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BV N. S. MOItSI .
TP.iiMS.
Til- SMkPXLY
A. SKNTINJfct
I'* PbUIMihI livery rUfiSIHY,
AT
iiOUitilii mu ANs « t
ALUiVU IN lUVAHdB.
rint<Mi»r AVceKli' AittMllaenuiii*
OuociAiij* Advertisements, published . «.:o a
■reex.m Daily, or Weakly, tevrt and a Kalt ton
per line, tor each osrrtloo
psciai. Nonets, t,t, othtt per Une for Ue lint
useiuon, and eight e:< ;er line for eact scbse-
Dispi.avsd AaVsemtitters, <<•, ten(t per line
or eaoh iniortinn.
•** L»»*! i» ~nu p’ee«#At. Xo». * r fifty
each. <> itTi jA&fnr y hn etntt vet .nt.
Prom \ Itglule,
Ia» litutaQtnnd l)i# •ich of Mot. g.ves on lie
t intif of on eu,< qrenieOt at tßAtk-muu's Kerry, on
in* BfieiK.itoi,in.,i, in Dark county, Va. The
»r;a<ay, whose m tin lore »is bettered |a bare crons.
*d the I’olu.uac into Loud.ia county, ettemp . 'l to
•brow , Urge iuiiy of troop* across the Bhemiu
do ah 4t the point iraignat. and, with the aepp eu-d
nt-ntioit ol moving upon W inebeater C site
•»<»>• • Furry 1 . . i the direct road from Le. .urg
lj Wiuclwsi jr, and and about seventeen i-ultra
troin tin I«H’ r point, ad übuu. three n.ili., dig
lam Iro u S .iekuiMvi le, Loudon county, whizi is
J'lit at the foot ot tin! iliue Itidge. A brigade ol
Wen. A. I’. UHl's division guarded the Ferry ou
tile Went sale ol the nvsr, and the Fedctal |..rceff
approached |rnm thu emtini or Loudon iide
When the cnetny v.aio within range our j.nc.a
were (■pomid on to o, .md a busk artillery dad
throe fn'ii ~Tu! un hour onff'ied, wbts-swei u!ted
tr» the so rap: terepulae of tho Yankee*.—.'fir gutur
to nay rn>. ino lh« Ountederute aide wa In
jui., : vbtU. i!i in ‘iny’e ioae is known to hare
need ahoat orl> . led and marly one hundred
(rounded A'lcrd'i* enemy retired, a hag ot trace
was aent in request.ng permieeion to remore their
wounded aiui Joeiy their dead
There iff a report that a pot lion of the cavalry
ot (lonera! Stunt attacked a body ol the enemy's
uavidry in th i in ij'libor'bood ol tVafsitlou, Oil. f,
killitig three, wounding ».,nie fifteen o; ni'eeri,
and luki" r • re a or eight prisoner*, aererut horses,
mid it .0 ]. r.,lile uumb-r of aworda and car
bin.,a, ami p.atoln, wliiih the t,maty Uire-tod them
delreii nl ,n ~,eir fiigfit. 'i h.-y Were leireuting
*•»«« 1 * >•> wit lipo-I them fu.i inode, and euch
was the opi. .1 tub which it Was made that utter
rout Wan lilt C Mis. ljuonoe,
Thu i\;tur„iimy Hkpiose any 8 it is currently re-
P Ol ! ' f J among the otiue.salOulpeppei Courthouse,
on Wi-Jue.s lay, that (ieo. T. J JuCkSuu had m
■ .inter i ; J ;,i *e cnquiaud, near Herr)tilie,
tdar„e county, Vu , nod yM. l.in, a vary strium
dt'l it Oil' ••my was Mai reported to ha net.re,
on this ,< d■• |t‘ Ifleo ijge, with theespectn
100 u m ii AioCi 1 o’rt fore a. The onomr is
f oigiii uearly to
Witri'mitou Junction, but wiiethi r be would iO
mpt tmt i In, if loch u o ibo'.ght the Cauiedalwtea
won id oil i 1 i-ii, :j < u matter of coiioidef able
slabatt ( ; 1 inadc waa aeeq hutweeu
OoCftoiixriii . . t ('..lp 0p.., (,'ou.-!b»usa tiibiiug
tOl • ■)', cid ail the indications i,, : o
Jr «no.i in i‘n;, ip.'n id, il lli - ilankeos wouiil only
Bland tltuir P ol !. I, : I Uvcept the otter of buttle
Tin Uinli" and Fviin.Uir, ol the Bth, says
lb ".i iLi'o i, ■ t.f iicVt that tho oiitniiy cou
tetri|d i, , i nl,' i■■ . .. at against lviolmioi.il
t roni the i' ati. ;■ ie Thei arc said to be IfOp'Ot)
tin 'mh on ilu iiiie id tlic .Norfolk and iVteio
burq Knit**>l.l I, bcU an Sutt'elk and the ii.uclf
wut.. r l iver, ,ii a report reached here last even*
mi' tbftt n • (liidiffOtial forco wore lauding
from tmnsp . sonic point ou toe o'oanoke
ri -r, >■ l : the .I,- * ii ol marching upou Weldou,
and <m liny ,i! nr railroad communication with
(he South. U I, ul bring prepared to say ((but
impnr-aac uhl In. utt cited to this rumor, wo
huv re,- ~n to f. no iv that no movement ft on) that
quarter is I.holy to fake the Government una
wares.
:kbi>liiiuu VrtiidulivMi <>u (tif’t'OHAl—Oil
iMic.'Snoi s .li H.irh«—«uai
l*!K iN»»ro«».
A wheio r-p; nout of m grpe«, commanded by
white uflicrt, , uom t’ort Royal, lauded at F ruau
f.liUH u . Al ! in.j’.M.t, it iii thought to be tor the
porpMi ii relieving e white regiiaent lilUwW >t
tbut place.
The etan <■ Mol nglon tuddnly crossed over
11 Si Mary.-i with a < 'UMmay ol negroes, niter a
a Milan in dostr.iyiu,; U.o a't work ion the Florida
oaet ninth ol Fori'Midia i There were, at the
time ot her arrival, but thro- old ladiea, the only
white pi rgopH who remained, with n lew negroes
belonging to them, ut St, Maui. The negroes
were taken Irom 11. in and toi end on board the
Darlington. 1 n making the s*Luro, the officers
u inert a.I they would sciv.e all they cau lay hold ol
A Mm. Monk boinj* threatened by n negro with
bayoneliug, uppeah.d to hia ihiptuiu lor protection,
and rec ited tor answer, that uo protection would
lie giveil bet iinlea ' sfis wont with them. The
piek.T on duly ui St. Marys tailed to give uotiee
ot the upproaeti ot* the etiemy.
On Thureduy, sth, an Ab ililiou steamer visited
Itariou very i..ly in the mornimi Alter Bung
ahree 4-pound puns, they landed anil broke open
the stoi 00l Lt. Simon fate, of the militia, and
look ntf fate and hin etleoU, leaving but a barrel
at whiskey and some articles ot no value, fate is
looked upon us a suspicious character, ub be was
seeu drinking with the Abolitionists as the boat
lelt the wharf. Hi hud ample tune to make good
his esoupe, if lie wished to leave, before the steam
. r approached. The Abolitionists tired upon ltr,
ItOi 'iea, who was iu Darien professioaully visiting
thesis* 1 at that plan bu. without hitting him A
force was pushed forward from a camp near Dai -
on to meet them, but did not succeed in reach'ng
iliat noil! Ibe enemy had left, us after com
mitting what drpi'Odut'eos tin > could, they moved
off hurriedly
Un Fndav last two of '.lie enemy s steamers
went up the .Mipelu rirci Alter Wing at Ken-
Um K'i **s t'b.i.'. »ih’U. they robbed bitn ol hie ue
<ro. s, üb.iur f" i:• in uuu. rr, leaving but one
with lion, a King i iieai Sdyturs ot age, and
..ry feeble. His wife is uieo wry old and feeble,
being t>«.ereely able to le »vj her mom Mr King
would b ve bv.'U taken with b'J negroes but
tor tbu eniraaiivs ol hie daughter. The Abolitto’.-
Ists yvi him on da\ to remove, and threatened
that thov will bom the place if he does not go.
Thr enemy then wtiil further up the Si.pelo
cojd captured t)ol. 1) McDonough and u few ot bis
■ ."g.iio -f! -y .and o burnt nut the place ot Obi 0.
sl.Uopkn a .Tiny nett veiled Copt Brails!)rd’d
plaute.aou, where ' were met by Captains
liruiilonfs ahd Hughe ■ commands, when an in
counts; took place i •» loss ot the enemy could
not be a«ornamed, as their barges were highly
boarded over ilu . idea. Gut bovn behaved wu! l
■jud sustained no hisr The Abolitionists wtre
-itlaiiod with if.- ir jrtceptieli, and beat a hasty
retreat.
iiVe If urn that the n serxble wretches, not sat
,-died with s'oaling uegioes and other property,
neve destroy. J ih orange gio>cr in Fiorina by
cuitinp down ti e tree.-, beoidea committing other
acts ol t antin', nn in the destruction ot private
property.—So; i ».ah tupubucan.
i>’TSKESTiM> ruun Pensacola.—A correspondent
o! thd Mobi Tnbuue wul. as* follows iron! Pen
sacola
Thera nfo twenty vessels of war in the harbor,
ot winch t untie r three uv ircm-ciad. Hilly Wi!
»on nu tH i' :un >-> have been ordeied to Sew
Orlesmi. There ureouly about 2SO soldier* in the
Citr of Pensacola H>« I’oulederate etesmtr Ala
bama, while auewptinir t<> tun the blockade for
Mo!) If, was coplnr, •! and is now in Pensacola.
Thirty MOi.i’ra • ave btt'u com tmaru.led and
sentenced to be httn.r for cursing the 1 UU'U hag
\ tv occurred in Pensacola on the Sith Octo
ber One eutire square, near the railroad depot,
was consumed. .
