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AIE SOUTHERN WATCHMAN.
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\ liberal deduction to yenrlv advertisers.
VunuuncemenU of candidates $5. in advance.
iii.itnary noticos exceeding six lines in length
.irtred as advertisements.
iiis’uttss anil ^roksimtalCjuk^
4 \\ \VYNG & CO., Dealers in
\ ‘ uARhWABU, CROCKERY, CHINA AND
fy ^ ^ y, S i r^t, A then b, Qh. ’
iiKNS STEAM COMPANY.—
\irKRRSON, Agent and Superintendent.—
n .. r < oi Circular Saw Mills, Steam En-
i ; 1 . r ,i„B and Lifting l'DMFS. Suaptiho ami
_ . tics and all other kinds ot UEAK-
" [’, uN-’aml 11 ii.vss Castings, of every description,
v i Vi! I Ml Repairing and Finishing promptly exc-
select patterns of Iron Fencing. Terms, cash.
n W.&H.R. J- LONG,Wholesale
( a::d Uet«i1 DRUOUISTij, Athens, Go.
McC LESKEY, M. D., having
,rm im lit) v located in Athens, will continue
„(■' Modh'ino aud Surgery. Residence, that
. upifil by Mr. Chase—-Office, »t home, wlicre
V found. .__ t L,
' A. TjOW U A NCE, Surgeon Den-
1 • TisT. Athens, Oa. Office onCollegeAvenue,
•Ii-wulry store of Messrs, Tulmadgu A Wiun.
G1LLELAND, Dentist, Wat-
Uinsville, tliu, respectfully solicits the patron-
e surrounding country. Full satisfaction wUl
in his profession.
Speech o>f Hon. Linton Stephens,
Delivered before the House of Representatives of Geor
gia, Friday, November 14th, 1382,
On the resolution of the Senate authorizing the
Governor to call out the militia of Camden
and adjoining counties,to suppress the raids
of the enemy, and on the uneonstitutionality
of the Conscript Law.
Mr. Stephens said: Mr. Speaker—The
to criticise, or even to express a different
opinion from it. This sir,.is a doctrine on-.
ly less dangerous than Conscription itself.
The court, I acknowledge, is the highest
judicial tribunal in this State, and legiti
mately controls all subordinate judicial
tribunals, but it is a new doctrine, and a
dangerous one that the judiciary is su
perior to the Legislature. Each de-
question before us is one of great public J P art » ien ^ our government is indepen-
iinportance, and should bo decided upon* dent, and eaclns supreme .nits own sphere
A'
Mu id
fines
>h Hi
1>
It.
iU | i
ii.
tf
f M. KENNEY, (next door to the
i . H;,nk of Alliens,) constantly keeps on hand STA-
1U. an! FANCY DRY GOODS, and Choice lamily
.-rii . heap for cash, or to prompt customers.
T M. MATTHEWS, Attorney at
i) • i.
,1
AW, Dnnielsville, Ga.
01 IN
May 1,
II. CHRISTY, Plain and
HOOK AND J015 PRINTER, Brand St.,
Office corner Bros'* and Wall streets, over
huiM.m A l'itturil.
tf
J. 1 '
j
O'KELLEY, Photograph and
\ >1BROTYFK ARTIST. Rooms on Broad and
, • o’ er the store ot John R. Matthews,
i ; . Mari'-tf
l;7DAVIS, Land Broker, Collec-
> TOR aud GENERAL AGENT, Augusta, Ga.—
:r ., aticndotl to in any county ot the State. OflBee
* .En kson itml EMis street*.
j
1
MASON k CO., Bookbinders.
