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SOUTHERN CONFEDERACY
0B0.
jTSenly SMITU,
W. ADAIR, „
editors AMD rRorturreas.
V. SMITH. M. D
J. s. CARDOZO
ATLANTA, GEORGIA:
Sunday! January is, 1863.
. ABUkST DAILY ■aBCjtLATloa IN THE STATE.
A*- HKK D'«UWT PAGK."W
COBCrcait—Anotbcr Duty.
Another thing Congress should at once at
tend to, is to prescribe some method by which
letters can be transmitted by Express when
nny one desires to do so. As the law now
exists, it prohibits tbe transmission of letters
or any mailable matter, by any other con
veyance than in the mails, except such mail
able matter be inclosed in Government ttamped
envelopes. The law will not allow the Ex
press Company or any other person or com
pany, to carry letters out of the mail, oren
by plaoing the foil amount of postage due on
them in common postage stamps, and haring
them defaced by a Post Master, nor by pay
ing oxer to the Post Office Department, in
monoy, the amount that would be charged in
postage. A letter, to go outside of the mails,
must be in a stamped envelope— a government
stamped envelope—and in no other way can
it go outsido of the mails
This regulation could be endured if the
Government would furnish the stamped en
velopes, but this it has not done, and in ail
probability will not till the war is over.
In these war times the mail is emphatically
a ** slow coaoh,” and very unreliable; and
this we say without intending any reflection
upon the Department or any of its officers or
agents, from tho highest to the lowest, for we
know nothing against them, and have no rea
son to supposo -they do not discharge their
duty as faithfully as they possibly can; and
until we know of something, or have eery
strong reasons to suspect their remissness, we
shall not make any complaints against them.
We now complain of something for which
they are -not responsible, and whioh they
cannot help; the great hardship and injus
tice of a provision of law tor which Congress
and not the Post.Office Department or its of
fleers, is i esponsible.
Then we say the mail is a slow and uncer
tain coach. There is neither certainty nor.
celerity connected w itb it We get our Rich
mond mail two or three times a week, and
many tittioa we get Richmond papers after
they aro a week old. The same may be said
or our letters, not only from Richmond, but
from every other direotion. Sometimes let
ters and papers from Augusta, are two days
in reaching us, and three days from Charles
ton—though the trains very seldom fail to
come through.
We have have noticed that express packages
come through with far . greater regularity
and certainty. The Expreaa Company nearly
always manage to bring their packages through
wherever the train comes. They have a better
system of transacting and expediting business
They arc not lied down by the endless and uses
less forms and follies which the laws of Con-,
gress and the regulations ol the Post Office
Department impose on their officers and agents.
Parcels sent by this company are always (except
in case of accident) received soon after the train
arrives upon which they are due.
Then the Company is responsible. .They make
good the loss of any parcel or package while in
their hand* ; but not so with the Post Office.—
On account of this certainty, celerity and ie-
aponsibility many persona would like to send
valuable or important letters by this means in
preference to the mail, which is not reliable, ex
peditious, or responsible in case of loss. Yet
the law forbids . the Express from carrying any
mailable matter, even it the person sending it
should first go to a post master and pay him the
fall postage on it. The law will not allow it to
be sent by express, except in Guvcrument Blamed
envelopes, and does not furnish the envelopes!
It is cruel and wrong; and the imposing ot such
disabilities on freemen and good citixeus is
uujtutifiable on any consideration. Neither the
good of the Government nor the country is
subserved thereby. If men prefer to send letters
or papers by express or any means other than
in the mail, and are willing first to pay to the
Government the amount it would charge for
carrying it, wa think they should have the lib
erty of doing so, and that it is tyranny to deny
it. if the Government exact and receive irom
a citizen the pay it wonld for carrying it, we
can't aee any good sense or justice in forbidding
Itis seqdiAg it by any other mode he may choose,
whether that payment be in money, or in stamps,
er stamped envelopes; and by-all means an
impossibility sbotrid not be required—such as
the law now imposes—that of requiring letters
sent by express to fee inclosed in Government-
stamped envelopes, while the Government fails
to famish the envelopes. We treat Congress
will remedy this wrong, from which the business
men of the Confederate States suffer—no telling
bow much.
There are hundreds of Confederate officers
who make large disbursements ol mouey, and
who have to return their vouchers to their re
spective departments for examination. It would
be a aetious matter to these officers to lose these
vouchers; and many of them will not trust
them in the mail, but are willing to send them
by Express because there is more certainty of
their reaching their destination, and because the
company it responsible in case of their loss;
and almost daily officers of the.army.telegraph
to the Poet Master General for special permits
to send their accounts .by express. That officer
aende back by telegraph a special permit, and
then the account is carried to Richmond, with
the dispatch granting the company the permis
sion to carry it attached, so that ail the agents
of the company through whose bands it may
paas can see that it goes by permisaiAa. This
ridiculous and nonsensical routine is gone
through with almost daily.