Ooniul a ' .is not burned uv the t ankeo a* re-
P °The ueSTroe* belonging to Mr Jas. Gonsales,
nod left m char ,• .'! hU premise* alter bat ng
annronrh ted t! Valuable movables, set tire to
tb! boos, s att,i !. •; tor IV’. ’lit 30 do«V to
rejoice orer their exploit an.on ; s. their hr*
Je«oU’ i to be Hardin. between Pen
aacnla Pe 1 ivl ' t JlonlgomW Hie dl.-guise
fs complete Major Jeff. Myers. Florida ckvairy,
would do well to keep hi* everpen tor the scamp,
and if caught garotte bint ofl.
l'iie markets v't Pensacola terribly conflict with
ouis \ Coffee jai> cents', imgar lfiaX*, lard 1'
cent- • it *"• ier bbl, bucoo ecttree tt 1««15.
So rice in market. Candles -Jt'akS for Star, aud
$1 SeafJ.i'O for sperm The advance on this par
ticclar article. 1 resume, is owing to the pranks
of the “l . 'Flout Adaie per -bbT.; Philadelphia
whisky at fi1.50 per gallon.
'■s%-t —People putting up meat will find ih.it
tbev cat. snre and make bacon out ot tlunr frtsh
meat with a very small quantity ot «..'t Ihe pro
cess is to use brine aloue—covering the meat with
H after packing closely. 1 die unie fortbe meat to
remain, ot cou>se, is determined by the .htektiesa
—a tew days tor light meat, just killed, will anewer
In this war the same brine can be used again
and again, boiling it alter using it on the meat
Tubs, tarrels. Ae., to put u in i* all that i» want
ed to sure a large quan.tty 0 t aalt that is tow
wasted One bushel, with ordinary care, will go
a* lar as tire with the uiusi oarytui management
by the ordinary process Cold water will not dis
solve eo much as warm, by about one-fourth
The meat wiii take only enough to cure it in
this way,—•/aciso/.i^.ssts»^ojssufc,
iO’jjrouiclt &
-
*)'£( IAL yHihSAk.lt.
ErrccriT* OirastdaNT, ,
Mil, ffrenviLLe .Nove&.bcrß, !*fi2 t
Id th* JirMUt a*4 Routt of Rejirenerittiiam:
The gieat atrugg'efor lihoriy aud indepeirJcnoe
lo which tv have been engaged deling the past
year, sgamat a powerful and relentless enemy has
caliuJ uot only lor Iht-etere's , ol the liimvd en
ergu-S ot oar vr iio’e pe.i,i!'j, but to. tfce todkt ost
ly gucrince* ol blood uud tresßure. (' her. we look
at thematcHal o! woloti thd armies ot lb a couUmd
log parties are eomposso, wo ean Lut esclaim, how
uui quaf tha content f In the ot the dijulh
are toeod her noblest and best aontt, w hose valor
npon the buttle field has boon unsurpassed, and
whose U.Odd in abandiiif profarnon bus been poar.
ed out, a rich aacrifico upon the aluff if liberty.
The .Vorthern armies, ou the contrary, bare beau .
cniiipoeed, in a great degree, of imported foreign- |
ersaiiJ [.iUpurs, and cl the w urn', classesot N(.*tb j
era society, who haye served as mercenaries, i
wlioka destruction, in many iGStancea, has bseu
rather a re! at iban u mist, .1 me tq aoemty. But
the does not stop hen. Tbo iioi rea
whlob prompt the people of the two Beotinn s to
protrict the wa.-, are as 4|fi'-(i9 it ai the maty rial
in which the two armies ure ocuipasid is nn'ike.
The people of the North are fighting for p .wer
and plunder, the people of the .South lor the liber
ty end independence Os themselves a.id the:;' p va
lent y Our enamies have it in their puwc •• to
slop the w ir whenever they are content’ to do ju»
lice and let u* atone. Wo can lUiVo. atop fighting
whila they c mtiuue to attempt oni uubjuga'.iim,
but must prosecute the war with rigor, <t oreis
ry, to the espeaditure of the last dollar and toe
tledtlnctmu ol the lout hlita. UWe utesubjug-atr.l,
let it be only when we tir., exterminated v/«
» r. turn In c; and though it oe upon (hs battle
field, we should die flee
• hie I bSieve to be tho unanKUoue aenti m*at
of the people oifieorgia who l:..vc, oil tins q is
tioo, Uid aatde ai p.ii ty divisions aaJ and iff area .eg;
and have, from the ooDiPieucemstit ol the struggle,
promptly discfmrg and their whole driy to the
cause and to their bruthere of th v other C t-ted
erute Hutea ffot a requiaitioa has been n< .<le
upon Georgiu by the l'rewden! of the f'.a
federacy for assistance which haa c.,i. betn met
without delay, and in every cure of requisition on
tlie rftate lor troops, more in >n bar ) bee teedsf
ed than were required.
In the face of this proud record, uo plea ol
nec s.i'ty could he set up, so far ae Georgia was
eonesrnud, (and 1 believe the remark will apply
generally to all the Staten,) for the passage of any
act by Gongress to raise troops, wbi'di either m
Iringed her eoußtttulionu! riphta or d.srcgar led
her sovereignty. The Act of Gongress of Hdi
April 1 let, usually known as theGotid riptiou Act,
in my opinion, dove both, mi.! iinut ouly a na p
able violat'd) ot tbo Coiistitution of the GonlVii r ■
ucy, but a dangerous assault upon both the rights ,
nt i Royereigmy oi the States Who vtippased,
when w-'eiiier-rd mlo thi I revolu lion foriiiy !e
1.1.( iol State Rights against Federal aggros. i .u.
that, in a little over one year, the persons ol the
tree fi m citizens of tbs leapective Hi tee would
bo icgarded aud claimed, while at home in pir
suit of their ordinary avocations, as the vassals
of the c nti ui power, to e like chattels, ord nod
and disposed ot at pleasure, without the consent,
aud av«u over the protest of the tjt.it, a to which
they belo igp and fiat he who ra sed his voice
ugumst r.ncb luurpati n would be dauouuctd by.
the minions of power as untrue to the cause s-i
dear to every patriitic Southern heail: Aud
who that has noticed the worku.. a of the con
scription po icy, Will say that this picture is over
•Tawnt Not only the rigli:* and the sovereignty
ot the States have be. n disrc..aided, but the in
dit idual rigjts ot the ciliz in have be-n tramp ed
under fool, and we have by this policy been re
duced, tor a uuie at least, to a state bordering up
on military despotism
This extraordinary at ha been defended,
however, by two classes of individuals, upon two
di3tmct grounds. The liratclass admit its uncou
stitiitionulity, but just ly iio passage upon the
pita if necessity, und say that iv.tbout it the
twelve uioutbs volunteers could not have been
kept in the held in a time ot groat emergency ;
and further, that the Constitution is u m.-re lope
of sand in the midst of revolution The 3ecc!>d
class justifies it on fie ground that Congress had
ihe iight under the Constitution to pass it.* Is
i ilhor correct'r
To the first, it may be replied that ilia plea of
necessity cannot be set tip, till it can be shown
taut the Slates wheu ca led on bad neglected or
relusod to fill the requisitions made upon iheai
for troops by the President. Again, iu refeicnco
to the twelve mouths troops, it should be remem
bered that the Government only calb and on them to
volunteer fer that period before they lelt their
homes, a id the coutroct clearly impliad bolweeu
them and the Government, was tout they should
faithfully serve it, and do nil their duty us soldiers
lor that period, anl that they should have nil the
rights of so Client, with the legal pay sad allow
ances, aud should iu good iaiih bo cisohat go J and
permitted to teturu home at the end of that time.
The Government cannot, therefore, be justifiable
in violating its continet, and noting in bad failh
towards them, no mattes bow great the etuorgen
cy may have he. n, unless it can be shown that the
Government, by the exercise ot due foresight
and energy, could not have supplied Until - pluc.s
in time to meet the emergency. The fuel that
they were twelve mouths men was wall known to
the Government troui the time they entered the
service. Why then were not requisitions made
upon the Stales for enough ot troops to til! their
places a sufficient time before the expiiation oi
their term to have men in sufficient numbers
ieadv for service? Hut admit that the Govern
ment had neglected this plain duty till it was now
too late to get the men from the States in time to
meet the crisis, and that it had on thv nccuaii
become ni,*es-ary tor it to violate its contract
with the twelve months men, to save the cause
from ruin; was it then necessary to pass a general
Conscription Act to accomplish this pnrpom:
Could it not have been done by simply passing
au act compelling all taelre mouths men, of every
age, to remain in service for ninety ravs, as all
under I* aud over 8 1, though not conscripts,
were compelisj to do' This would have given
the Government three months more oi time to
provide against the consequences of iis form-r
neglect, and ruse the necessary force, and would
hare loft the troops, in the meantime, under (he
command ot the officers appoint.; 1 by the States
as provided bv the Constitution. Tim emergency
would thus huve boeu met, more ot justice been
dune even to the twelve mouths volunteers, ar.d
U'< dangerous precedent at War with ths constitu
tional rights of the ettizeu and the sovereignty o!
the Btutt* would hate been establishsd. It must
also be rtcollected while upon this part of the
subject, that ths net, by .to plait: letur, deprived
ihe troop* who had volunteered for the war, in
response to call* male-by the .Mates to fill requi
sition* made upon them, of the right to eiect their
officers, when so author sod by the iaws of their
respective States, and fiavo them commissioned
by iheir State authorities and 'hai it established
a system ot piomotion c-i officers in violation of
lhi* light ot the troops, aud authorized the Presi
dent to issue the commissions. What pressing
necessity existed to justify this act of palpable in
justice to the Bh.te volunteers, who had entered
the Confederate service at the call* of their respite
live Stab s for the war, with the consiitut unal
fuaranlv that their officers should be appointed
y the Slate*, and witu the mnher guarauty Irom
the .States, us in this Stale, that tbev should have
the right to elect those wno were to command
them? But it is said by the first class of advo
catea of consef.puon, that the Constitution must
yield to the exigencies ol th-- tinru », aud that tf.ose
in authority may violate itwhenuec ssary during
the revolution , if go it of course follows that those
m authority must be the judges ot tlio necessity
for its violation, which makes their will the su
preme law ot tße tau.l II this were the intention
ot the people, why u.J they tono a Constitution
at the beginning of the revolution, and why did
liter require ah our Senator* anj Representat.veu
in Congress, ail the members of the Legislatures
ol ire several States, aud all t v. entire aud judicial
officers ot the Confederate Slates, aud of the seve
ral States, to take an oath to euppmt this Con
stitution
\\ ties the Governor ot this Siate, aud each
member of the General Assembly took a solemn
oath to support the Constitution of the Coofeder
ale Slates, no exception was made which relieved
them from thenb.igabout ot lb* oath domic the
revolution ft. a fact oh. ji.t be remembered by
those who admit tl.e violation ft the OoDsbtui’o*-,
butsaiereiy e-asuretbe putiic"ffioor, *' -, t oe to
his obligation tbross h;iuse!f in the be.-uch for
the support ot tne Constuutiou agaiust the Uaurp
nrpstioD.