, j Buiers and Blan llmil. Manufacturers,
lDircct, Atlanta, Ga. J. H. Chujsty, Agent,
I,a. _
) ATM AN & SUMMEY, Dealers in
11 \ i:1)WARE and CUTLERY, corner of Broad
and Vi all street*, Athens, Ga. tf
jjiTNER, ENGLAND & FREE-
X M ■ X, Wholesale and Retail Dealers in GROCE-
K!r> i i> V GOODS, HARDWARE, SHOES A BOOTS,
he a 1 ,'irect, Athens, Ga. “
BARRY, Fashionable Boot and
? I10K-MAK&K. Broml street, Athens, Ua., is
in n adfait'SK to fill orders m his Iinc»
r AL G. DELONY, Attorney ot
LAW, Athens, Ga.', will attend promptly to nil
,.,S eu traitod to his care. Office on Broad street,
1. M. Kenney's store. tf
/'M. PHILIPS, Attorney at Law,
t Marietta. Ga., will practice it all tlio counties
Blno Ridge Circuit, ia the coon <3 of Fulton, of the
11 Circuit, in the Supreme Court, and in the U. b.
1 mirt at Marietta.
P.
Iliirav
TV
IWra
\i
w
’ HITE & HITCH, Wholesale k
Retail CLOTHIERS aud MERCHANT TAI-
il;S. Bread streot, Athens, Ga.
i\ r M. N. WHITE, Bookseller and
* ■ -T \XIONER, and Newspaper and Magazine
1 Valor in Music A Musical Instruments, Lamps,
u ! vy. Fancy Goods, Ac., corner Br >ad Slieet and
e \v.iiue. Orders promptly filled at Augusta rates.
GLOBE HOTEL,
Augusta, Ga.
Al’STIN MULLARKY, PROPRIETOR.
TH i:. — l’insciigcrs holding Through Tickets, mu
■mi ried to and from this Hotel free of .Omnibus
Feb. 27.—ly
REMOVAL. „
'HR ■tibscriber has riumved his Bent and Shoe Es-
'.niliduneut to hit former ataag on this east side of
1 1 -ireet, where ho trill he pleased to wait on liis
- ii'.iJ the public. .
■Li.iy CHARLES HUGHES.
BLACKSMITHING.
llRMOVAb.
-'ilijcrilier has removed his shop to the stand
i .ci ; . ueciipiudby J. B* Burpee, corner tf Jaek-
iy!i>n streets—whore ho is redoy to hare
- i.illic Black smithing line promptly executed.
•G.S. Nev Orleans Syrup ;
•G half obis. “ «
■ cheap fur cash. J- r I- COLT.
'• No. 11 and 12, Franklin House Building. .
10
Buggies i Buggies!
BUGGIES, - "
J Rc«t>iid-ha«d Buggy,
’ 1 •nr Burse Wagon,
' Two Horse Wagon, . - .
1 One Ilnrso Wagon,
1 Ox Curt, uew and complete,
] Pair Carry-Log Wheels, - .. .
1 Carry-Log, complete, second hand,
O'.tllHi Baggy and Wagon Spokes,
l 7 shafts, Hubs and Foil00*, Enamelled Cloth, Pot”
. Buggy and Wagon Harness, ajl kiuds of
r jP Triuuiiiriga, Band, Harness, Solo and Upper
"‘ , r - For sate low by JOHN H. NEWTON.
H'tceiWr 1.0. •• •- " ''•■■■ ‘ ... ;
°&Ce Southarn Express Co.
Hr. Notice. ^ v
' * freight must ho paii for on delivery* Other-
h will be brought back and stored at owner’s.
WM. WILLLVMS, .
. Ajrout
^ u P on
its inoritK. I hdvo no personal or party
feelings m the matter, and deeply rc^vet
that any attempt has been made to give
the discussion a personal or party direc
tion. The try Inis cornc to as that wo
men aud children have been insulted by
negroes from the enemy. The people have
been plundered, and their property des
troyed—not by gunboats, but by armed
negroes who landed from the boats, and
then made their raid into the country.
They came on shore, committed the out
rages, and returned with impunity—not a
shot being fired at them. Col. Floy, in
his letter, says that he has militia at his
command that could be made available in
repelling those negro raids, and asks leave
to call them out.
