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It#' ^mtfttmnt ill wfitftiHi^^tM
gv John H. Christy.
Sn fnbqjmknt
>■«*«■ »*w^»-».
--?t-
to fttfes, politics, Sfrioittntt, (Enntnt litafart, &t.
Two Dollars, in advance
VOLUME IX.
ATHENS, NOVEMBER 26, 1862.
NUMBER 35.
the southern watchman.
ONLY TWO DOLLARS A-YEAR,
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published (ill forbid, at One Dollar pe: square of 9 lines
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/.•'Announcements of candidates $5, in advance.
?-#“Obitunry notices exceeding id* lines in length
,i!i ••• barged as advertisements.
justness aifo ^roftssioHal CarVs.
V mTwYNG & CO.j Dealers in
^V* HARDWARE, CROCKERY, CHINA AND
Gl.At'i'. Inroad Streot, Athens, da. tf
a J HENS STEAM CO.MPAN Y.-
It. NICKERSON, Agent and Superintendent.—
Manufacturers of Circular Saw Mills, Steam En-
‘ j u ,., ( Forcing and Lilting l'UMPh, SHAFTING and
MtcHiNKitvs Mill., <Jr» and all other kinds of <■ EAR-
p , ; j and Brass Castings, of every description.
SMITHING, Repairing and Finishing promptly exe
cute.!. Select patterns of Iron Fencing. Terms, cash.
\v,& II. R. J. LONG, Wholesale
1 iiinl Retail DRUGGISTS, Athens, Ga.
L. MoCLESKEY, M.D., having
• permanently located in Athens, will continue
practice of Modvl-ine and Surgery. Residence, that
:cupied by Mr. Chase—Office, at home, where
r be found. tf
A. LOW RANGE, Surgeon Den-
TIST. Athens, G u Offiee on CollegeAvenue,
the Jewelry store of Messrs. Talmadge A Winn.
H GILLELAND, Dentist, Wat-
• kinsville, Ga,, respectfully solicits tl.e patron
ise cf the surrounding country. Full satisfaction will
1.0 given in his profession. tf
T M. KENNEY, (next door to the
Ae Bauk of Athens.) constantly keeps on hand STA
PLE and FANCY DRY GOODS, aud Choice Family
Groceries, cheap for cash, or to prompt customers.
M. MATTHEWS, Attorney at
LAW, Danielsville, fla. May 1.
OHN H. CHRISTY, Plain and
F: n.-y BOOK AND JOB PRINTER, Bread St.,
Ath<*ns Ga. Office cornev Broad and XVall streets, over
the store of Sithgom A Pittard. Tf
| F. O’KELLEY, Photograph and
< * . AM LROTYPE ARTIST. Rooms on Broad and
!-"rin» st-eets, o' er the store of John R. Matthews,
a‘, MarR-tf
c.
(j
tie pi
recent 1.
be uinv
II
J.
J
f i; '
O • i
DAVIS, Land Broker, Collec-
TOK and GENERAL AGENT, Augusta, Ga.—
li;;dni<s attended to in any county of the State. Office
corner of Jackson and Ellis streets.
J P. MASON & GO., Bookbinders.
17 • Paper Ruler* and Blank Book Manufacturers,
Whitehall street, Atlanta, Ga. J. H. Csristy, Agent,
AthcuN tia. __ july22-ly
P ATMAN & SUMMEY, Dealers in
HARDWARE and CUTLERY, earner of Broad
and Wall streets. Athens, Ga. tf
Jrails.
PITNER. ENGLAND & FREE-
1 M AN, Wholesale and Retail Dealers in GROCE-
R1ES, DRY GOODS, HARDWARE, SHOES t BOOTS,
Broad Street, Athens, Ga. *f
P BARRY, Fashionable Boot and
• SHOE-MAKER. Broad street, Athens, Ga., is
always in rcadincs.* to fill orders in his line.