I here dismis3 the first class of sdvcc and. s, aud
tuiu to the justification set up by the second,
which, from its nature, howeTer unlounded, is
enutied to more respectful consideration. Does !
the Constitution autborix? Congress to pas* an ,
act such as the one new under consideration?
The advocates of this power in Congress rest
the case np.o the lith paragraph of the sth sec
uoa 0 [>,* first article of the Constitution of the
Coßt-H’orii - h * an exact c«py of a
situ:lar par grapl ot th. - atue artic.e and section
ti.e Cjosi iuu .u ot he Unued States This
paragraph givae Congress the power “ to raise
and support armies.” The advocates of coi>s.i ip
t ou take this single clause of the Conetiiution
alone, and cor tend that it does not define any
particular mods ol raising arouse, and that Con
gress has the power, therefore, to raise them ei
ther by voluntary eolistment, or by conscription,
or coercion, as it may judge nest.
The Convention which framed the ConsMlutioi
of the United States, of which ours is a copy, so
far as relstes to this point, must bs supposed to
have used terms in the sense in which they were
AUGUSTA, GA.. TUESDAY MORNING. NOVEMBER if. 1802.
1 atuaily nrxicT.ito» . in* tio'e. in «he Go-', c
, mem na'u. r.aa uu\j (.Bon their P*onn • .in
Which, as the dose; . j iiii i. riv, i t
only the terms used, b ■ their whaG- aystem of
language aud laws civi: tn 1 nsditory Ja placing
. a just coustructi >n npon tbs p!i[»*e tr “ raise
aruitea," as used tiv the t ff-nventian, we are, it-re
• ioTia, uaiu;*. .V led % • ciiifutrc i»x>W ar+iita umii
i teen, and w -r. at th:.' ran raised by the British
i GovcromcDt, from which ih» members of the
: OonreotKiu *‘ had deriyoti most of thoir ideas up ■
cn lhu subject. By fjlerecea t) the Icgielatijc
and hi-dor> of t .e British OoVti atEoat, it will be
found that tirmtes weiu not then ruid=J it» ibat
Government by cone ription , but gulv by v Ann -
thy eulielnttht. Thta was not only the case at
the time ol the adoption of the federal Couaiitu
t’oti, but had become the sst,tied uud established
practice ol that Uoyeraoieat, aft.,r deliberate cou
sidernliou ot the question, which fact saau.-t bj
presuui-d t,, bare b?ea unknown to the Ci-uveii
tioti wti-n they used tbo phrase upw u.ider cou
sideratiOß.
! Tbo terms used by the Convention having ao
: qtiircd a definite meaning well under stood aud
j (‘Cor nu >d oy ail, we cannot justly presume that
ihsuitmbersot tbs Coaveolion imeuded that (fuse
| terms w.en used by them, should be ncdeistood
jin a dttteieat senr.e bad this been their design,
: they would certainly have used such qualifying
brngcags as would hr... left ao doubt of their
1 intentina t ■> rejtct the ordinary acceptation of th*
i terms, and use them in a diffi're-q sense
| By reference to the constitddonal hintory of
Great Britain, it mtl b-> seen that a bill was at
i l iaptrd in 1704 'To reiruit the army by a forced
i con script*,or. of men from each parish, but was laid
; uaids as unconst tHtuiuil ” f. vvai trie.) in
j J 707 ».tti like eucceaa; but it was resolved instead
| to hriiig in a bill I r raising u sufficient number of
1 troops out o' su di parsons us have no lawful call
[ .ng or employe; -nt. A distinguished author says:
i "i'be psiisb ofiicers were thus enabled to pu-ej
man tor the iaod a -rvi e, a mutluid barJly iiiore
constitatioaai than the lormer, and liable to to or
uiOil -j abuses 1 Toe ac ivas leaiporury, uad was
temporarily revivtd ia 1757, but never upon any
later- occaiian. Tho Ucnvaution ot 1787 Bat tbirty
years alter the Br.tiso Government had abandon
ed the pol.cy ot comcriptijo, treu of p rsono bar
ing no lawful etcpluymant, as uncoostitutional.
The Coavcntion was composed mostly ot nitelti
gent lawyers, who were well acquainted with tbia
fact, which leaves no room to doubt that when
they gave Oongreas the power to “raise armies,”
they intended that the phrase to “raise armies”
should be understood iu the sense then attached
to it, uod that the armies should be raised by vol-
j uuteer enlistment; which was the only coustitu
, tmnai mode then known iu Great Briuiu or this
'country. It bad not only been solemnly deter
| milled by the ptoper authorities in the kingly gov
■ eminent of Great Britain long before the com
! mencemeat of the American revolution, that it wa3
i unconstitutional to raise armies by couscriplion,
! but even the monarchist government of France,
had not yet ventured so tar as so disiegard the
1 light* ot the subjects of that Government, as to
adopt tins practice, which pluses each mac sub
ject to it, like a chattel, at the will of him who,
under whatever name, exorcises monarchical p.,w
sr. The pract euot the Government ot the Culled
ijtateg was also nuiloimly against conscription
from its creation to its dissolution
iu view ot these facts of history, can it now be
just to charge tho gre land good men who teamed
our republican government with the grave mis
take of having conferred upon the General Gov
en ment of a Confederation of States, powers over
the persons ol the eitizms ol the respective States
w t oh were ut the lime regarded too dangerous to
be cxero s.d by the most absolute Furop.au mon
arch;! over thtir subjects?
W lieu we const! u all that is contained in the
Gonsii ution upon this subject together, the mean
i'ig is cleat beyond doubt The powers delegated
by the States to Congress, are nil it has These
are ch of ly enumerated ill the Bth section of the
Ist article of tho Coualitutioa.
Paragraph 11 gives Jougress power
“To declaie war, grant letters ot Marque and
Kiprisal, und make rules concerning Captures on
laud and water.
Paragraph la,
“ To raise and support jrmies ; but no appro
priation of money to that use shall be for a long
er tcim than two years;’’
Pmugreph 13,
“ To prov.de and mainta'n a Navy;’’
Paragraph 14,
“ To make rules for the government and regu
lation of the lad and naval forces.”
It it were the inleuliou of the Convention ti
give Congress the power to “ raise armies” by
conscription, these four consecutive paragraphs
gave plenary powers over the whole question of
wai and peace mimes and navies; und it could
not have been necessary to add any other para
graph to enlarge a power which was already abao
lute un i complete.
11 Congress possessed the power under the 12th
paragraph above quoted, to compel every officer
aud every citixen ot every Stale to enter its armies
at its pleasures, its power wrs as unlimited over
tire persons ot tho officers ana citizens of the
States, as ihe power of the most absolute monarch
iu Furopo over was over his subjects ; utid it was
extreme folly on the part oi the Convention to
.i tempt to increase thi.i ahsolu‘B power by giving
lo Congress a qualified power over the militia of
the Htu'.ea, wheu its power over every mui com
po.ing the militia was unqualified and unlimited.
That the Convention was not guilty ol the strange
absurdity ol having given Congress the absolute,
unlimited power now claimed lor it, will bo seen
by reference to the two ntxt paragraphs, which
give only limited powers over the militia of the
tSiuies.
I’aragrapli 15 gives Congrecathe power
“ To piovide for Coifing forth the militia to exe
cute the laws oi the Cootaiicrate htates; suppress
insurrect ons, and rep.T invasions;’’
Paragraph 1 <!,
“To provide for organizing, arming and dis
ciplining the militia ; and for the governing such
part of them as may be employed in the service
of the Confederate Slates, reserving to the .States
respectively the appointment of the officers, and
the authority of training the militia according to
the discipline prescribed by Congress.'’
Now, it must be admitted that Congress had uo
need of the limited pow er over tho militia of the
States, which is giv.n by the two last paragraphs,
if it possessed under the 12th paragraph the un
limited power to compel every rnau of whom the
militia is composed to enter the military service
of tho Confederacy at any moment designed by
Cougreos.
When the six paragraphs above quoted, are
construed together, eac'a has its proper place and
lie proper meaning; and each delegates a power
not delegated by either of the ethers. The power
to declare war, is the first g.ven to Congress;
then the power to raise aud support armies ; then
the power to provide a Navy ; tbca the power to
make rules for the government aud regulation of
tho land and aavui forces. Congress may, there
fore, moke war: amt as long ns it can do so by the
us»of its armies raised by voluntary oniistmsnte,
i which was the meaning of the term “to raise
armies,” when inserted in the Constitution,) aud
and bv ths use of the navy, it may prosecute the
war without calling upon the Slates lor assistance,
or in any way inierlermg with the militia But if
it should become necessary for Congress to em
ploy rr ore force than the army and the naty at its
command, in the execution of the laws of the
Confederacy, the suppression of insurrection, or
the repulsion ol invasion, Congress may then,
under th • authority delegated by paragraph 15,
provide for calling iorth the militia of tha .States,
for thise purposes When this is done, however,
paragraph 16 guards the rights of the States, by
reserving, in plaiu terms, to the States respect
ively, Ihe appoiutmenl of the officers to command
the militia when employed in the service of the
Couledeiate Slates This authority was regarded
by the Convention of 1757, as of such vital impor
tance, that they, with ulmost entire unanimity,
voted dowu a preposition to permit the general
government to appoint even the general officers
while the most ultra federalist in the Convention,
never sericusiy contended that the States should
be deprived ot the appointment of the field and
oumpuny officers. The Convention doubtless saw
j the grtai value of this reservation to the Slates,
I as tbe officers who were to command the militia
; when in theserriceot the Confederacy, would not
' b* dependent upon the President for their com
missions, and w ould be supposed to be ready to
maiutaiu with their respective commands, if ne
cessary, the rights of the States against the en
croachments of the Confederacy, in case an at
' tempt should be made by the latter to usurp pow
ers destructive of the ;overeignty of the former.