Ii has been asked why this application
comes at this particular time ? It is al-
ledged by some that it is a “got up” affair.
It becomes us to view it not as a personal
or partisan matter. How can men pre
tend to believe that this is got up—manu
factured for the occasion 1 The raid took
place ou the 4th instant, and the letter of
the Colonel was written ori the 6th—before
the decision of the Supreme Court was
made, and before it was known that the
question would be before them. The Gov
ernor did not receive the letter until day
before yesterday, and he sent in his mes-
sago yesterday. I happen to know that
a similar letter was received yesterday, by
the Governor, from McIntosh county, giv
ing an account ofu similar raid from the
negroes and Yankees. An old man was
seized and his negroes carried off. Again
the vandals returned to their boats, and
not a shot was fired at them. Was that,
too, a got up affair'! Will gentlemen allow
themselves to be blinded so as to accept
facts like these? These facts were got up
for no purpose bu f logivc relief, if the Gov
ernor has the power to afford it. Am I to
stand here to persuade men to grant relief
to women and children and feeble old men,
when they aro outraged by negroes in
arras ? I do not believe there is a Georgian
not ready to go over to Lincoln, who is
not ready to afford relief, provided he has
the power to do so.
The gentleman from Monroe (Mr. Caba-
niss) speaks of the folly of the Governor’s
military strategy in proposing to resist
gunboats with raw' militia. I am afraid,
sir, that the gentleman is not capable of
judging the Governor fairly, and with an
unprejudiced eye. He asks what use there
is in sending a few raw militia to fight
gunboats. To fight gunboats is one thing
and to repel the raids of negroes, after
they have left the boats, is another thing.
The gallant Morgan, with his band of
guerillas, has covered himself with glory
and renown. He has not attacked Buell’s
army; ho had better seuse; but he knew
how to fall upon Buell’s detached foraging
? allies and capture or destroy them. Ool.
loyd asks to be allowed to attack the
parties of negroes and Yankees, after they
have left their boats to pillage, and rob,
and insult, and abuse women and children.
He did not ask to be allowed to attach
gunboats. The gentleman imputes to the
Governor a military strategy which tbo
Governor has not suggested, aud then de
nounces its folly.
Sir, you cannot bo excused from granting
this relief, it you have the power to grant
it. Now have you the power ? The gen
tleman from Monroe makes an admission
on ibis point, which is futal to bis conclu
sions. He charges that the Governor has
utterrd a calumny against the Supreme
Court in saying that under acts ot Congress
Bud the decision of the Court, the power
seems to be denied to him to call out the
militia, even for the protection ofour’moth
ers, sisters, wives, and daughters, against
our own slaves! lie says this statement
by the Governor, that his power tocall out
the militia for these purposes, seems to bo
denied by the Court, is not true, and is a
calumny. Then, ii the Governor has tbe
power, why not be willing to tell him to
exercise it ? _i say, in the name of the in
sulted, outraged, and suffering women, let
him order the help at once,if, indeed, there
be no obstruction in the* way ? The Gov
ernor does not say that those acts aud
this decison are a real obstruction. What
he says is they seem to deny him.the pow
er by declaring that the whole militia ot
tbo Stato are subject to the command of
the President. The gentleman, in disa
vowing this as the effect of the Conscript
Law, and of the Court’s" decision, strikes
down all protenso fur opposing the exer
cise of the power Which ihe Governor asks.
n there is no difficulty on the score of
and in the exercise of the functions with
which it is clothed by the Constitution.
Nobody outside of the old Federal party
ever held that the courts could bind the
Legislature or the Kxecotive, by their ex
positions of political rights. This action of
the Supreme Court is no more biuding up
on us than the decision ot Judge Thomas
in opposition to it. Neither his opinion
nor their opinion has any binding authori
ty over us, and neither is entitled to any
weight with us, any farther than the reas
ons go, by which it is supported, but as the
weight of the decision will bo more or less
affected by the circumstances under which
it was made, it is competent and proper
for us to consider as the Governor has
done, what tnese circumstances were.
