Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1864-04-19
From the Petersburg Erprsss.
GOV. SMITH AND JUSTICES OF THE
PEACE.

Mr.. EDITOR: As / was absent by reason
of sickness, from my seat in the Senate, whef
the resolutions were adopted respecting the ex
emption Of the official corps of the State from
the military service of the Confederate States, /
will not, presume, be deemed departure
from modesty for me to defend the General AS
sembly, as ably set out in argument in their re-
port and most especially stated in the resolu-
tions.
One of the evils OF the hour is erscutsue leg
isEatson. The Executive departments do not
contine themselves to executing the laws, but
they are constantly making laws, either by false
construction Of them, as they were made by the
Legislature, or by disregarding their authority,
out and out. M -
The second resolution of the General Assem-
bly of Virginia at its last session. specirles most
of the State officers whom they proposed, and
claim. shall be exempted. Among them, nnn
der the head, 'sia thejadsciary department. ,are
enumerated ''the justices of the peace, he
Sd resola ion is as follows - .s
8. Resolued, That the Governor be and is
hereby authorized and directed, in mode as he
may deem best, to apprise the proper Oonfeder-
ate authorities that the State of Virginia claims
enumerated officers, and their immunity from
all military service to the Confederate govern.
ment, by virtue of any law thereof, sg
Thus positively did the legislature give aus
thority and impose direction that the Governor
shall let the Confederate authorities know that
Virginia sclaims and requires" the exemption
of her Justices of the peace, from the Confeder-
ate States military service. Yet the Governor
ct saemsl declines to certiu in fsyor Of the ms
tiees who are under As. Now, it is manifest
that the Governor has nothing to do about cer>
tifying in behalf of the justices OF the peace OF
any age. It is only in respect to ssnoh other
oficers"-that is such State officers, or officers
in the State as are not enumerated, whom he
may deem necessary for administering the State
government, that be is directed, ty the 4th res>
olution, to bring to the notice of the Confeder-a
ate authorities and to ''request the exemption.
In one case he is to request exemption, Whilst
in the other he is to apprise the Confederate au-
thorities that Virginia "claims and requires the
exclusive service" of her justices of the peaceot
whatever age they may be whom the people
elected.
Now, then, say,whatever may be the decis-
ion of the courts all that the ust of the peace
who are under 45, have o.do is to go, without
any such certificates whiclFfhe Governor has no
authority in their cases to give, with the resolu-
lions of the General Assembly, to the Enrolling
officer and demand their exemption,in the name
of the sovereignty of the State.
The Governor is herein regarded as executing
the law of this State, and it is the law OF this
State, which it becomes him to execute. The
act of the Congress, approved Feb. II, 1864, de.
clares that the officers whom the act specifies,
shall be exempted, and esuch other officers" al
so, as the Governor of the State may certify to
be necessary for the proper administration OF the
State Government. But 1t is the law of the
State, which it is the duty of the Governor to
execute, and not the act of Congress; and the
law of the State expressly and Internationally
claims and requires 'the exclusive service OF her
justices of the peace" and gives no power or di
rection to the Governor to furnish them with
certificates. Any authentic evidence that they
are justices of the peace, together with Ne res
olutlous of the General Assembly of Virginia,
is all that can be required to assure and enforce
the exemption. If the Confederate enrolling
officer will not mind all that, the ha6eas corpus
is yet alive in such cases, unless inceed we are
already under military despotism. Tue writer
would give every thing for Confederate indie
pendence, except constitutional freedom, and he
would as willingly die for the formor as for the
latter. So ~
r. R. COLLIER,
Senate of VIRGINIA.
April 7th. 1864