A\rM. G. DELONY, Attorney at
T T LAW, Athens, Ga., will attend promptly to all
business entrusted to his care. Office on Broad street,
over I. M. Kenney’s store. ff
W ~~u. PHILIPS, Attorney at Law,
Marietta, Ga., will practice in all the counties
or the Bice Ridge Circuit, iu the county of Fulton, of the
Coweta Circuit, in the Supreme Court, and in the U. S.
District Court at Marietta. tf
\V1I1TE & R1TCH, Wholesale &
1 V < Retail CLOTHiEKS and MERCHANT TAI-
IJiRS, Broad street, Athens, Ga.
WM N. WHITE, Bookseller and
T T STATIONER, and Newspaper and Magazine
Agent—Dealer in Mnsic A Musical Instrument-.. Lamps,
Fine Cutlery, Fancy Goods, Ac., corner Broad Street and
College Avenue. Orders promptly filled at Augusta rates.
GLOBE HOTEL,
Augusta, Ga.
AUSTIN Ml'LLARKY, PROPRIETOR.
ATOTIOE.—Passengers holding Through Tickets, will
i\ h© carried to and from this Hotel Dee of Omnibus
r.,r„. Fell. 27.—ly
REMOVAL.
T H E subscriber lias removed his Boot and Shoe Es
tablishment to his former stand on the east side of
Jackson street, where ho will bo ploased to wait on his
ftiends and the public.
CHARLES HUGIIES.
BLACKSMITHING.
REMOVAL.
T ill subscriber lias removed bis shop to the stand
b.riucrly occupied by J. B. Bnrpec, corner of Jack-
*°a »od Clayton streets—where beta ready to have
•rvrytbiag in the Bluckemitbingline promptly executed.
Jaala. J. M. ROYAL.
A ABBLS. New Orleans Syrup ;
T'D «#5 half obis. “
- er Halo cheap for cash. . J. I. COLT.
J »= 1. No. 11 and 12, Franklin House Building.
, Buggies! Buggies!
1 n MRV BUGGIES, .
1 1 Sceond-hand Buggy,
1 Four Horse Wagnu,
1 Two Horse Wagon,
1 One Horse Wagon,
1 Ox Cart, new aud complete, -
1 l’uir Carry-Log Wheels,
1 Carry-Log, complete, sccdnd hand,
10,000 Buggy and Wagon Spokes,
1,u -;’7 Shafts, Hubs and Felloes, Enamelled Cloth, F»t-
p' 1 leather, Buggy aud Wagon Harness, all kinds of
.uj-jjy Trimmings, Baud, Harness, Sole and Upper
' “ti.fr. For sale low by JOHN H. NEWTON,
^Jseptember 16, ..
Office Southern Express Co.
A Notice.
Li freight must he paid for on delivery. Other-
it will be brought back and stored at owner's
r ‘»k and expense. WM. WILLIAMS,
Athens, April 30, 1801. Agaut.
""" ' — - ■ .. ‘ ■ —
House and Lot for Sale.
THE inWiber ofl'ors for sale hi* house and lot in
* ' obi,ham, adjoining Mrs. Baxter. There arc two
c ' s ,u the lot, a nice well of good water, *ud all ne-
-TwttssSa. 1
•aM*°a * e * 010 pramil iaU
tw.
eov. BROWN’S SPECIAL MESSAGE.
Executive Department, J
Alillcdgeville, 'November 6th, 1862. J
To the Senote and House of Representatives:
The frreut struggle for liberty and inde
pendence in which we have been engaged
during tho past year, against a powerful
and relentless enemj’, has called not only
for the exercise c»f the united energies of
our whole people, hut for the most costly
sacrifice* of blood anti treasuro. When we
look at the material of which the armies of
the contending parties are composed, we
can but exclaim, how unequal the contest!
