Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1864-06-10
Remarks OF Hon. Nathaniel Boyden'
"a +

COJI6CTtpGtONt
I hold, Mr.. Speaker, that the assumptions Oh
power contained in the acts of conscriptlon, ana e
pecially in the last act wholly inconsistent WIN
our form of government; and if upheld by the leg
islationand judiciary Of the State revolution Id
our system Of government has already been accom-
plished, which converts our association OF nee anu
sovereign States into aconsodated military oespo-
tlsm more powerful than any that has existed IN
Christendom in the last five hundred years.
Why Mr. Speaker it assumes the right 70 con-
scribe and place in the regular army OF the
rate States every man in the State OF the proper
age for bearing arms, no matter what state ONCE
he NAV hod--no matter how essential his once or
employment may be to the very existence OF the
State and to send him to distant lands to hght lor
conquest and dominion without the consent OF the
State authorities 1t assumes the right TO every
State officer high and low, and the whole militia
to the last man, and that ne man can be exempt by
State authority from this cruel and unrelenng con-
scripton, his only exemption being by the mere
grace and favor of the Confederate government,
Are such assumptions of power consistent WIN our
system Of government Surely not, Mr.. Speaker.
It is true this last act of CONSUMPTION has notac-
tually placed in the regular army every State ON
GER 1t has kindly condescended by implication 10
exempt our Governor, and has by express words
exempted the members of the Legislature and its
officers 1t has also exempted prea cheers, doctors
Others i thsg re Gss O newsPigsEESs ana lew
cludiag your whole judiciary, it has placed, or pre-
tended to place in the regular army of the Confede
rate States and there they must remain, subject to
military law even before enrolment, and before
they have been actually mustered into service IL
will be recOllected that every exemption which Is
made in the act is Of puTerace and favor on the part
of the Confederate government and not as matter
OF right in the States. Can any man maintain such
positions and not at once that instead oil Con-
federacy of free and sovereign States we have es-
tabliShed most powerful consolidated military
despotism, the most cruel, oppressive, and unre-
lcntng that has existed in Christendom for centn-
ries past 1t is true the judiciary, and other impOr
tant and necessary State officers for the proper ad
minstration of the State governments, may be ex-
empted if the Governor will certify that they are
necessary for carrying on the State governments;
but let us suppose that difficulty has arisen be-
tween the governor and Judiciary Of the State in
relation to his powers the Executive and he re-
fuses to certify ia their necessity oG the proper
administration Of the State government, what then
becomes of the judiciary, and what of the admins
tration of the civil law Does 1t not cease to
exist ?aud is there not al end to all State author
ty and all State government? No man can deny lL
To such assumptions of power by the Confederate
government for one, do not consent but feel bound
To enter my solemn protest against them, as utter
ly subVersive of all State authority and AL State
rights hold, Mr.. Speaker, that as State we are
not at all dependent upon the grace and favor Of
the CoufedeIats government for the exemption OF
necessary State officers for any other exemption
of persons which in the judgement of the Legsla-
ture may be necessary for the healthy and effective
operation Of the State government, but that it ia
not only our right but our imperative duty to ex
empt from CONSUMPTION all the constitutional Off
OF the several State departments including the
legislative, executive and judicial but likewise all
such other persons and employments as are neces-
sary to the healthy and effective operation of the
State government and for one, am for exercising
this authority, by passing bill exempting all off,
GERS of the several ordinate branches of the State
government But | am not for stopping here:
would proceed further and make liberal exemptions
| Of all such other officers and persons as in my
judgment the State might require to secure eff
tectve administration of tho State government;
and until the present crop is made and secured,
| would exempt every man zealously and laboriously
engaged on the farm raising supplies for the army
and for the the people at home and would exempt
also oil those persons employed in those mechanical
trades that Indispensable to farming operations
| and if more men needed and must be had /
would take every able bodied man engaged in enrol
ling conscrpts in our State and every able.bodied
man in the commissary and quarteruaster's depart
ments, and all the other departments and all those
! able.bodied men who have sought soft and shady
places to keep out of the service, and who not
! producing, but consuming what is made; and es-
pecially would send forward to the army the hosts
of able bodied, redmouthed original secessionists
who made such extravagant promises and boosted
as to what they would do if war should follow Sc
cession, and who now seeking out every sort of
shady place to screen themselves from servce.-
These men, sir, would send forward to the army;
| but not another man, sir not another man should
be taken from thefarm until the present crop was
made and saved; nor should the seed corn be ia
ken, the boys between IT and Is, nor the old men
between 45 and SO years of age. If they are Ia
! ken, many field of grain must go unreaped-
many field planted in corn must be abandoned,
and starvation overtake many 4 family. This is
inevitable. And verify believe that if the Pres
ident and the authorities at Richmond knew our
real condition as we know it they would not take
another producer from the farm until the present
crop is made and secured. These are my DELHI
crate convictions, and have felt it my solemn
duty to so declare in the Senate o..
| This is with no view of weakening or dscouraging
our brave soldiers or their commanders, thwarting
or distracng those in the councils of the nation.
Far from it Mr.. Speaker. But for the reason that
in my honest Judgment the course recommend is
necessary to our success in the death-struggle in
| which are involved That the CONSUMPTION acts,
in the assumptions Of power have stated, are un-
constitutional, it seems to me no man in full posses
| sion Of his reasoning faculties. can deny 1t has
been said in debate that the Courts of several States
have already decided that they are constitutional.
| Not State Court so far as know, has made any
such decision, and / trust they never will. No
such decision has been made in North. Carolina and
| trust never will be. IF such decision should be
made, here or elsewhere, those who make it will
have to mourn it after this war is over, as the
most unfortunate act of their lives, as all men will
then hold these acts of CONSUMPTION in the partic
| ulars have mentioned, unconstitutional, and will
| think that those who made such decisions had been
struck by Judicial blindness caused By the passions
this terrible war has excited, or will attribute to
them some less charitable motive. -..t o..
| These, Sir, are my sentiments. / am willing
they should be proclaimed in the streets and on the
| House tops In these views know l am as liable
4 to as any man. But Eyoulderecommend that
the Legislature should pass law giving the assent
of the State to the several acts of CONSUMPTION so
far as persons between the ages Of Is and As are
l. concarned reservinO In the State the right To de-