The Express Company is one of the moat
useful institutions in the country. By the
promptness and energy which is infused into all
its officers and employees; by its most admira
ble system of business and the responsibility
which it has assumed and always met, this com
pany has the well deserved confidence of the
country; has established a reputation that is
most enviable, and ia really an indispensable
public necessity. We wonld be glad if the
government wonld learn wisdom enough to
adopt some of the Admirable features of their
method of transacting business.
The people feel any disability that is put upon
them ; and we trust Congress will rescind the
very unjust and useless fcatureof the Post Office
laws to which ws have alluded, and adopt some
equitable and convenient method by which let
ters may be transmitted outside of the mails,
when persons choose so to send them.
Fr.m the AaaaiU Chronicle 4 Seat ne), Jan. 18.
Decision ot tbe Supreme Court of Georgia
on tbe Constitutional!ty of tbe Enroll
ing Aeti or tbe Congress of the Confed
erate States of America.
Supreme Court of Georgia, Fifth District, at
Milledgtville, November Term. 1862
Error 1
, C. S. A. j
Asa 0. Jeffers, Plaintiff in Error
vs.
John Fair, Enrolling Officer,
Application for Discharge, under Hab.’as Cor
pus, before Judge Harris, at Chambtrs : Ap
plication Refused; and Writ of Error.
Judge Jenkins delivered the opinion of
the Court, as follows:
The sole question, presented by this record
for the consideration of the Coart, is the con
stitutionality of two acts passed by tho Con
gress of the Confederate States; the ono,
approved April 16th, 1862, entitled “ An Act
to further provide for the publio defence ;
the other, approved September 27, 1862, en
titled “ An Act, to amend an Act, entitled an
Act to farther provide for tbe public de
fense ”
From those Afcts alone, the defendant in
error derives his authority to hold the plain
tiff in custody ; whilst the latter admitting
that he is within their purview, insists that
they are unconstitutional, and the authority
claimed under them void.
it is enough to say of those Acts, in this
connuclien, that they authorize the President
of the Confederate States to call out, and
and place in the military service of the Con
federate States for three years, unless the
war shall have been sooner ended, all white
men who are residents of the Confederate
States, between certain ages, who are not le
gally exempt from military service.
The Court, deeply impressed with the im
poriance of the question, and the responsi
biiity involved in its decision, have not failed
to give it careful and anxious consideration.
The inquiry and the course of argument pur
sued, bring onder review, the following
clauses of tbe Constitution of the Confede-
•rate States. They are contained in tbe 8th
sect on pf the 1st article, and numbered as
herein noted.
“Tho Congress shall have power
12 To raise and support armies; but no
appropriation of money to that use shall be
for a longer term than two years:
15. To provide lor calling f.irih the mill
tia, to execute the laws of ihc CouiederatA
Slates, suppress insutrictioes, and tepel in
vasiot.s:
16. To provide f.r ur^au z ng and discip
lining tbe tnillila, i»Tk1 'for governing such
pari ol them as may be employed in the ser
vice of the CoiKtil t »te Stiies, reserving, to
lire States respre ivrlj, me appointment of
'the t.ffi. era, anil ne authority of lruining the
militia a-e<-r<iii.g >o the discipline prescribed
by Congress.
18. To make ail laws which shall be neces
sary qm* prup. r, for carrying into execution
ibe foreg tug powers, aud all other .powers
vested by tut* Constitution in the Govern-;
m ui of me Confederate States, or in any de-
periuieiii thereof."
lie lore considering the extent, and proper
construction of tho grant of “power to ram
armies," contained in the 12th clause, above
recited, we must distinguish between it, and
tbe grant of “power to call forth the militia,’
Ac , contained in the 15th clause. In th< ur
guaient presented against the constitnlfouaJi
ty of tbe Acts in question, we are called up
on to construe these two clauses together, as
parts of the same grant. We regard them
as wholly distinct. Armies raised under the
12th clause are instrumentalities wheireby
Congress exaentes the power to carry on war,'
whether offensive or defensive, whether on
our own, or on foreign territory. The indi
viduals composing armies, are separated from
tbe mass of our population, -and withdrawn
from the ordinary civil pursuits during the
lime of their inlistment, whether in peace or
in war. Armies are at all times, and in all
places, subject to the Government of the Con
federate S<ates; they are, at no time, and un
der no circumstances, subject to any Stateau-
tbority.