In the armies of the South are found her
noblest and best sons, whose valor upon
the- battle field has been unsurpassed, and
whose blood in abundant profusion has
been poured out, a rich sacrifice upon the
altar of liberty. The Northern armies, on
the contrary, have been composed, in a
great degree, of imported foreigners and
paupers, and of the worst classes of Nort h
ern society, who have served as mercena
ries. and whose destruction, in many in
stances, has been rather a relief than a
misfortune to society. But the contrast
docs not stop here. The motives which
prompt tlio people of the two sections to
protract the war, arc as different as the
material of which the two armies aro com
posed, is unlike. The people of the North
ure fighting for power and plunder, tho
people of the South for the liberty and in
dependence of themselves and their pos
terity. Our enemies have it in their pow
er to stop the war whenever they are con
tent to do justice and let us alone. We
can never stop fighting while they contin
ue to attempt our subjugation, but must
prosecute the. war with vigor, if necessary,
to the expenditure of the last dollar and
the destruction of the last man. If wo
are subjugated, let it be only when we aro
exterminated. We were born free; and
though it be upon the battlefield, wo should
die free.
This I believe to bo tho unanimous sen-
timeut of the peoplo of Georgia, who have,
on this question, laid aside all party divi
sions and differences; and liavo, from tho
commencement of the struggle, promptly
discharged their whole duty to thc c-aiise,
and to tfteir brethren of the other Confed
erate States. Not a requisition has been
made upon Georgia by the President of tho
Confederacy for assistance which has not
been met without delay; and in every case
of requisition on the State for troops, more
men nave been tendered than wore re
quired.
In the face of this proud record, no plea
of necessity could bo set up, so far as Geor
gia was concerned, (and I believe the re
mark will apply generally to all the States.)
for the passage of any act by Congress to
raise troops, which either infringed her
constitutional rights or disregarded her
sovereignty. The Act of Congress of 16th
April last, usually known as the Conscrip
tion Act, in my opinion, does both ; and is
not only a palpable violation of the Consti
tution of the Confederacy, but a dangerot.s
assault upon both the rights and the sover
eignty of the States. Who supposed, when
we entered into this revolution for the de
fense of State Rights agffinst Federal ag
gression, that, in a little over one year,
th 3 persons of the free-born citizens of the
respective States would be regarded and
claimed, while at homo in pursuit of their
ordinary avocations, as the vassals of tho
central power to be like chattels, ordered
and disposed of at pleasure, without the
consent, and oven over the protest of the
States to which they belong; and that he
who raised his voice against such usurpa
tion would bo denounced by the minions
Of power us untrue to the cause so dear to
every patriotic Sbuthern heart ? And who
that has noticed the workings of the con
scription policy, will say that this pictura
is overdrawn ? Not onty the rights and
the sovereignty of the States have been dis
regarded, hut the individual rights of tho
citizen have been trampled under foot, and
we have by this policy been reduced, for
a time at. least, to a state bordering upon •
military despotism.
This extraordinary act has been defend
ed, however, by two classes of individuals,
upon two distinct grounds. The first class
admit its unconstitutionally, but justify
its passage upon the piea of necessity, and
say that without it the twelve months vol
unteers could not liavo b'eon kept in the
field in a time of great emergency; and
further, that tho Constitution is a mere
rope of sand in the midst of revolution.—
The second cl ,ss justifies it on tho ground
that Congress had the.right under tho Con
stitution to pass it. Ia either correct ?
