Funding for the digitization of this title was provided by R.J. Taylor, Jr. Foundation.
About Weekly chronicle & sentinel. (Augusta, Ga.) 183?-1864 | View Entire Issue (Jan. 20, 1863)
liV' N, S. MOBSK. Cjjnmitle £ Sentinel. TERMS. ■ 'F, WEEKLY Hit »NICIJ: SENTINEL * Pc!r. rd Every TUESDAY, AT « ’• .ftti ~;H i*m ANNUM U,U ‘,V.\ IN ADVANCK. ■ ~" i i i 1 ■■ .""" ■ ll,l Oeclalon «f the Mt prime ('i;nrt IV I * on Him Conalltnllonalliv of tli« En roiling Am or (he Congressi of (lie Con redcrnle of America. S-ifirtnv <,'ouri '/ (ftorgia, h'iftk Dietriat, al Mil'erfgt ville, November Term, 1i62. ‘At. 0 )itrr<RK, Hatnt.fT in Hr or, \ .John Fair, V -.ifolii-v Officer, 0. H. A. j Application f> i' hitch rge, v'shr J/abtn* Corpus, before Judge llin-i. , nt chambers: Application H-futeA ; and Writ, oj krror. .1 ■ !,.-a Jenkins delivered, the fopinion o! t'to tJonrt, n» follows : T •. o; n t -!ition,*>reH toted Vy thin record for •Am consideration of 11 •«» Oo’irt, in the constitution i.-.ty of two Ac's parsed by the Oougrer.B r f the </' nfeder.it.; Hiatts ; the one, approved April 18th, I "tv untitled “An Act jo further provide for the publitdel.-.io*;” tho other-, approved .September 27, 1 ’ ontillo t “Au Aal, to a:u ;nd art Act. enti tled no Act to lutl -r provide < r the public de fense ” Front th >-t« Ac..t .lone, tho defendant in*, r/or •let .i t t hia audio. :: v to hold the plaintiff in cna l I- ;'whilst the iafo ir, admitting that he is within t i tir purview, in tin;:; that they are unconetita '•oinnl, art tho authority claimed under them It is enough to say o r ‘hit).; Acts, in this con nection, that they authorise the President of the Ooufoderat j Stii'o.t to call out, and place ii the miliiury serrice of the Confederate St ilea for th -lie year tub: ut ! • war shall Ii *vo been soon er on.l *J, all winie m.in -viie are residents of the Coal 1- rate States, b etwee i oertaiu ages, who ar-i not legally exempt fro n military service. The Court, deeplyMoipressed with the impor taoe.i of tho (pi..j 'oil, and the rospotisibiMy in .o! "lin i 'ci eon, have net failed to give it -or -il ami uoxioni considhration. The L.q iry i l ho course'oi argument pursued 1 , bring uu l> r i ■ th-e following cUuaoa of the Constitution iih • C federate States. They aro eontiir.i-id hi tine Hth section of the Ist article, and rtiuiiti.-ru,-! as herein noted. “The Coiigr si shall have power Id To r s i. l .-.up,oort armies ; hut no appro pri.il on of money to - at use shall be lor a longer term than twofroara : 1- To provide far calling forth th3 militia, to i-x ■ro the laws of the Confederate Slates, sup - press insurrections, and repel invasions: Hi. To provide for organizing, arming an I dis ciplining th - militia, and for governing such part • I them, as may be employed in the service of lhß C ifed-vrate States, reserving to the States rcs • - "vely, t!i; appointment of the officers, and tho nuihority of tra-ooig the militia, according to the ■ I • -iplirie pr. -■,bed by Congress: IS. To make all lavs vvbi.fii shall be iiecese try and proper, for carrying into « xD iution the fore going powers, and all ether p overs veittd by this Constitution in tho GoVerum <tt «f the Confcde ' at i Sl.atos, or in any departuicot thereof '* Befoio conoid 1 - ing the extent, aud proper con - o'ruction of t:ie grant of “power to ra'.avj armies,” i- .at tmed in the 10 1 1 clause, above recited, wo i•. . distinguish between it, aid the grant of r to coil forlh tho miliiiu,” Arc , (outlined ii the Kith clause. In tho argument presented agaiust tho oonsti-.uliomtlily ol tho Acts iu ques tion, wo are called upon to construe these n o elan ics together, as parte of the name grant. YY e irga and them as wholly dnlinot. Armies rais'd under tho 12th clause aro instrumentalities where- I , Congress executes the power to carry on war, .offensive or defensive, whether oa our r. , on foreign territory. The iudividnut j • '■■posing armies, aro separated from the mass .1 uit pops 'inn, and withdrawn from the or-li-. tiuiv civil pursuits during tbe time of tlimr en - ItKlm. a*, whet l i in peace or iri war. Aran • aro a-, all time:, i., ; m ell places, subject Is the (lov ernmeut o tho Confederate States; they are, at no time, and under no circumstances, snbjbct to any Htato nutliori'y. The militia may b -d- lino I, a body of citizens, enroll ■I, for military discipline. Th.