Oa the contrary , should the officers to command
j the militia of the States in the service of the Con
federacy. be appointed by the Confederate Kxecu
t .vaacd be dependent upon him or their commis
sion-- tnuy m-ght be supposed to be more wilting
iasnumenU m his hands, to execute his ambitious
dec . re, in c.-; of attempted encroachment.
When, therefore, the different delegations of
power are consti ued together, the whole system is
hirußomous. When Congress has declared war,
and has used all the power it possesses in raising
armies by voluntary enlistment, and p.rcviduig a
Navy, and still needs more forces for the purposes
already mentioned, it may then provide for calling
forth the mi-iua of the several States, as contra
distinguished irom its arm.ee aud Navy; aud
i here, for the hrst time, the Stales as such, have a
voice in tbe matter ; as Congress cannot call forth
I the militia without giving the States the appoint
i ment of the officers, which gives them s qualified
j power over the troope in the service of the Con
federacy, sod an opportunity to be heard, as
I Stales, ts the delegated powers have been abused
; by Congress, or the military force is likely to be
used for the subversion of their sovereignty.
As the residum of powers not delegated, is re
served by the States, they may, when requisitions
are made npon them for troops by the Confedera
cy, or when necessary for their own protection or
the execution of their own laws, call forth tbe
militia by draft or by accepting volunteers.
The advocates ot conscription by Congress,
have attempted to sustain the doctrine by drawing
■ technics! diafincllots betwaea the militia oi the
and/til the arm; bearing poop! •of the
-kt. ,-j, of whom the rciiitia is etaiposed. !a other
words, they attempt to draw a distinction betsweß
i a oompany of militia .%( ou ; bund.-id men in a
•iiairl’t, and the one bundled men of whom the
, company is composed. And while it is admitted
| .hat t. augicCa iitiUvt VBil fiutit tile eafhpauv liy
; conscript'an, but muet lake company with its offi
■ cers, u is contended that Ccmgreas may call lorth,
. not the company, but the one hundred men who
j jompo e the compatiy, by Cjascnplioß; and by
this evasion, g t rid of the fitate officars and ap
point its wo udiceru. This inodo enlarging tha
powers oi Congress a*ad evudiug tho Constdional
ng ts o! the Stair-, by uusubstaotial tecbuicali-
Ues, would stem to-be ebtitltd to resoett only on
account ot the distinction ot the uumes of its nu
thors, and n„'. ou account o! its logical truth or
tbo soundness of ’he reasoning by which it is at
tempted tu bo maintained.
It Uuiigre I, may get r. J ot the inuuia organiz*
l'-us at the States at <aey time, by disbanding
them, and compelling all the officers aid men of
whom they are composed to enter its armies as
conscrips, under effioers appointed by the Rresi
dent, the provision to the Conciliation which re
serves io tbe-Htafes the appointment of the effi
c is, t > command their militia, when etnployid
in the service of the Confederacy, is a mere nulli
ty whansver Cpngreaa chooses to enact that it
shall be a nullity
Again, it Oangcess has power to raiss its armies
by conscription, it has the power to discriminate
and say wh„m it will first call. If it may compel
ali between eighteen and thirty-five years of age
by conscription, to enter its anujes, it has the
same right to extend the act. as tt has recently
don.-, from 35 to 45; 3nd n it has th s power, it
has the pjw- r la take all between 16 and 60. The
Samo powerof discnaiimitiou authoriZ9S it to limit
it its operations, and ouly take those between 25
and £O, or to Gko any particuiarclass of iodivldu
nls it may J.gignate. Audit must bo borne iu
mind by the people that th; power to raisenr
rni c is a t unlimited it. Congress in times ot the
roost prutuuod peace, >u it is in the midst of tho
most devastating war. if Congress possesses the
power to raise arm.es by conscription, it follows
ibat it may ctiobaud the .~H_te Gov rnmenu when
aver it chooses to cornTder them an evil, as it may
compel every Executive in every State in the Con
federacy, every member ot the Legislature of eve
ry State, every Judge ol every Court in every
State, every militia otficor, and every other State
officer, to outci the armies of tha C mfederaev in
times of peace or w .;-, as privates under officers
appointed by the President; and may provide that
the armies shall b; recruited by the State officers
as fast as they are appointed by the States. Admi t
the power of conscription claimed for Congress by
its odvooates, ar.d there is uo escape from the po
sition that Congress possesses this power over the
States.
I; may be said, however, tha - the case supposed
is an exTerne one, and that while Congress may
possess the power to destroy the State Govern
ments, it never ‘Xercise it. II it possesses
the power, its exercise depends upon the will of
Congress, winch might be iufluenced by umbitloD,
interest or caprice. Admit the power, aud 1 ex
ercise the functions of the Jix.eutive office of this
State, yon hold your seats as members of the Gen
eral Asoembly, and cur Judges perform their
judicial duties, by the grace and special favor of
Congress, and not as matter of right by virtue of
the inherent sovereignty of a great State, whose
people, in tho manner provided by the Constitu
tion, have invested it3 for the constitutional p.e
rind, with the right to exercise these tuncliens.
For my views upon this question somewhat
mare in deiuii, and lor the siriOgest reasons whies
can ba given on the other side to sustain tbia ex
traordiuary pretension of power in Congress, I
beg leave to refer you to the correspondence be
tween President Davis aud myself, upon this ques
tion; a copy of which is herewith transmitted to
etch branch of the General Assembly.
lit my letters to the I'resident, will also bo found
the reasons which induced me to resist ihe execu
tiou of the Conscription Act, of llith April last, so
far as it related to the officers necessary to the
maintenance of the government of this Slate. It
may be proper that I remark, that my first letter
to the I’resideut upon this question in which I
notify linn that I will resist iuleiference with the
legislative, executive or judicial departments ot
the government of the State, though dated tho22d
of April, as it was expected to go by the mail of
tbut day, was prepared on the previous day, which
was the day the exemption act was passed by
Congress in secret session; of the passage of
which I had uo knowledge, nor had I ever heard
that such a bill was pending when the letter was
prepared.
The question has frequently been asked, why I
did jjnot resist tbu operation of the Act upon the
privates as well as the officers of the militia of the
State. But for the extreme emergency in which
thu country was at the time plac and, by the neglect
of the Coutedeiaie Government to make requisi
tion upon the State ior troops,to blithe places of
the twelve months meu ut an earlier day, and the
fact that the Conscription Act by the repeal of all
other acts uuder which the President had been
authorized to raise troops, placed it out of his
power, ior the time, to accept them under the
constitutional mode, I should have had uo heßile
tion in taking this course But having entered my
protest against the constitutionality of the Act,
and Congress having repealed ali other acts for
raising troops, I thought it beat on account of the
great public peril, to throw the least possible ob
structions, consistent with the maintenance of the
government of the Htate, in the way of tho Con
federate Government in its preparation lor our
defence. I, therefore, at the expense of public
censure which I saw 1 must concur by making tho
distinction between officers and privates, determi
ned to content myself till the meeting of the Gen
eral Assembly, with resistance to the execution
of the act, only to the extent necessary to protect
the State Government against dissolution, and her
peop'e against the massacre and horrors, which
might have attended negro insurrections in par
ticnlar localities, had the militia been disbanded,
by compelling the militiaofficers to leave the State,
which would have left no legal vacancies that
could have been titled by the Executive.
While the first conscription act made a heavy
draft upon the militia of the State, it left all be
tween thirty-five and forty five, subject to the com
mand of her constitnted authorities, in caße of
emergency; and with these and her officers, she
still retained a military organization. I did not
at that time, anticipate an extension es the act,
which would embrace the whole malitia of the
State, before your meeting. The late act of Cou
greßs extends the conscription act to embrace all
between thirty-five and forty five, and, ifexee.n
ted, disbands and destroys all military organization
tu the State -Not only so, but it denies to those
between thirty-five and forty five, the right guar
antsed by the Constitution ot the Confederacy
aud laws ot this Slate, to every Georgian to elect
the officers by whom he is t.. be commanded while
in the Confederate service, und have them com
missioned by tho.proper authority of his own
State. This privilege has been allowed to other
roops when called ;o the field. em
braced in the first conscription act, were allowed
thirty days to volunteer and select their own offi
cers from among those who, at the time the act
was passed, had commissions from the Secretary
of War to raise regiments. But even this limited
privilege, which tell far short ot the foil measure
of their constitutianal rights, 13 denied those now
called tor; and they are to be compelled to enter
organizations in tha choice c! whose officers they
have had no part, till all the old organizations,
with most of their officers appointed by the Presi
dent, are tilled to their maximum number. This
act, therelore, not only does gross Injustice to the
class oi our fellow citizens now called to the field
and denies them the exercise ot sacred conetitu.
tional rights, which other citizens, when they en
tered the service were permitted to enjoy ; but, if
executed, it takes the Major Generals and all oth
er militia officers of the State, by force, and puts
them under the command ol third Lieutenants ap -
pointed by the President, and leaves the State
without a military organization so execute her
laws, repel invasion, protect her public properly,
or suppress servile insurrection, which the ene
my now threatens to incite for the indiscriminate
massacre ot our wives and children.
We entered into this revolution in defence o
the rights and sovereignty of tbe States, and sun
dered our connection wim the old Government,
because State rights were invaded aud State sov
ereignty denied. The conscription act, at one
fell swoop, strikes down the sovereignty of the
States, tramples npon the constitutional rights
and personal liberty of tbe citizen, and arms the
President with imperial powers under which his
subaltern in this State has already published his
orders to drag citixens of Georgia, who are not in
miiitaiy service, from their homes, “in chains,”
for disobedieuce to hie behests ; while invalids
unfit for duty have too often been forced into
cutup and victimized by exposure whtoh they
were unable to enduie. This action of the Gov
vernmenl not only violates the most sacred con
stitutional rights of the citizens, but tends to
crush out the spirit of freedom and resistance to
tyranny which was bequeathed to us bv our an
cestors of the Revolution ot 1773. When the
first conscription act was passed we had just
§one .through a series of reverses which sad
ended the hearts ot the people, and the public
mind acquiesced in the usurpation on ac
count ot the supposed necessity. The Gov
ernment, presuming upon the advantage
gaioed by the precedent with the acquies
cence, fastens upon the country a second con
scription act uhioh not only detaches part
from ths State militia, but disbands the whole.