To the first, it may be replied that the
plea of necessity cannot be sot up, till it
can bo shown that the States when called
on had neglected or refused to fill the re
quisitions made upon them for troops by
the President. Again, in reference to the
twelve months troops, it should be remem
bered that tho Government only called on
them to volunteor for that period bofore
they left their homes, and that the contract
clearly implied between them and the Go
vernment, was that they should faithfully
serve it, and do ali their duty as soldiers
for that period, and that they, should have
all the rights of soldiers, with the legal pay
nnnr Good and
term, to have men in sufficient numbers
ready for service ? But admit that the
Government had neglected this plain doty
till it was now too late to get the men from
the States in time to meet the crisis, and
that it had on that account become neces
sary for itrlo violate its contract with the
twelve months men, to save the cause fiotn
ruin; was it then necessary to pass a gen
eral Conscription Act to accomplish this
purpose? Could it not have been done by
simply passing an act compelling all twelve
months men, of every age, to remain in
service for ninety days, as all under 18 and
over 35, though not conscripts, wore com
pelled to do ? This would have given the
Government three months more of time to
provide against the consequencos of its
former neglect, and raise^ tho necessary
forco, and would have left the troops, in
the meanlimo, under the command of tho
officers appointed by the States, as pro
vided by the Constitution. The emergency
wiould thus have been met, more of justice
been done even to the twelve months vol
unteers, and no dangerous precedent at
war with the constitutional rights of the
citizen and the sovereignty of the States
would hatfft been established. It must also
be recollected while upon this part of the
subjoct, that tho act, by its plain letter,
deprived tho troops who had volunteered
lor tho war, in response to calls made by
the States to fill requisitions made upon
them, of the right to elect their officers,
when so authorized 6y tho laws of thoir
respective States, and have them commis
sioned by their State authorities; and that
it established a system of promotion of
officers in violation of this right of the
troops, aud authorized the Presidont to
issue the commissions. What pressing
necessity existed to justify this act ofpal-
E ablc injustice to the State volunteers, who
ad entered the Confederate service at tho
calls of their respective States for the war,
with the constitutional guaranty that their
officers should he appointed by the States,
and with tho further guaranty from the
States, as in this State, that thoy should
have the right to elect those who were to
command thorn? But it is said by the
first class ofadvocates of conscription, that
the Constitution must yield to the exigen
cies of the times, and that those iu author
ity may violate it when necessary during
the revolution; if so, it of course follows
that those in authority must be the judges
of the necessity for its violation, which
makes their will the supreme law of the
land. If this were the intention of the peo
ple, why did they form a Constitution at
the beginning of tho revolution, and why
did they require all our Senators and Rep
resentatives in Congress, all the members
of the Legislatures of the several States,
and all executive and judicial officers of
tho Confederate States, and of tho several
States, to take an oath to support the Con
stitution ?
When the Governor of this State and
each member of the General Assembly
took a solemn oath to support tho Consti
tution of the Confederate States, no excep
tion was made which relieved them from
the obligations of tho oath during the re
volution. This fact should bo i*emetnber-
ed by those who admit the violation of
the Constitution, but severely censure the
public officer who, true to his obligation,
throws himself in the breach for the sup
port of the Constitution against the usur
pation.
I hero dismiss the first class of advo
cates, and turn to the justification set up by
the second, which from its nature, how
ever unfounded, is entitled to more respect
ful consideration. Does the constitution
authorize Congress to puss an act such as
the one now under consideration ?
The advocates of this power in Congress
rest tho case upon tho 12th paragraph
- of 8th section of the first article of the
Constitution Of the Confederate States,
which section is in the Constitution of the
United States. This paragraph gives
Congress 4ho p-ower “ to raiso and support
armies.” The advocates of conscription
take this single clause of the Conscription
alone, and contend that it docs not define
any particular mode of raising them either
by voluntary enlistment, or by conscrip
tion or cocrion, as it may judge best.
The Convention which framed the Con
stitution of tho United States, of which
ours is a copy so far as relates to this point,
must be supposed to have used terms in
the sense in which had lately been their
own, and from which they were usually
understood at the time, in tho govern
ment which as* descendants they had
derived not only tho terms need, hut
their whole system of language and laws,
civile and militaiy. In placing a just con
struction upon the phrase to “ raise ar
mies,” as used by the Convention, we are,
therefore, naturally led to inquire how ar
mies had been, and were at that time, r:us-
ed bv the British Government, from which
the members of tho Convention “ had de
rived most of their ideas upon this subject.”
