in return would
gladly receive your views on the subject.
Respectfully, yours,
Wa SMITH.