The gentleman from Monroe complains
because the Governor says it was made un
der strong “outside pressure.” Is not this
the truth ? He says this is a calumny. I
say it is the truth.. Was there not a strop ;
“outside pressure?” I have no doubt every
member of tbo coi rt was actuated by a
strong desire to sustain the Government
by the decision, if they could do so. Judge
Jenkins declared in delivering tho decision
that he was gratified in being able to up
hold the hands of the Government. If so,
there was a strong “outside pressure.”
Tho Governor in saying so spoke only
wbat every candid man acknowledges to
be the truth, and the court acknowledges
itself to have been uuder just such a pres
sure as gentlemen have repeatedly avowed
to be operating upon themselves upon this
floor—a strong and earnest desire to be
in unit}' and accord with all the policy of
the Confederate Government. This being
true, is it calumnly to say so ? Is it not
a circumstance, which is properly consid-
i ered in estimating the vabie and weight of
the decision ? I am not hero as the Gov
ernor's champion, nor as the champion or
censor of the courts or of any body else. I
form my own opinions and follow my own
convictions. The Governor has done ma
ny things which I approve, and some
which I do not. I s hall, whenever occasion
requires, express my approbation or dis
approval of his acts, according to the con
viction of my judgment. This comment
from the Governor is a true one and a fair
one, and appropriate to the circumstances
of the case.
The gentleman from Monroe is also high
ly indignant-at another calumny, which
he imputes to tho Governor, but which he
imputes erroneously. He complains of
the Governor as having charged colusion
between the counsel who argued the ease,
and the court who decided it. The Gov
ernor has made no such charge. He only
says foal the counsel on both sides of the
case wore agreed in their individual opin
ions that the decision ought to boas it was.
He mentions this singular circumstance as
another reason to show that the case did
not have a fair chance before the court,
ancl to detract from the weight of the de
cision. Tho charge' of calumny on this
score, is unfounded and unfair. I affirm
that every word of the Governor’s state
ment on this point is true, and that the de
cision was rendered as t he Governor de-
nection and.limitation do exist, seems to
me to be demonstrable^ and yet tbe Court
have based their whole decision u pon an
assumption of this very point on which the
whole, question necessarily turns. There
fore I say, sir, that that decision and all
its reasoning must go for nothing, because
it is founded upon tn assumption of the
whole ease at the beginning. Tiie only
thing which the Court had to do, was to
prove the proposition which they assumed,
and pronounced to bo not capable of being
made plainer by argument. I think, in
deed, sir, their proposition, denying a con
nection botweeiAhese two powers, cannot
be mado plainer by argument. But, sir,
argument can refute it to a demonstration.
According to their own construction of the
power to raise armies, it ombraces all pos
sible and proper modes of raising armies.
Now, sir, calling out the militia is one mode
of raising an army. Gentlemen cannot
deny it. Their own construction oi raising
armies—their own necessary consl,ruction
—makes it include all modes of raising
them. There may be an army of militia
as well as an army of regulars. Calling
out the militia, therefore, is one mode of
raising armies. Now, sir, will ary man
deny that in raising armies by this mode,
Congress is coutined to tho conditions and
mauner which the Constitution has pre
scribed for calling forth the militia ? Here
then, air, is at once an obvious an! most
important limitation which the power to
provide forcalling forth tho militia t.as over
the other power to raise armies. When
armies are raised by calling forth the mili
tia, there are remarkable guards thrown
around its exercise. From these guards,
sir, we learn what the meaning of this pow
er is to provide for calling forth tho militia.
In my judgment there is but two modes of
raising armies, one is by voluntary enlist
ment. This mode is without compulsion,
and the other is by calling forth the militia.