By reference to the legislation and history
of the British Government, it will bo found
that Government by xonseription, bnt only
by voluntary enlistment. This was not on
ly tho case at the time of the adoption
of tho Federal Constitution, but bad be
come Clio settled and established practice
of that Government, after deliberate eon-
and allowances, and should in good faith ..
be discharged and permitted to return sideraimn of the question; which fact can-
homo at the end of that time. The Go- ’ not bo presumed to have now uiider con-
vernmenteannot, therefore, be justifiable j sideration. ' ... _ .. .
in violating ita contract, and acting in bad j The terms used by the Convention hav-
faith towards them, no matter how great l ingucquired adefimte meauing well under
lie emergency may have been, unless it ! stood and recognized by all, we . cannot
can bo showu that tlie Government, by : justly presume that the members of the
the exercise of due foresight and on erg v. Convention intended that these terms
could not have supplied the ir places in time
to meet Alio emergency. Thu fact that they.
were twelve months inen was well known
to the Government from the time they
entered the service. Why then were not"
requisitions made upon the States for
enough of troops to fill thoir places a suffi-
“tiiuu bofore the expi ration of thehr
when used by them, should - be understood
jn a different sense.. Had this been their
•design, they would certainly have: used
such qualifying language-as would' have
loft no doubt of their intention to rtjject
the ordinary acceptation of tho terms, and
use them inu different sense/ ’ ?
_ By reference to the constitutibral his
tory of Great Britain, it will' be seen that
a bill was attemped in 1704 “ to reetuit the
“ army by a forced conscription of men from
“ each parish, but teas laid aside as uncon-
“ stitutional.” It- was tried again in
1707 with like succoss; but it was resolv
ed instead to bring in a bill for raising a
sufficient number of troops out of such
persons as have no lawful calling or em
ployment. A distinguished author says:
“ The parish officors were thus enabled to
“ press nten from land service, a method
“ hardly more constitutional than the form-
“and liabto'to enormous abuses.” The
act was temporary, and was temporarily
revived in 1757, but never upon any later
occasion. The Convention of 178” sat
thirty years after tho British Government
had abandoned the policy of conscription,
even of persons having no lawful employ
ment, as unconstitutional. The Convention
was composed mostly of intelligent law
yers, who were well acquainted with this
fact, which loaves no room to doubt that
when they gave Congress the power to
“ raise armies” should be u iderstood in
the sense then attached to it, and that the
armies should be raised by volunteer enlist
ment; which was the only constitutional
mode then known in Great Britain or this
country. It had not only been solemnly
determined by the proper authorities in
the kingly government of Great Britain
long before the commencement of the
American revolution, that it was unconsti
tutional to raise armies by conscription, but
even the monarchical government jf Fiance
had not yet ventured so far as to disregard
the rights of the subjects of that Govern
ment, as to adopt this practice, which
places each roan subject to it, like a chattel
at the will of him who, under whatever
name, exec-isos monarchical power. Tho
practice of tlie Government of the United
States was also uniformly against eonscrip-
tiondrom its creation to its dissolution.
In viow of these facts of history, can it
now bo just to charge the great and good
men who 1 rained our republican govern-
erument of a Confederation of States pow
ers over the persons of the citizens of the
respective States, which were at the time
regardo<l|too dangerous to he exercised by
tho most abolute European mouarejis over
their subjects ?
When we construe all that is contained
in the Constitution upon this subject to
gether, the meaning is clear beyond doubt.
The powers delegated bj- the States to Con
gress, aro all it has. These aro chiefly cn
umerated in the 8th section of tho 1st ar
ticle of the Constitution.
Paragraph 11, gives Congress power,
“ To declare war; grant letters of
marque and reprisal, and make rules con
cerning captures on land and water;”
Paragraph 12,
“To raise and support armies; but no
“ appropriation of money to that uso shall
“ be for a longer terra than two years)”
Paragraph 13,
“ To provide and maintain a Navy
Paragraph 14,
“ To make rules for tho government and
“ regulation of the land and naval foi-ces.”