The militia may be defined, a body of citi
sens, enrolled for military discipline. They
are enrolled by State authority, with refer
ence to State boundaries; they are organized,
officered and disciplined by State authorities,
the Confederate Congress having authority
(for the sake of uniformity) only to prescribe
tbe mode-of organization and' discipline—
They are nol separated from the mass of their
fellow-citizens, nor withdrawn front their or
dinary pursuits, save occasionally for drill,
or for special, aud usually short service, in
the field.
For such special service they may be ca 1
ed forth, either by the authority of tho State
wherein they are enrolled, or by that of the
Confederate States, bat the power of the lat
ter to call them forth, is limited to three spec
ified engagements, v.iz; to exeente the laws
of the Confederate States—to suppress insur
rection—to repel invasions. It is apparent,
then, that they cannot be used in. offensive
war, on foreign soil.
Armies raised nnder the 12th clause, consti
tute the physical force, in conjunction with the
navy, mainly relied upon for national defense
and exclusively for offensive, extraaterritoria
war, in the assertion ol national rights. The.
militia are, when called forth, citizen soldiery—
designed to be used in the specified emergencies,
at points where there may be no portion, or an
inadequate portion of a regular army. They
are not intcuded, at any time, to be merged in
any army of the Confederate States, nor to be
substituted for it ; bat as a separate organize
lion to como in aid of it. Doubtless, the Con
stitutional provisions relative to the militia
were adopted in furtherance of the American
policy of maintaining small standing armies in
peace. But the grants ot power “to raise
armies," and “to call forth the militia," are en
tirely separate and distinct—are not to be « n-
strued together, for the purpose ot restricting
or enlarging either. Any sneb attempt must
lead to the most embarrassing contusion, the
necessity of avoiding which became apparent in
the coarse of the argument submitted, and
seemed to call imperatively for this preliminary
distinction.
It is insisted “that the Confederate Congress
more force than its armies thus raised and its
navy, its only resource ia to call forth the mili
tia ol tbe States.”
It is clear, under the view we have taken,
that the Congress can raise armies under tlie
12th clause, only by voluntary enlistment, or by
compulsory enrollment, and we are now asked
so to construe the grant as to limit them to the
former mode. The limitation now considered,
is as to means only; whether or not there will
be any other Constitutional limitation of the
I tower, we will hereafter consider. The acts of
Hongreis under review, authorize compulsory
enrollment of citizens.
The clause ot tbe Constitution, in virtue ot
which tho 'powcr'thua exercised is claimed, is
very general in its terms—neither specifying nor
irohibiting any means. Let the phraseology be
ixed in the mind oi the inquirer. “Tho Con-
;resa shall have power to raise armies," &c.—
janguago could not express a broader, more
general grant of a specific power. We look in
vain for the limitation to voluntary enlistment
as a means. Is there any difference between a
grant of “power to* raise armies,” without su-
peradded words of limitation, and a grant of
unlimited power to raise armies"X We think
not. Yet, had the latter form of expression
been used, who would have affirmed the exist
ence of the limitation now insisted on t We
understand tbe rale of construction, in such
cases, to be, that “an unqualified grant of power
gives the means necessary to carry it into
effect." But the proposed limitation reduces
the grant to a “bare authority to raise armies
*>y accepting volunteers." Now, this idqn, and
he idea of “a power to raise armies," are
widely different; and not less so are tbe terms
appropriate to the expression of the ono and the
other. Presuming that the framers of the Con
stitution used the .words employed, in their or
dinary unambiguous significance, we hold that
the clause ex vi termini, expresses a grant of
powci—of power commensurato with the object
—of power ovor the populations of the several
has no power to raise armies by compulsion,
but la wholly dependent lor military forces opon
| tbe voluntary enlistment of men; and if it need
States, entering into and becoming component
parts of the Confederate States of America.
Undoubtedly, voluntary enlistment, as a
means, would always be preferred, when effica
cious. to compulsory enrollment, but in many
cases, a limitation to the former, would render
tho power barren. So obvious is tho necessity
of compulsion to render tho grant effective, that
those holding the position we combat, admit
that it may be resorted to, but only through the
~^ency of the several States. The admission
. aces compulsory enrollment in the relation of
incident, to the power to raise armies. But
their v ew imputes to the framers of the Con
stitution this absurdity, viz: that having dives
ted the Statos of the powers to declaro war, and
to raiso armies; and having vested those powers
in the Confederate Congress; and knowing that
the latter power would bo incomplete without
compulsory enrollment; they, nevertheless, left
it exclusively in the hands of the States. Let
us resolve this logic into the form ol a syllogism.