No plea of necessity can be set up for thia last
act. Instead of reverses, all was success at the
time of its passage. Our glorious armies had
driven the enemy, at the point of the bayonet,
from every battle field, during the most brilliant
summer, and fall campaigns to be found npon the
pages of history. These snecesses had been
achieved by men who entered the service as vol
unteers, and were not dragged from their homes
as conscripts. The term of service of the troops
wss not abont to expire at the time ot the passage
of the last conscription act, for they wt-rotiuG..
f ,*T*ry on?, iu for three years bribe .war. TANARUS: -
ddittooal number needed to reinforce thearmies,
fit we may judge irom the }>a-f, could be f.i nie.tt.-i
’ h? tha States under requisitions, in half the cat?,
|*t f.J with much less tbaii halt ib« expense whi.v,
1 .twill cost th : President to get them into servie»
1 aaoonaciipts.
j Jpndcr thosa circumstances, solemnly impressed
with a sense of ths ir.jastico ab mt to bo done to n
! iasge class of our fellow citixsna, under un act
| wilsh, ta my opinion, plainly violates the Cestui
| tuftiu of the Cunfedsmcy, and arik 3 a*wu the
.sovereignty ot the Status, I telt that J should just
iy r.rteit the couiideu :a reposed iu me by a jieo
: plfi who, ev.r jrulcus ot there tights, had opposed
vttrn resiatan e to Federal eusioaohmeuts, under
m s predeceasora, Jac.son, Troup, and Oilmat
: wire Ito permit the injustice, ana &l. u w the Gov
i e/naoeut ot tut- Glut to be vuntallf disbanded,
oui the right arm of her power sev.-red from her' •
Without first submitting the question ot the
Jit-hr to tho representatives of the ptoptc 1
(t herefore informed the President of the Coufeder
|*aW3tates, in a letter dated tfielcih ot last month
i~f oopy ot which is hereto appended—that 1
: wjiu’id til promptly with volunteers legally orgaa
a4. a requiaion, (which 1 invited,) lor her qrota
! oSthenew levy ot trooqis needed tiy the Govern
] ai*vt, but that 1 would hot permit the enroll.i -nt
dig uacripts under tha 'ate oouacriptlon act, till
1 voc thonid have time to meet, deli crate, and net,
i Voc have the pow-.tr to adopt .he proper measures,
and give proper direction to this question
Hiring the approaching wiu'er, the etumy will
mate every e ort in his power with large ti-ets
and armies, to lake oar si a rets city, over run a
latgi portion of our State, plunder our people and
earn ofi our slav.s, or in-iucc item ie niurder
Uio 'uiiocent and helpless poilion ~f our pupuia
ticu. At so critica 1 a uiomunt, tho portion oi our
inilita, who remain iu the Hintshould -bs « u
court red to volunteer %ud form ttiem-elv.o into
ettUit it orgauizattuus, ami should be kept wi’ihin
the Units ot the Siato to strike foi thoir wives
and ti-,ir cbildruu, their homes and their altars,
it a'l iur pepuifatiuo able to bear arms are to be
torwu by co .scrip ioo to leave the Slate in the
greatest crisit of the War, to protect more iavoied
points and our owa ettics are to be left an easy
prey U the euemy, aud our home3 to be plunder
ad by lia maiauding bauds without resistance, i
wiil no be privy to the deed You are tho repre
sentatiies of the people, and must make the doci
sion. 1 therefore conjure yon to stand by the
rights end honor of the State, and provide for tbo
protection of the property, tbs liberties, and the
lives of her people.
Hoa. T. W. Thomas, a judicial officer of tho
State of great ability end integrity, in a case
brought regularly before turn iu his judicial capa
city, has pronounced the Uongeription Act uncon
stitutional, iu argument which has not been, and
will not be answered. Since the decision was
made, Uocgress, as the report, has
passed an additional act, authorizing the President
to suspend the privileges oi the writ of habeas
corpus, in ail cases of arrest made under the au
thority of the Government, which was doubtless
intended to deny to the Judiciary tha exercise of
ns Constitutional functions, in this very case, and
which places the liberty of every citizen o! the
Confederacy at the mercy oi the President, who
may imprison any citizen under his order without
legal warrant or authority, aud no court dare iu-
Uri'ere to liberate the captive when the imprison
ment is illegal. 1 now submit the q ieaiiou ior the
consideration and decision of the Representatives
of Ihe people ol the Btate, whether tue Constitu
tional rights of her citizens shail be respected,
and her sovereignty maintained, or whether tho
citizen shall be told that he bus uo rights, and his
State no sovereignty.
The question is not whether Georgia shall fur
uish her just quota of men and means for the
common defence. This she has more than douo
to the present lime, and this she is ever ready to
do, so long as Bhe has a man or a dollar at her
commuud. But it is, shall she bo permitted to
lurnißh troops as volunteers, organized in accor
dance with her reserved rights, or shall her vol
uii-eers be rejected and her citizens be dragged
o 'he field as Conscripts iu violation of their
• igbts aud her sovereignty ? Shall the pompous
■ ri tensions of imperial power, made by a govern
-iv ut cousti'uted by the States as their common
agent, be acquiesced in, or shall the government
be ompelled to return to the exercise oTtbe poweis
dei gated to it by the Constitution ?
! am aware that it b s beau said by the advo
o tits of conscription, thut it is Uo time now to
oci err'v**. Ts ac? } it roilowa vim*, mere ia do
vespongibildy for, aud no restraint upon their
e mmission. Again, it is said we should first
■j. :lde whether we are to “have estates,” belore
w e undertake to define tho rights oi the. States.
vVe had Stateß wheu we entered iuto this revoiu
tion. We had States before the passage of ihe
Conscription Aets. Wo still have iStates, but if
Conscription is to be executed to the extent ol
the power claimed for Congress by its advocates,
we cease to have Btates, or to have constitutional
liberty or personal rights. The solemn question
now presented lor your consideration is, shall we
continue to have Htates, or shall we in lieu thereof
have a consolidated military despotism^
nIABTUU. CAW AND HABEAS CORPUS.
We were recently informed by the newspapers,
that a military commander holding a commission
under the government of ihe Confederate Htates,
bad issued an order declaring the ci’y of Atlanta
in this Mtate, to ba under ' martial law, and had
appointed a Governor and his aids to assume the
government ot the city. At the time this order
was published, the head quarter# of the General
by weom it was passed, and most of his command
were, I believe, iu anothm Hlute, over 180 miles
from the city of Atlanta. The order was issued
without any conference with the Executive of this
State upon the subject, und tho Governor appoint
ed by the General, assumed tho government and
control of the city. As you were soon to aasera
ble, I thought it best to avoid all conflicts upon
this question till the facts should ba placed before
you, and your pleasure, as the representatives of
the sovereign people of this Btate, should be
knowu in the premises. I consider this and all
like proceedings oti tho part of the Confederate
officers, not only highhanded usurpations, de -
pending for their authority upon military power
without the shadow ot constitutional right, but
dangerous precedents, which, if acquiesced in by
the people of this Htate, tend to the subversion ot
the goveunment and sovereignty of the Htate, and
of the individual rights of tho citizen. This or
der ot the commanding General was, after some
delay, annulled by the War Department.
The sth und 6th paragraphs ot the 4th Article
of the Constitution ot th3 Conlcderate Htates, are
in these words:
5. “ The enumeration iu tha of
certain rights, shall not be construed to deny or
disparage others retaioeu by the people of the
sevend Htates.”
6. “ The powers cot delegated to the Ccnfed -
erate Htates by the Constitution nor prohibited by
it to the States, -re reserved to the Htates re
spectively, or to the people thereof.”
Under these provisions oi the Constitution, no
department nor officer of tha Confederate Govern
ment has the right to assume or exercise any pow
er not delegated by the Htates, “each Htate acting
in Its sovereign and independent charade!lt tol
lews, therefore, that no Department or officer of the
Confederate Government has the right to suspend
the writ of habsas corpus, which is the highest
safe guard of personal liberty, nnr to exercise the
nigh prerogative of sovereignty, by the repre
sentative of which alone, martial late may be de
clared, unless the grant of power trem the Htates
to do so can be found in the Constitution. That
instrument declares ;
“The privilege of the writ of habeas corpus
shall not be suspended, unless when, in case of
rebellion or invasion, the public safety may re
quire it”
This clause contains a grant, by plain impiica
tion, o! the power to suspend the writ of habeas
corpus when the public safety requires it, in the
two cases of rtbellioti or invasion, but in no other
case ; and no further in these cases than may be
required by the public safety. But We look to the
Constitution in vain lor any grant ot power by
the Slates to the Confederate Government or any
department or officer thereof, to declare martial
law aDd suspend the laws aud civil process of the
States, (other than tbe writ ot habeas corpus,) in
any case or under any emergency whatever. If a
Confederate officer may, by a declaration ot mar
Hal law, set aside the laws and civil process of a
state in a particular city or other locality, at his
pleasure, he may extend bis order to embrace the
whole territory of the State, and set aside the
Government of the State, and may himself enact
® n< * a FPoint the Governors by which the
C p^,of Sta / e sllaU in future be controlled.
ls tbe Precedent in this case is to
b® f°' er& ted, this may be done by any military
®?“® a “ der ln »ny part of the Confederacy, who
hi» .Tl tO .- MI1<1 « 8 edict t 0 tti * and appoint
his executive officers to carry it into effect.
iMPßasaicmiT or ruvm property.
my duty 10 caU y°nr attention to an
“atter considered by the people ol this
jv*** a ,*,”.|ect of grievance. The power is now
by almost every military commandtr, to
tfj"*** *“• Private property ot the citizen at his
wtxboui any expressordtr from th- S e
arj of War tor that purpose; and in maDy ca-
the payment of any compensation —
thei officer, who is, in some cases only a Captain
“••“tenant, giving a certificate that the proper
ty has been taken for public use, which seizure,
aner long delay, may, or may not, be recognized
9 ff°y er o®ent; as it may determine that the
maked ° l PaC * not ’ authority to
lam aware that the Constitution confers the
power upon the Confederate Government to take
pr U* te P ro P erl y for pnblie nee, paying therefor
j net compengatio n; and 1 have no doubt that every
true and loyal citizen, would cheerfully acquiesce in
® Aercise of this power, by the property author
ized and responsible agente of the government, fit
all times when the public aeceeeitiea might require
lIL But I deny that every subaltern in uniform
who passes through tbe country, has the nght to
appropriate w:-a’ ht p -..; s *? .*.- 'ifc prot t.v ■ •
citizen with pa* .?;ng aide to show’ ,h u f
of the Govenii:: :;it f. : th# xer. o>' Utij high
pro: 1 gativo As o.tr \ e'j : * arc >• -t aw.irc . i th?u
proptr remedies for ; redress ..1 th.- „.«■ vrttc:.
hereinbefore mentioned, i respectfully suggest
that the G-.n-tul Aseemfily, ..p. r constderaiion cf
these question*, d-;. !,u. by rssoiutiuir or ol'tiw i.-.-,
t ieir opinion of the pow : of the 0.-nfc-d.-rato
Government ..nd its officers in these uarticulais.