If it were the intention of the Convention
to give Congress tho power to “ raise ar
mies” by conscription, these four consecu
tive paragraphs gave plenary powors over
the whole question of war and peace, ar
mies and navies; and it could not have
boon necessary to add any other paragraph
to enlarge a power which was already ab
solute and complete.
If Congress possessed the power under
the 12th paragraph above quoted, to com
pel every officer and every citizen of every
State to outer its armies at its pleasure,
its power was as unlimited over thepersons
of the officers and citizens of the State,
as the power of the most absolute mon
arch in Europe over was over his subjects;
and it wus extreme folly on the part of the
Convention to a-tempt to increase this ab
solute power by giving to Congress a quali
fied power over the militia, was ninqualifi-
cd and unlimited. Teat tho Convention
was not guilty of the strange absurdity of
having given Congresss the absolute, un
limited power now claimed for it, will be
seen by reference to the two next para
graphs, which give only limited powers
over tho militia of the States.
Paragi-aph 15 gives Congress the power,
“ To provide for calling forth .the raili-
u tia to execute the laws of the Confeder
ate Stat.es; suppress, insurrections, and
“ repel invasions ;”
Paragraph 16.
“To provide for organizing, arming and
“disciplining the militia; and for govern-
“ing such part of them as tnay b>9 employ
ed iu the service of the Confedera te States,
“reserving to tho Srates respectively, the
-“appointment of the officers, and the au
thority of training the militia according
to tile discipline prescribed by Congress.”
Now it must be admitted that Congress
had no need of the limited power over the
militia of the States, which is given by the
two last paragraphs, if ii possessed under
the 12th paragraph, the unlimited power to
compel every man of whom the militia is
confposed to enter the- military service of
tho Confederacy at any moment designat
ed by Cdifgress.
When the six paragraphs above quoted,
aro construed together, each delegates a.
power not. delegated by either of the otb-.
ers. The power to declare war, is the first-
given to Congress; then the power to make-
rules for the government and regulation of
tho land and naval forces. Congress may,
therefore, make war ; and as long as it can
do so by tiie use of its armies raised by vol
untary enlistments, (which was the mean
ing ol the torra “to raise armies,” when in
serted in the Constitution,) and by the use
of the navy, iL may prosecute Abe War
without calling upon the States for assis-
ry ft
the arm;
>i>n ofi
4
.. J -.
vasion, Congress may then, under the au
thority delegated by paragraph 15, provide
forcalling forth the militiaof the States, for
these purposes. When this is done, how
ever. paragraph 16 guards the rights of the
States, by reserving, in plain terms, to the
States respectively, the appointment of
the officers to command the militia when
employed in the service of the Confederate
States. This authority was regarded by
the Convention of 1787, of such vital im
portance that they, with almost entire
unanimity, voted down a proposition to
permit the general government to appoint
even the general officers; while the most
ultra federalist in the Convention, never
seriously contended that the States should
be deprived of the appointment of the field
and 'company officers. The Convention
doubtless saw the great value of this re
servation to the States, as the officers who
were to command the militia when in the
service of the Confederacy, would not be
dependent upon the President for their
otuinissions, and would be supposed to be
ready to maintain with their respective
commands, if necessary, the rights of the
Slates against the encroachments of the
Confederacy, in case an attempt should be
made by the latter to usurp powers des
tructive of the sovereignty of the former.
On the contrary, should the officers to
command the militia of the States in the
service of the Confederacy, be appointed
by the Confederate Executive and be de
pendent upon him for their commissions,
they might bo supposed to be more wil
ling instruments in his hands, to execute
his ambitious designs, in caso of attempted
encroachment.