This is a process of compulsion. My con
struction of the Constitution is t:jat the
general power to raise armies refers only
to the first inode—by voluntary enlistment
and that the other power, to provide for
calling forth ihe militia, refers to the only
compulsory mode which Congress can use
under the Constitution. The whole ques
tion turns, then, upon the meaning of these
terms—“ to provide for calling forth the
militia.” Tho advocates of Conscription
say that the militia, in this' com action
means nothing but the militia organisation
us distinguished from the men who com
E ose it. I say the militia means the arms
earing or fighting men of the country
Whether their meaning, or mine, be the
true one, one thing is certain, that th is povv
er to call forth the militia, whatever that
militia may bo, is guarded by the Consti
tution in a manner which is so remarkable
that no man can overlook it or fail to re
ceive a flood of light from it as to the true
meaning of the power itself. Let us ascer
tain what these guards are.
In the first place, Congress cannot pro
vide for calling forth the militia, except
for some one of tbe three purposes, of ex
ecuting tho laws, suppressing insurrection,
or repelling invasion. Here is a remarka
ble guard which is put upon this power of-
calling forth the militia, but which ia en
tirely absent from that other power to raise
armies; and the power to raise armies,
whatever it may mean, iR clearly applica
ble to a state ot peace, as well as ton atate
of war; but the other power, to pfflMfide
for calling forth the militia, is confined to
three of the greatest emergencies which
can summon freemen to arms. Why con
fine and limit this power in so remarkable
claros it was, under peculiar circumstances i- n manner if the framers of tho Consti tution
and under outside pressure. I do not ; did not consider it to be a very great pow-
'•April SO, 1961
House and Lot for Sale.
f-subsorRier offers fur sale his boaso and lot in
ri-tUam. adjoining Mr*. Baxter: There are two
'hu l«t. a nine well of good water, and all ne-
r - v ;«lriMing«. The improvements generally are
I*?®* of repair. Z- IV'Y.
, Good
Phuc i
toxWheel*. with or
•do ehcap, by
power how dun the gentleman oppooe him
self to this relief which is besought on the
S irt ofourrobibed and bleeding citizens?
at, sir, these acts and this decision do, as
tho Governor affirms seem to doiiy-to him
think I go beyond the bounds of propriety
when I say to you, that Judge Jenkins
himself stuted, that, tho counsel for the
conscript declared in his argument boforo
the court, that his judgment was against
the Bide which he represented. This ia a
fact notorious in this town. I do not hes
itate to affirm that, tho circumstances un
der which the decision was made do great
ly detract from the weight to which it
otherwise be entitled. Sir. J care no more
authority. One good controling reason
for the faith that is in me, is, in- my judg
ment worth more than tite opinions of all
the courts,-and of T.ho President, aud of
Congress^ and of every body else, unsup
ported by reason. I intend tc treat the de
cision respectfully, but feel well assured
that it has no binding authority upon mo
nor upon this House. As a Legislator,. I
deny the power of the Governor, or of the
Judges, or of ali the judicial tribunals
on earth, to construe the Constitution for
me.
On what foundation of reason then does
this decision rest? The Court, the Presi
dent aud all the advocates of Conscription,
rest it upon the power which ia given to
Congress to raise armies. They ail adnqt
er, and one whose exercise needed confine-,
ment and guarding? If the militia, iudoed,
means nothing but the mere organization,
what rational reason could the framers of
the Constitution have had for guarding
the calling forth of the militia, in bo re
markable a manner? It is as demonstra
ble as any proposition in constitutional law
can be, that it was not tho mere organiza
tion, which they intended to protect. I
challenge any man to assign a rational rea
son they could have had for protoctifigj.be
more organization, without protecting tho
men composing it. I predict dow that
there will be no response, during this- de
bate, to this'challenge.. I ask tho House
•to mark my prediction.
Again, 1 ask what rational purpose they
could have had in confining tho exercise
of this power to.the three greht emergen
cies which I name, if indeed, the militia
means uolhing but the mcre organizaiion ?