Compulsory enrollment is a proper incident of
the power to raise armies; the Confederate Con
gress have, and the States severally have not
the power to-raise armies ; ergo, the Congress
may not, but the several States may, resort to
compulsory enrollment.
Again, if the grant contained in the 12th clause
(which we have thus far considered per se,) fall
short of authoring the Congress to resort to
compulsory enrollment, in execution of the
power, surely the defect is supplied by the IStli
and last clause, which applies equally to all the
preceding clauses of the section. It confers
“power to make all laws which shall be neces
sary and proper for carrying into effect the fore
going powers," &c. How docs this comport
with the idea; that should compulsion become
necessary in tho process of raising armies, the
Congress must appeal to the States to use it t
- We have held that the power to raise armies
fs separate and distinct from the power to call
forth the militia, and that , the only means, to
which Congress can resort in execution ot the
former . are voluntary enlistment and com
pulsory enrollment. Conceding then, for the
argument, that the. latter is not authorized by
the 12th clause, we are constrained to hold that
it is authorised by the 18th clause, whenever
voluntary enlistment shall fail; or shall cease
to-promise necessary results. We by no means
concede, that in a time of flagrant war, the Con
gress would be constrained to wait until that
resource had been wholly exhausted of success
before resorting to the other means.
Under suoh circumstances, promptness is an
indispeusable element, in raising armies.
Delay would often amount to failure. That
scheme which promises tho greatest attaina
ble promptness and efficiency, is both nodes
sary and proper. Of these, tho Congress
mist be the judges, because in them is vest
'd the power, and upon them rests tbe re
aponsibility of declaring war, and raising
armies to prosecute it.
ffiose.who wiuld thus limit the power of
Congress. M-t-.i-t to forget that voluntary en
list ment i- aot mentioned as a means in the
Constitution. Upon what, then, rests their
limitation ? Clearly, on their own notions of
fitness and propriety. And upon these points
how variant are men’s ideas ? They are ref
erable to no criterion, measurable by no
standard. Somothing more weighty than
vague abstractions, must be invoked to iu-
duce us to fetter the Government, in the ex
ercise of a power, upon the vigor of which
depends our national existence
But it is further-argued that the proceed
ing by which the plaintiff in error is held in
custody, under whatsoever of the Constitu
tion attempted to.be justified, .is virtually a
calling forth of the militia, and violates the
Constitution in that, it takes from the States
the power of appointing officers of the mili
tia, so called forth. Thia argumeni. rests
upon the fact that the men now being enrolled
for service in the army, have beep previous
ly enrolled by the States as militia-men.
The simple and obvious reply is, that the
status of tho citizen is not merged in the
militia-man—that the fact of enrollment with
the militia, does not exempt him from other
duties, and liabilities of oitizenship. If it
were so, and if the militia be so sacred a
body that tho Confederate Government can
not touob the individuals composing it, then
would it be improper for that Government to
seduce them from it, by the offer of bounties!
and wages a3 an inducement to voluntary en
listment. The consequence would be, that in
times like the present, when our access to
foreign populations is cut off, the Government
charged with the oondnet of the war would
find it impossible to raise armies; and the
clause Of tho Constitntica conferring that
power, would bo a dead letter, when most
necessary to “ the general welfare."
The points remaining to be considered, are
resolved into this—that the power claimed is
violative of tbe spirit (if not of the letter)
of the Constitution—incompatible with State
sovereignty—and subversive of the State
Governments. Having, as we think, estab
lished the existence of an express grant of
the power claimed, we might well decline en
tering into so wide a field of inquiry as that
thus openei. The task would seem more ap
propriate to a body clothed with authority to
make, or to alter, and amend the Constitution.
Yet, as it has been pressed with great ear
neatness, and, ne nnder our peculiar institu
tions, it is desirable not only that the Nation
al Government should possess necessary pow
era, bat that its possession of them, shonld
meet the public opinion, we will consider this
view.
The objection rests upon this basis—that
throughout the Constitution, there is mani
tested an intention to transfer from ibe States,
previously invested with all political powt rs,
to tbe Confederate Government, only such of
them as are necessary to the attainment of
the end for which it was established, leaving
the residuum unimpaired with tbe States.—
The intention, and its recitude, we fully re
cognize. We acoept it, as a governing prin
ciple, with the Convention that framed, and
the several sovereign peoples that adopted it.