I also respectfully request that the General As
setttbly (iiclare the extent to which tha Executive
of this State wilt be sustained by the represent:!
lives of the people, in ; reketi g th i. right s. .. .i
the inlegntj of th : Guvernmeut itttid t : i? But r
cigntv -i the Hfatc. yaiast tte ostirpatir.’i- ~:,d
abases t. which I have invif:J your atlimUau.
Jo u-u 1. l-aowx.
dopy op a LgTTxft to PKasinsN'T .nxvts, ,o wiucn
■NO t’.EFLi* HAS BBSS* RECBIVKB.
Canfom, Ga , Oct. Ibid, 13t>l.
Hit SxctiUncy, JejfWnon Davit:
De»« Sir : -The act of Ooa.'ress pas;od at its
laic session extending the Consct ip i. nut, u ■ -
tike its predecessor, if which it is a-uendmorv,
nives you power, iu certain contingencies oi
happening of which you mMst be V.e jmi,. :. to
su.-pend its operation, aud accept tro-.-p , 1 .. j.,.
States under any of the'iormcr acts per. that
sabjec By farmer acts yon are t-arl. 7.3 .1 to
accept troops from t Bute orgaoiz and into com -
pani-s, battailous and regiments. The Oon&eiip
non act ot Idih April !a,t repealed these acta, but
the late uci revives them when you suspend if.
For the veqsons then given, ! t ut. i. and my pio
test agitius t!..- first Uonaorip>ioH not on aecou.it
ot its unfonßtitntionality, uud tofus.-d to p,-i mil
the eoroilm -ul of any State oiii-or, civil or mili
tary, who was necessary to the iute.grily of iho
Statu goVernmept. But ou uuCji at ..V it.» cm. r
geuetes of the country, growing out o', tho iioglt-ot
ot the Confederate authoiides to call upon the
States for a sufficient amount >.f nddittouai torce
to supply the places ot the twelve moails troops
and ou account of the r.-peai of tho too or laws
upon that uubject, having, for tho tun ■, phic l it
out of ycur power to re ' -pi troops :i gauix '■ by
Slates in the constitutional mode, i interposed no
active resistaucb to the enrollment oi persons in
this State between 18 and 35, who were not offi
cers necessary to the maintenance of ths gov.ru
ment of tbo State.
Tho first conscription act took from the Suite
only pari of her military force. She retained her
officers and all her miiiiia between 35 usd 45.
Uer military organiz dioo waa neither disbanded
nor destroyed. She bad permitt;4 a heavy draft
to bo made upon it, without constitutional autbo
rity, rather than her fidelity to our cause should
bo questioned, or the enemy should gain any ad
vantage growing cuto! tvbai h-r authorities might
consider unwise councils. But she slid retained an
organization, uubject to the command oi bet voa
s.ituted authori leg, which she oould us • for the
protection of her public property, the execution
of her laws, the repulsion of invasion, or the sup
pression of servile meurrccti n which ou;- insi
dious foe now proclaims to the wot Id that it iu his
intention to incite, which if done, may result in
an indiscriminate massacre of hetaiesa women and
children.
At tiiis critical period in our public aflaire, when
it is absolutely necessary that each State keep a i
organization for home prot etion, Gongrcst, wits
y-ur sanction, bus txteuded the consc-riptiou act.
to embr. c*: all between 85 and 45 suij -H to uiiii
tary duty, giving you tha power to eu.spand th
act as above etated. i< you refuse to exercise this
power aud are permitted to take ail between 85
audio as conscript •, yon disband and destroy all
military organization iu this State, and leave ha
people utterly povvet iesi io protect their otva fanS
ilid), cv.iu against their own eUves Not only s ,
but you deny to those betweeu 35 ual 45 a privi
lege of electing the officers to command them, to
which, under the Constitution ol the Confederacy
aud the laws of this State they are clearly entitled,
which has been allowed to other trot [is from the
State, aud was to a l.uiitid extent a lowed even to
those betwean 18 aud 35 under the act of 16th
April, as that act did allow them thirty days wall
in which to volunteer, uuder such officers as they
might select, who chauced ut tho time to have
commissions lrom tho War Department io raise
regiments.
If you deny thin rightful privilege to those be '
tween 85 aud 45, aud refuse to accept them us
volunteers with officers selected by them io nc
cordauce w th the laws ot their State, and attempt
tu compel tnern to cuter tiie aervic ■ us conscripts,
my opinion is, your orders will only be obeyed by
tnauy of them wb.n backed by an aimed (orce
which they have uo power to resist.
'The late act, if I construe it correct y, does not
give those between 35 and 45 tha privilege under
uuy circumstances ot volunteering and firming
themselves into legimeuta'. organizations, but
compels them to enter the present organizations
as privates under officers heretofore selected by
others, uutii all the preseutorgauiza'.iona are filled
to thoir maximum number.
This injustice cau only be avoided by the exer
cise of tho puwer given you to suspend the act,
aud call upon the Htates for organized companies,
battalions aud regiments. I think the history oi
tho past justifies me in sayiu;-, ihut tho public
interest cannot sufler by the adoption ot Ihis
course. Wneu yon made a requisition upon me
iu the early part of February last, for twelve
regiments, I had them nil, with a large additional
number, in the field subject to your command and
ready for service, in about one month. It has
now been over six mouths since the passage of
the first conscription act, aud ydur officers during
that time have not probably euroUed, aud carried
into service from this State conscripts exceeding
one-fourth of the number furnished by me as vol
unteers in one month, while the expense ol get
ting the conscripts into service has probably been
four times as much as it cost to get four times the
number of volunteers into the field.
In consideration of these facts, 1 trust you will
not hesitate to exercise the power given ycu by
the act of Congress, and make aa ear-v requisi
tion (which 1 earnestly invite) upon the Executive
of this Htate, for her just quota of the additional
number of troops necessary to be called out to
meat the hosts of ihe invader —tha troops to be
organized into companies, battalions and regi
ments, in accordance with the laws of this Htate.
The prompt and patriotic response made by the
people of t-eorgia to every call for volunteers,
justifies the reasonable expectation that 1 shall be
able to till your requisition iu q short lime alter it
is made, and uuthorizi s me in advance lo pledge
prompt compliance. This can be done, too. when
left io the Htate authoriti.-s, in such way a* not to
disband nor destroy her military organization at
home, which must ba kept in existence to be used
in case of servile insurrection or other pressing
necessity.
It you should object to other new organizations
on the giound that they are not efficient., 1 beg to
invite your attention to the conduct of the newly
organized regicueuts of Georgians, and indeed of
troops from nil the Htutcs, upon the plains ol Ma-
Uusas, iu the battles belore Richmond, upon Janies’
Island, near Charlestown, at Shiloh, at Richmond,
Kentucky, and upon every battle field, whenever
and wherever they have met the invuding forces.
It it is said that some ot our old legimentoare
almost decimated, not having more than enough
men in a regimeut to :orm a single company ; that
it is too expensive to keep these small bands iu
tho field as aegimeats, and tnai justice to the offi -
cers requires that they be filled up fiy conscripts,
i reply that injustice should never he done to the
troops, for the purpose of saving a lew dollars of
expense; and that justice to the men now called
iuto the field, as imperatively requires that they
shall have the privilege allowed io other troops lo
exercise the constitutional r-ght of entering the
service under officers selected and appointed us
directed by the laws of their own Htaie, asst does,
that officers in service shall not be deprived oi
their commands when their regiment; a;e Worn
cat or destroyed.
Our officetshave usually exposed themselves in
the vau of the fight, uud shared the fate of their
men. Hence but few of the original experienced
officers who went to the field with our old regi
ments, which have woo so bright a uatue iu his
tory, uow survive, but their places have been
tilled by other appointed in most cases by ihe
President. They have therefore no just cause to
claim that the right of election, which belongs to
every Georgian, shall be denied to all who are
hereafter to enter the service, for ihe purpose
of sustaining them in the offices which they now
fill. J ,
If it becomes necessary to disband any regiment
on account of its small numbers lot every officer
and private be left perfectly free to unite with
such new volunteer association as he .hmxs
proper, and in the organization and selection of
officers, it is but reasonable to ruppuae tha
modest merit and experience will not be over
loThe late act of Congress, if executed in this
State, not only does gross injustice to a large
of her oitixens, utterly desiroys al Btafe org
xatiun, aud eucroaches upon the res-rved rign
SfogteK andtelrsTrom SI right arm of
most dependent upon her. the 0D
? b r °tha which satisfy my mind beyond
doubt of ‘he unconatitutionality of tjie coQscnp
tion acts; and to tbe tact that a Judge in this
Mrate of great ability, m a case regularly brought
Wore him in hU judicial capacity, has pronounc
d the law unconstitutional; and to the further
fact that Congress has lately passed an additional
act authorizing you to suspend the privilege of
the writ of Habeas Corpus, doubtless with a view
of denying to the judiciary in this very case, the
exercise of ite constitutional function, for the pro-
VOL, .LXXV* —;tS'JgTf SEHIEB VOL. XXV, NO 45.
faction of person?.! rhaGy, I car, no ior.ger r.vci.i
; t v 'B fosponsib lity of dir ■a.aigm“ a duty* w! icf I
; owe to th. people of this tiia-.., by inh.rmir*- you
j f ’ m 7 1 i--A'tooi p.rmit the enrollmeat of con p-ipt
; under the late act of Congress entitled “a • an’
to anrend the act fur!lur to provide mr tho com
mou defense, utnii the General Assembly of this
State shall have ton . ucd .-■ id taken action m iho I
premises.