I, sir, ean usbign a great reason and a great
purpose revealed by this guard upon the
power, if militia moans, as I affirm it means,
the tighting^incn, or arms bearing men of
tho country. With that meaning of the
the ureat purpose vrhieh
term militia, the great purpose
is revealed, ia to protoct personal liberty
that this power has limitations upon .it, i by limiting the eases in which compulsory
but disagree as to wliat these limitations J military service can be required by the
poinLof difference between j Confederate Government. Sir, in uhcse
are. The great point <
them and mo is, as t?> whether it is limited
or not by that other power which'Congress
has to provide fbr calling forth the militia.
Judge Jenkins begins his argument by de-
nying that there is any connection between
these two powers of "Congress—denying
that tbc'one exercises any limitation over
the power to end out the militia, lor any the other. He says'that this is too plain
'url.a»aer A |i. Thev do sCem to deny to be made plainer -by argument, and be
does not argue it. Tims he commences by
assuming, or begging'the whole question;
purpose whatever. They do seem to deny
.to the Governor, and to the State, the
rb'bt toprotoci. the citizens of the State
tho right' to protect the citizens of the
State from invasion, by her own militia.
T therefore propose to- review this whole
'subject with a view to prove that the acts
-are unconstitutional, the decision wrong,
and that the Obstruction in the way of the
Governor’s duty, is only asoemiag, and not
a real due. A •• ‘ ■;
ain met With the proposition
for, .sir, tbo whole question of the constitu
tionality of .Conscription turns upon the
meaning of this power in Congress to pro*
vide fi>r calling forth the militia. If it be
true that this power has no connection
with, nor limitation ovor
sir, I admit that
ti'byal; but, or ** ' kt
thatithls pow
timeis, and with some men, this purpose
may be regarded a- of slight importa nce;
but, in ray estimation, it is one of imnaense
importance. lam proud, as a son of Geor
gia, in believing that she has never surren
dered to any pbwer outside of her the right
to reqaire military service of her .citizens
by compulsion, unless there iabouw? oiie of
the three great emergencies which I have
named to justify theexereisoof that power.
e other, then^
- is eonstitu-
, if it be true
calling; forth
this power of calling forth the militia.—
Whenever the militia is called forth tinder
a Ihw of Congress, the appointment of the
officers is resei vedjo the States. Tlngjtrue-
nature and importance.of this reseryttlion
seems not to be generally understood and.
appreciated, f do not doubt, sir, thatthis
reservation to the States, of the appoint-.
ntent of the officers, amounts to, and i
ot*
served to the States. If not exercised by
them, it cannot be exercised by anybody,
no more than elect Senators to the Con
federate Congress for the Stato of Georgia,
if Georgia herself should tail or refuse to
elect thorn. Now, troops cannot be moved
without officers to conduct them. They
caunot be removed one inch; and the con
trol which the States have reserved to
themselves over the appointment of the
officers, gives them a perfect check—a veto
over the calling forth of their militia. If
the officers do not exist, the States may
refuse to appoint them. If they do exist,
having -been appointed by the States, the
States may unquestionably abrogate their
appointment. The Congress, then, cannot
exercise this power of calling forth tho mil
itary without the concurrent action of the
States, in appointing the necessary officers,
each State appointing the officers for the
troops which she sends. That this reserva
tion to the States amounts to a check and
completo veto in the hands of the States,
is a proposition which I lay down with all
confidence, and challenge a denial of it.
Now, sir, I ask, what is the purpose ot
it? Upon the supposition that militia
means nothing but the mero organization,
there to no purpose in it. There can be
none. Again, I challenge the suggestion
—even the suggestion—of a rational purpose
in this great reservation if the militia means
nothing but the mere organization. Upon
the supposition that it means . what I say
it means, tho arms-bearing or fighting men,
a great purpose stands revealed:—the pur
pose of leaving each Stato armed with the
power to shield her men from any com
pulsory military service which she may
deem injurious to her rights or destructive
to her existence. These two guards, which
consist in conferring by enumeration the
occasions on which it may be exercised,
and in reserving to the States control and
veto over its exercise, manifest that this
power of calling forth the militia was a
great power, in the estimation of the fram
ers of the Constitution. Some great pur
pose or purposes were to be served by these
guards. The question returns, sir, with
accumulated force, what rational purpose
can beserved by either of them, if tho
tiling guarded was the more organization,
leaving the men who composed it to the
unlimited control of Congress ; if the thing
guarded is tho mere bull, leaving the ker-
uel to the unlimited control and destruc
tion of tho Confederate Government? I
have asked this question in vain ; and vain
will be the asking to the end of the chapter.