When therefore, the different delega
tions of power are construed together,
the whole system is harmonious. When
Congress has declared war, and has used
all the power it possesses in|raising armies
by voluntary enlistment, and providing a
Navy and still needs more forces for tho
purposes already mentioned, it may then
provide forcalling forth the militia of the
several States as contradistinguished from
itt> Annies and Navy; and here for the first
time, the Slates as such, have a voice in the
matter; as Congress cannot call forth the
militia without giving the States the ap
pointment of the officers, which gives them
-a qualified power over the troops in tho
service of tho Confederacy, and an oppor
tunity to t o heard, as States, if the dele
gated powers have been abused by Con
gress, or the military force is likely to
be used for the subversion of their sover
eignty.
As the residua in of powers not delegated,
is reserved by the States, they may, when
requisitions are made upon them for troops
by the Confederacy, or when necessary
for their own laws, call forth the militia
by draft or by accepting volunteers.
The advocates of conscription by Con
gress, have attempted to sustain the doc- j
trine by drawing technical distinctions be
tween the militia of the States, and all the !
armsbearing people of the States, of whom- j
the militia is composed. In other words, !
they attempt to draw a distinction be- j
tween a company of militia of one hundred j
men in a district, and the one hundred men !
of whom the company is composed. And I
while it is admitted that Congress cannot j
call forth the company by conscription !
but must take the company with its offi- !
cers, it is contended that Congress may i
call forth, not tho company, -but the ono
hundred men who compose tho company,
by conscription; and by this evasion, get
rid of the Stato officers and appoint its
own officers. This mode of enlarging the
powors of Congress and evading the con
stitutional rights of the States, by unsub
stantial technicalities, would seem to be en
title to respect, only, on account of the dis
tinction of the names of its authors, and
not on account of its logical troth, or the
soundness of the reasoning by which it is
attempted to be maintained.
If Congress may got rid of the militia
organizations of the States at any time, by
disbanding them, and compelling all the
officers and men of whom they are com
posed to enter its armies as conscripts, un
der officers appointed by the President,
the provision in the Constitution which re
serves to the States the appointment of the
officers, to command their militia, when
employed in the service of the Confeder
acy, is a mere nullity whenever Congress
chooses to enact that it shall bo a nullity.
Again, if Congress has power to ’raise
its armies by conscription, it has the pow
er to discriminate and say whom it will
6rsteall. If it may compel all between
18 and 35 years of age, by conscription to
enter its armies, it has the same right to
extend the act, as it has latoly done, from
35 to 45; and if it has this power, it has
the power to take all between 16 and 60.
The same power of discrimination author
izes it to limit its operations, and take on
ly those between 25 and 30, or to take any
particular class of individuals it may des
ignate. And it must be borne in mind
that the power to raise armies, is as un
limited in Congress, in times of the most
profound peaeo, as it is in the midst of the
most devasting war. It Congress possess
es the power to raise armies by conscrip
tion,, it follows that it may disband the
State. Governments whenever it chooses
to coRsidei* them,an evil, as it may compel
evory Executive to every State, every
Judge of every court in evory State, ev
ery militia.officer, to enter the armies of
the Confederacy in times of peace or war,
as privates under officers appointed by tho
President; and may provide that the ar
mies shall bo recruited by other State offi
cers as fast as they are appointed by tho
Sta^Ki Admit the power of conscription
claimed for Congjq|as by its advocates, and
there, is no escape from the position that
Congress presses tins power over ilhe
h , bat
Ifl a n exti'emeono,' ami 1
ponses, tho peror to
*■ - -V--..
■
troy the State governments, it would nev
ate gov
er exercise it. If it possesses tho powef,
its exercise depends upon tho will of Con
gress, which might be influenced by ambi
tion, interest or caprice. Admit the pow
er, and I exercise the functions of the Ex
ecutive office of this State, you hold your
seats as members of the General Assembly
and our Judges perform thoir judicial du
ties by the grace and special favor of Con-
gress,and not as a matter of right by virtue of
the inherent sovereignty of a great State,
whose people in the manner provided by
the Constitution, have invested us for tho
constitutional period, with the right to ex
ercise these functions.