For the ascertainment of tjieir intention re
garding the power in question (“ to raise
armies") we propose a candid aj plication to
the end in view, of this cardinal principle, in
the circumstances surrounding them.
It is eminently proper to stale first, the
end proposed to be accomplished by the adop
tion of the Constitution. A careful perusal
of the instrument cannot fail to impress upon
the mind of thoinqairer thesignificantfact, that
in the distribution of powers between the
State and Confederate Governments, the reg
ulation of internal affairs is. left with the
former, whilst the external relations of all
are committed to the latter. From this we de
duct two inferences—First, that the former
were deemod fully competent to regulate the
civil conduct of individuals, and to promote
their domestic prosperity in the aggregate
,nd, therefore, all power necessary to those
purposes remained with them. Secondly,
that they were incompetent, severally, toman-
age successfully tbe vast machinery otJnter-
national relations; and, therefore, for this
purpose, a common agent was constituted for
them, and invested with necessary powers.—
The controlling inducement, then, was the
better and safer oonduct of foreign relations
—the great end aimed at, the embodiment of
suoh strength as would deter encroachment,
repel invasions, and defend right, in those
efations.
Our constitution, (with a few exceptions, not
affecting thisdnvestigation) is a literal copy of
the Constitution of the United Slates, under
which our States, until recently, confederated
with others. Tho experience which induces its
adoption was our experience. Whatever light',
therefore, may be derived from American histo
ry, and whatever authority from eminent actors
in the political arenq, between the Declaration
ot Independence, and our Secession from the
Union, are legitimate aids in the further prose
cution ol our inquiry. The Constitution oi the
United States had been preceded by articles ol
confederation among tho States, being their first
experiment in a bond of Union. It had been
tried in war and in peace, and had been found
defective. Prominent among the defects'thus
developed, was a want of power in the General
Government to raise revenue, ond to raise ar
mies. The general Congress had authority “to
defray charges of war and other expenses out of
a common Treasury but that Treasury "was
to be supplied l>y the several States—tho taxes
for that purpose to oe laid by their several Leg
islatures.'’ It had authority only to agree upolt
the number of land lorccs, and to make requisi
tion upon each State for its quoia." Our fore
fathers learned from experience, gathered in the
Revolutionary war, that requisitions upon the
States for-ih>nr several , quotas of land forces
were rot met with equal promptness. The
The States most remote from the seat of war,
and least affected by its ravages, responded
tardily, or not at all. Similar difficulties and
delays occurred in raising revenue. Hence re
sulted two serious consequences—the full num
her of forces agreed upon by Congress, us
necessary lor defense, was never supplied, and
the burthen of the actual supply of men and
means pressed unequally upon the States. It
will be concedeilcd that in furnishing her quota
of men, each. Sta-c had the power ol compulsory
enrollment, and in furnishing her quota of
money, the power of compelling the payment ol
taxes.
But the defect in the system was that the
power of making war was vested in the General
Congress, whilst the powers of raising revenue
add armiek, remained with the 'States. The
Congress could neither act directly upon indi
vidual citizens nor compel the States to do so.
It’was to remedy these defects in the old system,
that the Iram'eraof the Federal Constitution
proposed to give such ample power .touching
armies and revenue to the new Government.
The first testimony wo adduce of the de
fects iu the anioles of Confederation, and
the appropriate remedy, shall be from tho
Father, ol. his Country. Gen. Washington,
whose position as Commander-in Chief of
the Revolutionary army, gave him a clearer
view of these detects than any eotemporikry;
could possibly have, writes thus in 1781, (ill
the midst of that war,) to John Park.e Cus-
tis, his friend and relative, then a Senator in
tho Legislature of Virginia.
After insisting upon the “necessity of
having a permanent force," instead of “tem
porary enlistments and a reliance upon the
militia," he continues: “ It must be a set
tled plan, founded on system, order, and
economy, that is to carry us triumphantly
through this war. Supineness, and indiffer
ence to the distresses and cries of a sister
State, where danger is far off, and a general
but momentary resort to arms when it comeB
to our door, are equally Impolitic and dan
gerous, and prove the necessity of a con
trolling power in Congress to regulate and
direct all matters of general conoern. The
great business of war can never be well con
ducted at all, while the powers of Congress
are only recommendatory, While one Btate
yields obedience and another refuses it, while
a third mutilates and adopts fhe measure in
part only, and all vary in time and'manner,
it seems hardly possible that our affairs should
prosper, or that any thing but disappointment
Can follow the best concerted plans. The
willing States are almost ruined by their ex
ertions; distrust and jealousy ensue. Hence
procted neglect and ill-timed compliances,
one State waiting to see what another will
do. This thwarts all our measures, after a
heavy though ineffectual expense iB incurred.