I, Tbe plea of necessity ert up for c nacriotioa
| last spring, when, w.tuheld active resistanc./to a
j heavy Jr:,.: ::pj.. the mill try organization cf thi
j Btalo under the first conscription art, cannot i>
, pleaded, utter the brihtant succeßo ol , n.- pudant
armies during, the summer and fall campaign
j which have been achieved by troops who entered
the uot as conscripts but as volunteers,
ft more troops are -needed to meet coming em;r- j
gsncies, call upon ihe State, and you glmil have
them o vuluntccrs, much more rapidly thoii vout j
aurodfug offiesra c t>, drag co;:.;cripis. ko mt: !
“in chiMaj,’ to camp of fastracdou. And r, qj }
t; is not blinded b prejudice or ambit! »*i can j
doubt that they wi 1 b; much more effective ns I
vo.unteera t!:au an eonsqripts f Tho volunteer
! enter* the sshvico oi his own free w it. Hj ve
gards the war as much his own ai the Govern
meat’s war; au.t is ready, fnoedb. to odfer 1.-i,
life a willing saorofice upou i.ia country's’ uiiereJ.
Ueuoa a is that our voluntar armii's htivJrbseu
invincible, when couteudmg against aas tiy supe
rior numbers (>,ith euety advantage which the
host equipments uud sup'pl.fs cau afford. Not ao
with the conscript. Ha may be ai teaiy ai any
citizen of the Stale to voluvit er, if permitted ‘to
enjoy the constitutional righta which havo’hecn
allowed to others, iu tha ohoie; of his officers auu
associate.-. But if these are denied him, and ho
is seized like a serf, aud hurried in to au associa
tioti repulsive tu fiis toelinrß, and placed under
officers iu whom he has uo coufiaunee, he then
feels that this is the Governuieat’s war, not his ,
that he :n the mere iußtrumcnt cf arbitrar y power*
add that he is no longer laboring lo eetttbhnU con
stitutional liberty, but to build ’up a military des
potism for its ultimate but cat lam overthrew.
Georgians wili never refuse to volunteer, as long
as there is an enemy upon our soil, and a call for
their eerviess. But if I mistake uot ths signs of
the times, .hey will require ths Gove ament iu
respect their plain constitutional rights:
Surely no just reason exists why you should
reins* to ucc.pt volunteers when rendered, and
iusistou replenishing your armies by conscription
aud coercion of ireeuieu.
The question, then, is not whether you shall
have Georgia’s quota of troops, for they are freely
offered-- teiulvred in advance — but it is whether
you shall accept them when tendered as volun
teers, organized a* the Constitution and laws di
rect, or sha'i, when the decision is Sett witt) you,
insist on rejecting volunteers, and dragging" the
tree citizens of this State into your armies as
conscripts. No act of (he Government of the
United States, prior to the secession of Georgia,
struck a blow at Constitutional liberty, so fail, as
has been stricken by the’ conscription acts. The
people oi this State hud ample cause, however,
to justify their separation from the old Govern
meat. They acted coolly and deliberately, iu
view of all the responsibilities; and they stand
ready to-day to sustain their action, at all haz
ards ; aud to resist submission to tho Lincoln
GoVi rniueni, aud the reconstruction of the oid
Uuiun, to the expenditure of their last dollar, and
the sacrifice ot mir last life. Having entered
into the revolution freeman, they nitend to emerge
from it freemen. .A.ud if I mistake not the char
acter of the sous, judging by the action es their
fathers, against Federal encroachments, under
Jackson, Troup, and Gilmer, i r epeotively, us exe
cutive officers, they will refuse to yield their
sovereignty to naurp&Umi, and wilt require the
Government, whieh is the common agent of alt
the States, to move within tho sphere assigned by
the Constitution.
Very respectfully, , /
your ob dient servant,
Joskpu E. BamvN.
Special Cosrespetidenoe of Chronicle & Sentinel! j
OEOIGiIA LEGISLATURE.
Mn.LKUOKVILLK, Nov. 10.
SENATE.
A motion to reconsider the Bill incorporating
Iron and Coal Company, wai lost.
The following message wa3 receive.! ;
IPKCIAI. MBSSAGB fi-HOM OOV. BUOWN.
Executive Department, j
MILUtDGKVILLE, NOV. 10. (
To the General Assembly ; I present to each
House a copy of a letter from Bug. Gen. Mercer,
commanding atHavuunah, dated 7th iust., inform
ing me that “ a letter from the Hecretary of War
has been received by him wtiioh withdraws from
him all power to retain the negroes now working
upon the iortificaUous at Havauuab,” and that
“from this time forward be will make no further
ellorts to secure labor himself,” and “if the peo
ple and government of the Htate mean Savannah
to be defended, tlioy must furnish the necessa
ry labor,”
Gen. Mercer also makes a requisition upon the
Htate.for negroes to work on the defences. I also
append a letter from him deted the Bth inst., in
response to one from me asking him to make an
urgent appeal to the Hecretary of Wer to send to
Savannah reinforcements at an early day.
It will be seen by reference to the first of these
letters that the Confederate General looks alone
to Georgia for the means so defend her seaport
city.
While’ the right is detiied to the State by the
Conscription act to call iuto the field and retain
in her service any poetiom of her organized mili
tia, or any part of the material of which it is com
posed, to defend herself against the invader at a
time when the Confederate force within the State
is inadequate to the task; the War Department
has withdrawn from the General in command the
powers to retain tho labor necessary to complete
the fortifications winch ore indispensable to a suc
cessful defence. I submit the question to the ac
tion of the General Assembly, and Fecommend
that prompt provision bo made to the extent of
the ability of tho State for carrying out your reso
lution fur the defence of the city to the last ex -
tremity.
Iu view of the fact that Georgia has furnished
about 75,000 troops to the Confederacy, who have
rendered the most distinguished services on al
most every battle-field of the war, I cannot for
bear the expression of my deep regret that so few
of them should be permuted to return to her bo
som to strike lor their homes at a time of so much
peril, when the right even to supply their place
in the field, upon her soil, with others uow at
home, is denied to the State.
Joseph E. Brown.
IMPORTANT LETTER PROM OKN. MERCER.
The following is the letter from Gen. Mercer,
tvhieh was transmitted to both houses, With the
Governor’s Message on the subject to-day :
Headquarters Mil’rv Dist. of Ga. I
Savannah, Nov. 7, 1862. j
To HU Excellency Jos, E. Brown,
Governor of the State of Georgia;
I have to inform vour Excellency that ibis
morning a letter from the Secretary of War has
b.:en served upon me which withdraws from me
all power to retain the negroes now working upon
the fortifications of Savannah. Every negro to
tha number of 1/iO'J will probably leave me in a
saw days, and a portion are discharged to-day.
From this time forward, I will make no further
efforts to secure laborers myselt. If tbs people
und Government of the State of Georgia mean
Savannah to be defended they must themselves
furnish the necessary labor.
The ageney tor the collection ot labor hither
to existing by my creation will continue ouly
long enough to wind up its present business.
I have the honor to make requisition on the
Htate of Georgia ior 150 U able bodied negro* to
work on the defences of Savannah.
I have the honor to be, very respectfully, your
obedient servant, u - “• Mercer,
Brigadier General, Commanding.
Tho Senate passed a resolution authoriz ug the
Governor to impress the requisite number of ne
oi oea to complete the defences of Savannah, if he
®ou'd not get the work done by cootrac .
The committee to whom was referred the duty
ot oreparing an expressien of the sentiments ot
tbisenate in reference to the deatn ol Messrs,
vnnn and Patrick, reported several comphmen
lar/fter the adoption of the resolutions ‘ be^ en6t ®
adjourned until to-morrow morning, at tan
o'clock,
HOUSE.
The following biila and resolutions were intro
i- uced- A bill to confer certain powers upon the
Ordinary ot Appling county; in relation to mem
bars of the House Being Unqualified by holding
Confederate Army com .ucsions; to punish ecu .-
terieitiiig Treasury Notes; to appropriate money
for the Academy of the Blind; to postpone the
operations of ihe new code; to incorporate the
Central Insurance Company ; to legal.ze the Bile
of certain lots in tbe counties of Chattahoochee
and Bibb; requesting th. military committee to
consider the propriety ol raising a mounted police;
requesting the Governor to call upon the publish
ers of the new code to furnish copies for the mem
bers; to compel holders of Bank and Railroad
stocks to pay taxes on the same, in the counties
where they reside ; to relieve certain peivoog from
penalty iu lssniug change bills; to allow Dr.