I affirm, first, that there could have been
no rational purpose in thus guarding the
railitia upon their supposition of what the
militia means; and I affirm, in the next
placo, that any purpose which may have
been in view, if iudeed it be possible to
suggest one, is necessarily defeated. The
advocates of Conscription say that these
prOtccti ng guards are confined to the mere
organization. But the organization itself
is subject to destruction by Congress, if
tho men of which it is composed are left to
Congress’ unlimited control. I am told
by gentlemen, that under the power to
raise Armies, they may take the eitizoiiB
who compose the militia organization, but
cannot take the organization itself. Now,
any purpose founded upon the protection
of tbe mere organization must fall, for the
organization itself is gone, when all
its materials aro gone. I ask you, air,
where will be the militia organization
which the Constitution has so carefuily
guarded and put under the States, after
conscription has performed its office of
taking all the materials of which that or
ganization is composed? Gentlemen argue
as if the conscription law respects and pass
es by tho militia organization; but how
does it respect it, sir ? All its men and
all its officers aro taken away by conscrip
tion, provided they fall within the pre
scribed ages of 18 and 45 years. Gentle
men argue as if, aftor all the fighting men
aro gone, Georgia would still have the
satisfaction of retaining a proud array of
Generals, Colonels, Majors, Captains, Lieu
tenants, Sergeants, and Corporals, without
a man to pull a trigger. But, sir, she is
spared this mockery—this pretense of re
specting her militia, for the conscription
act leaves her not a man, nor an officer,
unless he is exempted by age. This whole
controversy turns upon the moaning of
“ militia.” The advocates of conscription
say that it means nothing but the militia
organization. I say it means tho fighting
men of the country, whether organized or
unorganized. This is the issue between
us. To decide it satisfactorily, we have
but to look into the Constitution and see
what pov/ers are conferred upon Congress,
and wbat powers are reserved to the States
over this militia. The power is not given
Congress to call them forth, but only the
power to provide for calling them forth.
The calliny forth must be done by some
body else*. Congress cannot even make
provision for calling them forth, except for
some one of the three great emergencies
whieh have been named; and then each
State has the Constitutional power reserv
ed to her of defeating the call as to her
own militia, by refusing to appoint , the
necessary officers, or by abrogating the
appointment of such officers as may Hap
pen to 'exiist at the time.
Why Idave Congress free to constrain
the citizens of this, country into their ar
mies in trines of peace, and yet withhold
the hand of Congress from touching a mere
mijjtia organization, except for the great
purpose of executing the laws, suppressing
insurrection, or repelling invasion? Were
'fcjiet framers of the Constitution sq.: * ,?J '-
Btupki ? Is it possible to believe it
a stain and aBhame u.
for sense, to suppose that 1
sible emergencies • and then to suppose,
lurther, that they have failed m thoir. in
tended protection to that organization,
since they have left it to be destroyed by
the removal of all tho materials of which
it is composed. Tho advocates of con
scription placo the framers of the Consti
tution m the attitude of stupidity.
impale th£m for the ridicule of. mankind;
they cannot rescue them from this position.