DA not these thing9 show, in the moBt striking
point of view, the indispensable necessity,
the great and good policy, of each State
sending its ablest and best men to Congress;
men who have a perfect understanding of tbe
Constitution of their country, of its policy and
interests; and'of vesting that body wlthoompe-
tentpowers? Onrindepen'dence, our respecta
bility and consequence in Europe, our great
ness as a nation hereafter, depend npon it.—
The.foar of giving sufficient powers to Con
gress, for the purposes I-have mentioned, is
futile. * * * A nominal head, which, at
present, is but another name for Congress,
will no longer doi That honorable body, af
ter hearing the interests and views of the
several States fairly discussed and. explained
by their respective representatives, mnst
dictate, and not merely recommend, and leave
it to the States afterwards to do as they
please, whioh as I have observed before, is in
many cases to as nothing at all." (7. Sparks’
Writings of Washington, 442, 8,4.) We sub-
mit whether anything short of the Constitu
lion as it now is, and as we consume it,
would meet the views of Washington, as here
expressed.
Whilst the adoption of the Constitution by
the people of the States was an open question,
its opponents insisted that those provisions were
inimical to the liberty of the ritizeas, and that
they wonld render the general Government too
strong, and the State Governments too feeble —
Its advocates drew their replies from tbeir rev
sent experience in peaee and in war. In the
State Conventions assembled, to consider and
adopt or reject the Constitution and through the
medium ot tbe Pres-, these conflicting opinions
were urged with unrestricted freedom, and with
the unsurpassed ability, evinced by tbe states
men of that day. In those discussions, the con
centrated lights of history and ot reason, were
brought to the aid of a pure and elevated patri
otism. V\ e quote, in this connection, from tbe
arguments oi distinguished advocates of this
power, partly becanae their opinions are of
themselves high authority, but chiefly, because
those opinions having prevailed, we arc justified
in assuming that their reasoning was accepted,
in the adoption of tho Constitution, and in
treating it as an index Of intention.
In the Virginia Convention, Mr. Madison
said: •> ■
"The power of raising and supporting armies,
is exclaimed against, as dangerous atm unnec
essary. I wish there were no lit-cessi'y jI
vealiug this power in the General Government.
But suppose a foreign nation to declare war
against the United States, must not the general
legislature have the power of defending the
United States! Ought it to be known to foreign
nations that the General Government ol the
United States has no power to raise and support
an army, even in the utmost danger, when al*
tacked by external enemies t Would not their
knowledge of such a circumstance stimulate
them to tall upon uat If, sir, Congress be not
invested with this power, any powerful nation,
irompted by ambition Or avarice will be invited
>y our weakness to attack us; and such on at
tack, by disciplined veterans, would certainly be
attended with success, when only opposed by
irregular undisciplined militia. Whoever con-
aiders the peculiar situation of this country, the
multiplicity of its excellent inlets and harbors, and
•.he uncommon facility of attacking it, however
much he may regret the necessity of such a pow
er, cannot hesitate a moment in granting it."
He then shows that the lack of the power, dur
ing the revolutionary war, had driven the Gov
ernment to purchase torcign aid by si cession oi
territory, and concludes: "This fact shews the
extremities to which natipns will go in cases of
imminent danger, and demonstrates tho neces
sity of making ourselves more respectable. The
necessity of making dangerous cessions, and of
applying to foreign aid ought to be excluded,"
—(3* Elliot’s Debates; 112.) No candid mind
will imagine, that Mr. Madison was here affirm
ing the necessity, whilst lie deprecated it, of
conferring on the General Government a simple
authority to accept volunteers for national de
fense, iu a. moment of pressing danger.
Mr. John Marshall, (afterwards Chief Jus
tice U. 8.,) iu the progress of the same de
bates, speaking of the powers to raisereveu-
ue and to raiso nrmied, says: “What are tho
objeota of the national government?-To pro
tect the United States, and to promote tlie
general welfare. Protection in time of war,
is one of its principal objects. Until man
kind shall cease to have nmbition and avar
ice wars will ariBe. The prosperity and hap
piness ol' the people depend, upon the perfor-
manceof these great and important duties of
the goneral Government. Can thoseduties be
performed by ono State ? Can one State pror
tect us, aud promote our happiness? How
theu oan these things be dono ? By the na
tional government only. Shall we refuse to
give it power to do them ? We are answered
that the powers may be abused ; that, though
tbe Congress may promote our happiness, yet
they may prostitute their powers to destroy
our liberties. This goes to the destruction of
all confidence in hgentij; Would you believe
that-men who had merited your highest con
fidence, would deceive you ? Would you trutt
them after one deception? Why hesitate to
trust the general Government ? Tbe object .of
our inquiry U ; Is the power necessary, at d
it guarded ? There must be men and money
to protect us. How aro armies to be raised?