Driscoll to practice medicine and charge for the
same; to legalize the election of Ordinary ot
Chattahoochee county ; to incorporate the Bank
ot Catoosa; authorizing the Governor to seize
lactones aud goods for the clothing of sol
diers; to relieve heirs of Charles Wert; to
appropriate school funds in proportion to pop
lation; to suspend the computation of com
pound interest against executors As., to enlarge
the rules of evidence—authorising slaves and free
negroes to testify against persons inciting insur
rections ; to allow Jane Miller to sell herself info
slavery; to require the directors of cotton and
woolen factories to publish lists of stockholders
I r -7»! (’'7'' r 7. r ;f - T s ° rs 7- ° £or g'« lasn-
I ?“!«*"•*** “»*O-. W fawl* ,3.7. 15
I J h-ns.; to prevent counterfeiting Confode
| rate currency; to abolish militia laws; for the ra
hut of i.'.mrr Ha t; for t ie relief oi John Garnr -
j ior the relief of tho Belgian Consul at, AUa..:a 'to
I cotifi Cite tho i"- a! estate and Riulroad Stic., of
! alien enemies; to supjiress distillation of grain;
t > regulate tolls of nails; to provide for manufac
tun; ot cotton cards; tu slier limit between Emuim
el and Johnson comities; to amend laws tor Inal
ot si<>,-, a, to distribute poor school fund among
■' o: indigoiit soldiers; to continue in
! ucc tho Back relief act; requesting the re
turn ci powder loaned to the Gonfedcrate gov
eminent; fi-r protection of married women; al
lowing mover oi bills or resolutions to have a
. .nt with contmi,tees having such matter under
consideration; a bill to continue in force tha
bstiA i olict hilt, with a >-.i'ov ision that change
bills sba.l be redeemed iu bank bill; to legalise
ord-rs and judgements ot ordtnari.'B in c.. taiu
esse;; to am.net p:trol Dae; to facilitate quaran
tine against small pox; to opriato $275 Tor
arms .urcished the State by Screven couuty, s
hid to continue in force bank relief bill,providing
ifisti -. y etiult pay out their notes to thoss
who d.poshed them; to allow Leana Oglesby
to r. i* jive letters of administration without giving
bqnd.; to change the line between Lee aud Hump
ter c. enties; to relievo the state aguiust loss by
defaulting tux eoi lectors; to authorise the' Gover
nor to pay freight on salt for soldiers Minifies in
thtt various counties; totopcal a: of 1652 Hi re
t-ronce to Deaf und Dumb uayiuiu, s.dd bill ap
propr; .u-s kS.ooO nmii'aily, tbc olj.-cf i to tax
for each veur tLo amount n .1- f-r there
lot of Uvupy Wyclu- ; for the .’oli-i >f Mttr
“a. ai Jj l allow tbo (’('OiptroUtj! Men
b.rul a del is j io encourage t*.u t : -i.tt»!.»v# j ot
wool and ciittuu curd-, appropi ,i . if,jd,i.Oo to
r '?““«« ,uv 0,4 P u ' pos- 1 ; to t. urmi: r th* school
tuna ot Union county to indigent . -,l i. > s t midies'
to prevent the iatroauetiou qt : Unnog the
wut, urgingGmigrcs- to mek ■ tr -..sitry notes is
gal telid l ; ts appi quiute ( 'OS coo I dais 11, la,
move women and chtidcrn laim’dava .-.m; lo au
thirizo the Orditi ;ry ot W.iyue county -to loan out
tne school fund; tor the relief of Acti - -,v it stuU
ton ; to provide lor ibo«nroUmant of militia of
persons between the ages of-16 and Is and 45 and
UJ; to organize 2 regiments of infantry tor Stats
detenoe; t.o rquabze the burden -,-t suppurting the
indigent faurilt«.s oisntdiei.s; ts reiider grunting
letters ot administration ne- . csa.y in certain oases.
A bid was passed to appropriate $45,U00 to ob
struct the Apalachicola, Flint, aud Gbatahooche
rivers.
A message of the Govci n: r i-nclosing a letter
from Uci. Uthird ol Ui lßiii Georgia Regiment,
tendoring to the S;at« two st icd of colors token
from the AbolitiSnists, wt).- referre 1.
A massage u as received, irom the Governor en
closing a communication iraut Gen . iercer stating
that, the Secretary ot War tins withdrawn author
ity from Gen. Mercer to reta n slaves ou the-de
fences of Savannah, ana calls for loOU iuvi oob to
bo furiii -iteii imtueiiiai. Iy. The S. imto reaolut’on
embrac-'s all iho td-.n-.s ia this State ;. uud uiga
antfioitz.s Lie Gove 'nor lo o .si. uot at! the rivers
and guard them with Georgia troops. The whole
matter was appropriately referred.
A general bill, authorizing the Governor to have
all the rivei sin the State obstructed, was read u
second and third time, aud made the order ol the
day to-morrow: ,
Tho Senate re-ishitic'.i endorsing the Governors
proclamation againstdigtiimrs vat tuk-u np and
discussed. The House then adjourned.
Gol. Gibson arrived tk>c morning, .aud took his
Boot. He in looking in excellent health.
The Supreme Gourt is ia session, and Lave
undtr ccnß'.d .ration tho habeas corpus cage of
Asa O. Jeff.'!-:!, which was decided by Judge Har
ris, of this circuit, ou Saturday; Got. McKinley,
of this. Bar, represents the plaintiff in error, aud
Coi. Ktimsti audC.'pt, Biundford the defeudankin
eri-fjr.
MH.LEDQEVILI.R, Nov. lllh, 1862.
HEN ATE
Mr. Gordon, from the Committee tbu B inks, re
ported a bill for the relief of the bauks from tha
penalty incurred by the suspension of specie pay
ment. The second section re-enacts the stay law.
The bill proposes to relieve the bank; provided
they ie.'u.e.o percent of their stock in change bills,
under tfie denomination oi one dollar. The sec
ond suction ii as slTTcke.i out and tho biil passed.
Mr. Lewi ■, Chairman of the Committee on Fi
nance, to which was lefened the resolution in re
gar'd to clothing and Biioting the soldiers, report
ed a resolution, ol which, ou motion of Mr. Gib
son, £0 copies were ordered printed, aud madeUie
special order for Thursday next.
The following bills und resolutions were intro
duced : A bill ior the relief of soldiers’ families—
(proposes to increase the rates of freight on the
Htate Road 25 uer cent, to be applied to their re
lief ;J to require Ordinaries to pay* any portion of
the Hchool Fund remaining ou hand to the Justices
of Inferior Court ; to amer.d the charter of the
Confederate Htates Fire und Marine Insurance
Company ol Atlanta ; to re-enact tha act authorix
lug the suspension of specie payments until six
months after the close of the war; a resolution
authorizing the appointment ol a commissioner by
the Governor lo audit the claims of persons who
sold guns to the Stute; u resolution requesting
the Confederate War Department to return 20,000
lbs. of powder loaned to the Htate—passed.
The following bills were put upon tbeir pas
sage: A Bill to declare in force in Georgia the
Conscript Law —indefinitely postponed; to pro
vide for the public safety a id authorizing the im
pressment of negroes. ,
lIOUHE.
On motion, the House took a recess, and re
paired to tho HcDate Chamber to hear the decision
of the Supremo Court upon the constitutionality
of the Conscript Act, after which they resumed
their session.
The Senate resolution in reference to the dis
qualification of members holding military com
mission, on lncition to refer to Judiciary Commit
tee, Mr. Washicgion moved to amend and instruct
the Committee tu report thereon by the 15th De
cember. Discussed and lost. And tho Commit
tee's resolution was referred to the Judiciary
Committee w'ith instructions to report at 6 o’clock
to-morrow.
Mr. Cabinesa moved that on account of the ah
sence ol Hon. George A. Lester, (now a prisoner
iu the hands of-tho euemy) and who Will not
probabij bo able to resume his seat during the
session, and who is the chairman oi the Judiciary
Committee, that the Hon. Linton Stephens be ap
pointed chan man of said committee— agreed 10.
The special committee ou the Senate resolution
to furnish slaves to work ou fortification? ut Sa
vannah, reported a substitute, on which much dis
cussion was had.
All the speakers agreed to the necessity of im
mediate rction, hut objected to the mode indica
tod in the resolution. Mr. Briscoe offered an
amendment, that in the event that the object
‘could not be accomplished by private contract the
Governor be authorized to impress, giving due
credit to those counties and individuals whiofi
had furnished labor, Mr. Norwood offered an
amendment that impressment ahould begin with
the county of Chatham aud counties contiguous
thereto. Mr. Moore moved that the amendments
be laid on table, which was lost.
Mr. Briscoe offered an additional amendment,
that in case of impressment, due compensation
shall be allowed, which was adopted, alter whicn
the House udjourned.
I failed to state, in the proper place, that Don-
Linton Stephens, member elect from tfie coan J
of Hancock, in plrce of Col. Lane, resigned *nd
Hon. J. L. Banning, of the county of Menwstor,
vice Hon J- J- liu.ueey r ß si g ned pre.,er ted meir
credentials, were qualified, and took therr wx -
Wkdmssday, Nov. 12, 1&62.
SENATE.
The bill to let the public printing to the lowest
bidder was taken up, amended and passed. The
bill provides that all printing required by either
branch of the general a .jembiy shall bs doue at
the capital. .
A resolution to hear the report of Rev. J. O. A
Clark, Agent of the Georgia Hospital and Relief
Association to-morrow at 12 o’clock was adopted.
The House bill for the defence of Savannah waa
passed. The bill provides that the Governor
shall ascertain the extent to which the Confeder
ate authorities will prepare for the defence of the
city, and authorizes the Governor to act if means
ol defence are th n regarded inadequate.
Gen. Wright was invited to a seat in the Senate
Chamber, aud was cordially gr;. nteiiby the mem
hvrs.
The following bills and resolutions ware passed
Bill to change the time for holding the 00-.g-'eSi
fer. il elections to that in which the c-feciion for
Governor is neld; to amend the road laws; to
suppress individual shmp'asters; to exempt sol
diers from poll tax; resolutions to obtain po’ses
siou of saU m the hands of holders who refuse to
sell (referred to Judiciary Committee;) House
bill appropriating Cos to obstruct the Apa
lh.itiicola, Flint and Chattabnocbe erivers; resolu
tion requesting the Governor to appoint Gommis
gionsrs to auUit claims for guns.
A bill to suppress distillation ot spirituous li
(iuora was amend id so a i to authorize the Gov
ernor to grant licenses for distillation tor medicin
al and army use, and passed. ~
Judge Gibeon opposed tha bill, as calculated to
so cheapen the price of coin as to discourage it*
production. He urged the necessity oi hquorfor
the soldiers, and alluded to the sufferings he hai
seen which might have been relieved by> » ■
Hansel! made an earnest and l e «£,.gia,
behalf of the suffering poor ot Cherokee *
who must starve if the and recom
ed. Mr. Moaely aivocatedthe b ■ btiulte [or
mended M waUr as an admiraoie
Ut C to a Senate resolut.ou