-y are eu ■ I! -.1 . , . . -ii.o authority, with roferenc s to Sato boundnroi; they ur > organized, officered and ■ iisjiplim'd bv Sta'o authorities, the Coulederato Cm;.'-is I: iving authority (for the sake of uii- Idrmity) on'y to pr . iribe tho mods of organiza tion and discipline. They are not separated from the muss of their lellow-eitii jns, tior withdrawn from* their on diary pursuits, aavo occasionally for drill, or for special, and usually short service, in the field. For such special service thoy may be called forth, either by the authoiity of the State wherein they are euroile.l, or by that of the Confederate S alel, but the power of the latter to call them forth, is limited t.i three apecilied emergencies, viz; to execute the laws of the Conlederato Stales—to Huppn . H ineurrec.ions—tc repel inva aious. It is apparent, .hen, that they cannot be used in otfhnsiva war, on (preign soil, Armies raised under the 12th clause, constitute the physical force, in co >ju notion with the.uavy, muinly re-i-d upon lor tntli m.tl defence, and ex clu ively for oll'eimvo, exlra-territ >rial war, in the assertion of national rights. The militia are. when called l.nth, ciliz-m soldiery—designed to be used in the specili-d emergencies, at points where there may b i no portion, or r.u inadequate portion of u regu'ur army. They ur - not intended, at any time, to be merged in any i.rdty of the Confederate St tie::, nor ;•> be substituted for it ; i;at as a separate organiaition to come in aid ot it. I) ii'htless, the Conatitutioual provisions relative t i the militia, were u opted in furtherance of the American policy of maiotaiuing smaii standing ...mies ir. pea • But the grants of power “to raidO armies, u’lrt “to c .1! fort'.i t!io militia, ore entirely separate aud distmet -are not to be con strued t-ig.-'lier, lor tie purpose of restricting or enlarging either. Any such attempt must lead to ih ‘ most embarrass ng couf\isio:i, the u. ■' -sit y ol ill-aiding which became apparent in the course . . tite argument suhut't'e.l, and seemed to call • nper,\tively for this preliminary distinction. 'it ii insisted “that . • - Confederate Congress .( no p...vor to ra-se armies by compulsion, but , oily dependent for mi itary forces upon tho • salary enlistment of men ; an t if it need more i ea than its armies thus raised aud its navy, its o ily resource is t> call forth the militia ol the States ” It vj clear, uu.ler the view we have taken, til at the Congress can raise armies under the 12th clause, only by volunlarv •nlistiueat, or by com pulsory enrollment, and we are now asked so ti construe the grant as to limit them to the tonne! mode. The limitation now considered, is at t> means ouly ; whether or not there will be my other Constitutional limitation of the power, . o will hereai.er co-.itsnt -r. Tito nets of Congress under review, authorize c ipulsory eu ollment of ettixens. I’he clausj of the 0 institution, in virtue o( which tae p'v-r thus exercised is claimed, is very general i t its terms —neither specifying nor prohibiting u«v means. Let the phraseology bo tixed in the mind of the inquirer. “i he Congress ahull have power it raise armies,” 4c. Language could not t xpreas a broader, lyore general grant of a specific power. We look in van for the Urn- , station to voluntary enlistment as u means. Is there any difference be* ween a grant of “ power" to raise armies,” without superudded words of liuiilut on, and a grant of ''unlimited power to raise armies” We think not. Yet, had the latter form of expression been used, who would har ■ uthroned the existence of the limitation now us ited ons We understand the rule of construe nos, in such cases, to bo, that ‘‘an unqualified grunt of power gives the means neoessary to carry it into effect." Bnt the proposed limitation r* luces the grant'to a ‘bare authority to raise armies bv accepting volunteers.’