I do rescue them, by imputing to thorn.an
intention which is easily read, and which
we should naturally expect to emanate
from the men who had just achieved their
liborty at tho price of great blood and great
treasure, an intention to shield personal
liberty by limiting tho cases in which com
pulsory military service could be requiroa,
and the greater inlontion of shielding State
Rights and State existence, by leaving.to
each Slate tho power to withhold her citi
zens from any compulsory scrvico which
she might deem destructive to her ®^ ,s "
tence. Gentlemen who cannot read these
great purposes in tho language used, must
bo blinded in prejudice—by the foregone
determination not to see them. They do
not see them, only because they close their
eyes to them. According to my reading
of the Constitution, all the citizens ot all
the States are protected from compulsory
military service to tho Confederate Go
vern meut, oxcept in those great emergen
cies where none should be protected; and
eaoh State is armed with a power to pro
tect horselffrom tho danger of having her
fighting men forced into a cause which she
may eondomn, or deem injurious or de
structive to herself. According to my
reading of the Constitution, tho guards
which are thrown arouud the power of
Congress to provide for the calling forth of
the militia secure objects of gigantic im
portance. According to the reading of the
advocates of conscription these guards se
cure nothing at all. I defy any gentleman
to point out to mo one sngle useful or ra
tional purpose that is served by them.
Their alleged protection of the military or
ganization is useless, so long as all the
fighting men of that organization can bo
taken away from it by Congress. But
that alleged protection itself is an inven
tion—a myth. It don’t exist and can’t ex
ist as long as th e organ ization, w hich they al-
logo to be the object of protection, is left
to destruction by, removing its materials.
These gentlemen stand here to day in tho
attitude of affirmfng that thoro is a power
outside of Georgia which can come into
her borders, and rightfully drag all her
fighting mon into its armies against the
will of her citizens and against her own
will. After this, let gentlemen cease to
talk of Georgia’s sovereignty. When all
her fighting men can bo taken away from
her against their will and her own, by an
external power, she has, and can have no
sovereignty left. To talk of sovereignty
after that is a mockery; it is an insult ad
ded to injury and robbery. Throw such
sovereignty as this, sir, to tho dogs! Don’t
insult men trained in liberty by thrusting
it in tlioir faces.
I stand here to-day as the advocate of
Georgia’s sovereignty. I deny that any
power has deprived or can deprive her of
fighting men against their will and her will.
The conscription law which undertakes to
doit, is against the great charter of the
Constitution. Ir. my judgment, sir, it is
void, and forms no obstruction to the ex-
weise of Georgia’s rights—tho exorcise of
Georgia’s sovereign rights, to protect her
own people from invasion.
I do not propose to resist those uncon
stitutional laws by arms. I propose to
leave them to the administration of the
courts, wherever their administration
property falls within tbe sphere of the
court; but while I do not propose to resist
them, I do propose that the Legislature of
Georgia shall declare its opinion of them—
itsdoiiberate judgment that they use an en
croachment upon the sovereignty of Geor
gia. I would also accompany this declar
ation by the practical assertion of the right.
I would have Floyd and his forty militia
men ordered out under Georgia’s retained
right^of keeping troops in war for her own
protection, and have them to stand upon
tho seaboard as a monument of Georgia’s
sovereignty, to be seen and known by
Georgia’s sons, by her invading enemy,
and by the whole world as a monument of
Georgia’s sovereignty.
But the advocates of conscription, de
parting from the constitutional construction
of the power, have entertained us with the
presentation of the dreadful consequences
which would ensue, if Congress were de
nied the power which they clai m. Wo
are told that any Government which lacks
such a power is deserviog of contempt.
Sir,doos the government of England de-
servethe contempt of mankind? Willuny
naan read her history and look at her pros-,
exit position, and dare to mako such an af- - *
firmation ? And yet sir, the government
of England has not the power of raising
armies from her citizens by compahuou.
We are told by Mr. Haliam in his Consti-
, tutional History,“that the powers do not.
belong to the British Government under
the British Constitution. He tell us,;it is
true, that it was exercised by the Parlia
ment, but was afterwards receded froutJj&S. j
cause it was unconstitutional. It was ex
ercised by the-Parliament;again, but was
confined to such persons only, as 'Had no,
occupation, that is to say, it was confined
in its exercise in the second instance to
vagabonds. The British statesmen 00111$: -•
not be found who would
the Briti;