For my views apon this question some
what more in detail, and for the strongest
reasons which can be given on the other
side to sustain this extraordinary preten
sion of power in Congress, I beg leave to
refer yon to tho correspondence between
President Davis and myself, upon this
question, a copy of which is herewith
transmitted to each branch of the General
Assembly.
In ray letter to the Presidont, will also
be found the reasons which induct, i
me to resist the execution of the conscrip
tion Act of 16th April last, so far as it re
lated to tne officers necessary to the main
tenance of tho government of this State.
It may be proper that I remark, that uiy
first letter to tho President upon this ques
tion, in which I notify him that I will re
sist interference with tho legislative, exe
cutive or judicial departments of tho gov
ernment of tho State, though dated tho
22d of April, as it was expected to go by
tho mail of that day, was prepared on the
previous day which was the day, the ex
emption Actwas passed by Congress in se
cret session ;of the passage of which I had
no knowl edge, nor, had I ever heard that
such abiil was pending when tho letter
prepared.
The question has frequently been asked,
why I did not resist the operation of the
Act upon the privates as well as the offi
cers of the militia of the State. But for
the extreme emergency in which the coun
try was at tho timo placed, by the neglect
of the Confederate Government to make
requisition upon tho State for troops, to fill
the places of the twelve months men at an
earlier day, and the fact that the Conscrip
tion Act by the repeal of all other acts un
der which the President had been author
ized to'raise troops, placed it oat of his
power, for the time, to accept them under
the constitutional mode, I should have had
no hesitation in taking this course. But
having entered my protest against the con
stitutionality of the Act, and Congress
having repealed all other acts for raising
troops, I thought it beat on account of the
great public peril, to throw the least possi
ble obstructions, consistent with the main
tenance of the government of the State, in
the way of the Confederate Government
in its preparations for our defence. 1,
therefore, at the expense of public censure
which I saw I rousl incur by making tho
distinction between officers and privates
determined to content myself till tho meet
ing of the General Assembly, with resis
tance to the execution of the act, not only
to the extent necessary to protect the
State government against dissolution, and
her people against the massacre and hor
rors, which might have attended negro in
surrections in particular localities, had the
militia been disbanded,' by compelling the
j militia officors to leave the State, which
! would have left no legal vacancies that
could have been filled by the Executive.
While the first conscription act made a
heavy draft upon tho militia of the State,
it left all between 35 and 40, subject to
the command of hor constituted authorities
in case of emergency; and with thoso aud
her officers, she still retained a military or
ganization. I did not, at that time, actici-'
pate an extension of the act, which^would
embrace the whole militia of the State, be
fore your meeting. The late act of Con
gress extends the conscription act to em
brace all between thirty-five and forty-five;
and, if executed^ disbands and destroys ah
military organization in tho estate. Not
only so, but denies to those between thir
ty-five and forty-five, the right guaran
teed by the Constitution of the Confedera
cy and laws of tbis State, to every Geor
gian to elect the officers by whom be is
to be commanded while in Confederate
service, and buve them commissioned by
the proper authority in his own State.
This privilege has been allowed to the oth
er troops when called to tho field. Even
those embraced in the first conscription
act, were allowed thirty days to volunteer
and select their own officers from among
thoso who, at the time the aot was passed
had commissions from the Secretary of
War to raise Regiments. But even this
limited privilege, which fell far short of
the full measure of their constitutional
rights, is denied those now called for; and
they have had no part, all the old or
ganizations, with tho most of thoir of
ficers appointed by the Presidont, are
filled to their maximum number. This
act, therefore, not only does gross injustice
to the class of our follow-citizens nowcall-
ed to the field, and denies thorn tho exor
cise of sacred constitutional rights which
other citizens when they entered tho ser
vice were permitted to enjoy, but, if exe
cuted, it takes the Major Generals and all
other militia officers of the State, by force,
and puts them under
Lieutenants appointed by the
and leaves the State, without a j
ganization to execute I
sion, protect her public property, or sup
press servile insurrectk
nowthreatensto incite
nate massacre of-our wiv
*were i
\W Z <S’ , X