Must we not have money for that purpose ?
It it then necessary to give tho gov
ernment that power in time of peace which
the necessity of war will render indispensa
ble, or else we shall be attaaked unprepared.
* * * * * * * * *•
The propriety of giving this power will be
troved by the history of the world, and particu-
a'rly of modern republics. I defy you to produce
a single instance where requisitions on sevrral
individual States composinga confederacy, have
been honestly complied with. Did gentlemen
expect to see such punctuality complied with in
America? If they aid, our own experience shows
the contrary. We are told, that the confedera
tion cartied us through-thc war. Hsd not the
enthusiasm of liberty inspiried ns with unanim-
y, tbe system would never have carried us
(trough it. It would have-been much sooner
terminated, had the government been possessed
of due energy. The inability of Congress, and
the failure of States to comply with tho const i„
tutioqal requisitions, rendered our resistance less
efficient than it might have been. * • If
requisitions will not avail, the government must
have the sinews of war Borne other way. Re
quisitions cannot he effectual. They will be
productive of delay, and will ultimately be in
effectual.”—(3. Elliott's Debates, 226.)
Again, speaking of the danger of foreign
aggressions “he said ho would give the genera.)
Government all necessary powers. If anything
be necessary, it must be so to call forth the
strengh of the Union, when wc may be attacked,
or when the general putposes of America may
require it.”—3. Elliot’s Debates, 233.)
[to be continued.]
A. C. WYLY & CO.,
WMOLRSALB
G »i O C .1fl. H M
Commission Merchants,
At ibelr Otrt Minna,
Corner of Peach-Tree and Walton Sts
ATLANTA, GEORGIA.
1 fCll PBIMK TO CHOICE OL1I PhOUK-» NEW uttf.
L*J\J | Mna finger. ft sale by
A. C WYLY 4 00
1 ROftBOXKS TOBACCO FOR BILK BY
A,UW A O WYLY 4 CO.
RA TIERCES KICK FOR SALK BY
w A. C. WZLZC
/COUNTRY JEANS F0B*8AL1 BY
V A. O. WYLY. * CM
50
BARBELS TANNER’S OIL FOB NAl.lt BY
A. C. WYLY A Ota
Two Years Ago
GEORGIA SECEDED.
Monday, January 19th, 1863,
AT THE ATHtNEUM,
The Atlanta Amateurs
Will Celobrate the Anniversary by giving one of their
GRAND MEDLEY SOIREES
The Entire Proceeds for the Benefit of the Differ
ent Societies of the City.
T BE immeneo number of Sick ant Worndel Soldiers
at this point calls for hearty ard continuous assis
tance. Let all attend who can, and thereby contribo'e.
to the relief of the cofferers In the reernt battles
W. H. BAKNE3,
JanlT Manager
K BAGS BIO COFFEE FOB 8ALB BY
u * n. wryi Y A i
150 8A0K * 8ALT r0R 8AUE BY
A. O. WYLY A bu,
nuvSd-tf Commission Merchants, Al" •:>
TO ADVERTISERS.
gUSINESa MEN Who desire n 8r»t OHMS' -
Advertising Medium-
For the whole Confedertto State*, will find each au ot*
in the
Confederate States/
Railroad Guide.
Advertisements will be received at fSO per pegs, atr
fractional part, thereof at th* earns rates. Addram all
orders for advertisements, or the book to
U.-P. HILL A CO,
Qriffin, Georgia.
OJL. Liberal commission to tbe trade. jan6-tf
1000 Lb * C0PW “ (i “ fMS&O 4 CO.
janl-TIm
sa* Ftraaleby
W. F. HERRING 4CO.
F INE CLrey and Bine Ca abneres .fine Staff Buttons acd
Stare for Officers Uniforms. F< r sale b;
Jsnl7 1m
B LACK Sewing IUk and Machine Twist. Fur sain by
W. F HERRING A CO
JanlT-lm
TO SHIPPERS OF FREIGHT.
I N consequence of the extraordinary demands made-
npon our Roads for. Transportation, by the Confede
rate State* Government; together with the existence of a.'
state of circumstanc**, over which we por opr.Agei.te can
have any control,notice ienereby given, that the Western.
4 Atlantic, Macon 4 Western, and Atlanta 4 W< at-Poiut
Railroads will aot ha<salter receive, transport,or stor^
HANDSOME RESIDENCE FOR SALS
I OFFER for sale an eligible Residence on Greenville
street, Newnan, Ga., with six and one-hair acta, of
lend, in a high state of cultivation, attached L.eiHnt
has eight w«U finished rooms, with fiie-plsres. closets,
pantry. Sc Out buildings numerous and convenient:
Handsome flower garden and fine yr ung nrcbatd. mild
ings ail comparatively new. Pomeesiongiven immediate
ly. Apply to the subscriber, at Newnan. Ga
janlS-Zw JOUN 3 BIG BY.
LAND FOB. HALE.
] r SELL itttii acres of Land, within forty min-
L utee drito of-the centre of Atlanta, between four and
ve mfleejon the Weftern 4 Atlantic Railroad. Some
oottom Land and well timbered, with time settlements
?6r ?^U“?mcnliS^“;V b ^ ,eb ' 0f ^emdlgrmneotn,.
•jatis-tf J n. JAMES, Broker.
ENGINE FOB SALE.
■*??»* Wlnahip’e
-o 36-inch^obera, Stjeet'fon7; one Worthington
j ' “*^" i
Apply to
--— P^rnp. btr^
a Urge quantity .f
lot of 8-inch Copper Pipe;
liver. All will be sold to-
low for
JanlO-Im
CAPT. WILLIAM MCCONNELL,
Atlanta, Georgia.
HOUSE IN OXFORD TO BENT.
mHE HOUSE is in Oxford, Georgia, the seat of Emory
CMlege, forty miles from Atlanta, on tbe Georgia
BaQroad, has seven huge rooms and two small ones, from
ten to fourteen acres of land attached. Avery desirable
place. Apply to GJOrrari 8 Stewart, Oxford, Georgia
ju>16-]m
128
ON CONSIGNMENT.
SACK 8 SALT, for sale by
dec26-lm ' PEASE A DAVIS.
WANTED,
AT THE
ARMORY OF HOOK & BROTHER,
ATHENE, OEOBGIA,
Machinists, Blacksmiths, and a tew Cabinet or
I’altern Make s.
XTOR all g.iod Mecaanic*, permaneut employment and
I) good wages, during tha war, will begiTen. They will
be detailed for service at their trai’ee, instead of entering
the Army, tbe eatae as Government band..
decSS im COOK 4 BROTI1KB.
30 Hogsheads Sugar,
WHOLESALE AND RETAIL.
40 Boxes Star Candles,
WH0LE9ALE AND RETAIL.
Liverpool and Va. Salt*.
.WHOLESALE AND RETAIL.
At [dec23-tf] KBWARDY'8.
. . , . , —ievlng t
ihadi from all liability for lorn or damage
JOHN 3. ROWLAND,
Superintendent W.4LLL
Io\AU SCOTT,
President M. 4 W.-IL K.
GKO. 0. HULI,
Superintendent A. I *. P. B. ft.
Atlanta, Nov. 28,1 62. novzfi U
New Clothing Store.
niHt subscriber having recently located in this cit>
X speetfhUy invitee attention to his large and varied
aortmpntof Goods in the Empire House, on Whiteba *
street, formerly occupied by Dr. Cleveland as a Dty
Good* and Clothing 8tore. The stock ie principally Ree
dy-Made Clothing, meetly made to order, and tbs wnrt
warranted.
My assortment comprises almuet every garment wn-
•ary for Man. Youth* enddfoyk, from medium to Urn floor
quality A good variety of Button*, g--n«ral amertwM V
of Molmkiu and Cashmere lists, boy* •*?*, ."J 8 J* 1
mime* and children’* Shoe*; a quantity of Light Good,
and a variety of Trimmings for Ladies’ itremm; a geuttaf
assortment of Fanpy or Show-Case Good., hum common
the finest in the market. An earl, «U I. mltritod. ^
LIFE 1N8PBANCE,
THE QEORGIA HOME IBS0RA1ICE COMPANY,
Capital 1290,000.
DR JAA'F. BOZEMAN, President.
JAA '• “ D. F. WILQOX, Secretary.
Life Department sit Savannah.
AARON WILBUR, Actuary.
DU. K D. ARNOLD, Ooatnliing Physician.
nOLICIES are isntel on the lives of white penoc-s, old
^ on very favorable term The security is
Tery Ubeial.
aU nec<
S. D. NILES, Age hx.