* Now, this idea, and the idea of "a power to raise armies,” are widely different; and not less so are the terms ap propriate to the expression of the one and the other. Presuming that the framers ol the Consti tution used the words employed, in their ordinary unambiguous significance, we hold that the clause , ft term,n ;. expresses a grant of power ofpower commensurate with the object—of power over the iiomvlationsuf the several ttiates, entering into and brci'LU’og component parts of the Confederate Slates of America. Undoubtedly, voluntary enlistment, as a means, would always be preferred, when efficacious, to compulsory enrollment, but in many cases, a lint nation to the lormer, would render ihe power bar ren. So obvious is the necssity of compulsion to render the grant effective, that those holding the position w« 3k sibat, admit that it may be resorted o, but only through the agency of the several nates. The admission places compulsory enroll ment in the relation of lnc.dent, to the power to raise armies. But their view imputes to the fra mers of the Constitution tbia absurdity, vix: that having divested the Slates of the powers to de clare war, and to raise armies ; and having vest ed those powers in the Confederate Congress ; and knowing that the latter power would be mcom nlete without compulsory enrollment; they, nev ertheless, left it exclusively in the hands of the -guiles. Let ns resolve this logic into the form of Compulsory enrollment is a proper incideut of the p :wer to raise armies ; t.ie dtopfeder - Con • g-ess hayp, end that States • cver. i!. Uav . •; tae power to ra se a:m en; ergo, t:.« Cocgr. mty no', bat the s-.v ;al .htates may res r. t > c >m pnlsory cnrollueei Again, if the er-ut co ituine-i in ihe 12th clan le (which we havai thus far considered, per i,j foil short of authorieirg tbe Congress to r-iart t-> com pulsory enrollment, in execution ol the purer, surely the defee is supplied by the 19th M.-d las', c'ause, which applies eg rally to aii the prejidi -g cis-.s-is of ta« »;’••<> 'on. it confers*‘power to mate a.I laws which shali be necessary and proper for carryi ig iato • IfocY be foregoing powers,” Ac. liow does this comport with the idea, that chould cempnlsion become uices'inry, in the process of raising armies, tba Congre i must appeal to the iSUtes to use it V Wo have held that t-ie paw.; to raise arm 1 js is s. p rate and (list act from the jnvr r to call forth, the mililii, and that ’.he only m ;ani to which Congress can resort iu execution of the forme:-, are voluntary enlistment and compulsory c ;r oil men t. Conceding then, for tho argument, that the latter is not authorized by the 12th clans -, w ; are conitrained to hold, that it is authori.s ;d by li£ 18th clause, whenever volunfaryenlistment s’ aih or ..L.TI ce ise to promise necessary re sults. We by no m e ns concede, that iun time of flap rant war, th >. Oongreis wan’d be censtraiaed *o wa-t u ltd that resource had b ob wholly ex hui ~ m success belore r-js. r.in :to the other Uod *r such circu ii T. . ices, promptn- ;i; an in lisp -r,sable cie r.ent, in ra-«;-:g armi-s Delay /.mild olten amount to failure. That scheme /hie » pi omisss tbs greatest attainable promptnes: and efficiency, is both necessary and proper. Os these, the Congress must be the judges,beqpuss in th un is vested t!,e po#er, and upon he n rests th; res poMibillty of declaring war, and rai-. ;g aratiw to pios-.cute it. Those who wotil-i tbu * fm-t th ■ of Cm ■{resi, seem to forget, that ml tntiry euiistmnut is not mentioned as a means in lheConstitntion. j I’poii wliat, the i rests their i i.i .u ioa’ Ci.arlt ' o i th i- own uutione of fimtiisaud propriety. And u;o.i ‘.l:i points h->w variant are men’s ido/a r They are referable to uo cti'.erion, measureabh by no Ktaudard. .Something more weighty than vague abiti'ac.i is, must be invoked to indue; us to letter tho Government, i.i the exercise o' n power, upon the vigor o -v:neb depends one na tioaal ex-ttence. But it is further argued that the proc:ediug by which the plan;-ill' :u error is hel l in custody, under whatsoever clause of tho Con .titution el tempted to be justified, is vi; .ally n calling forth of the m-l't'u, aud viola'ej -i Constitution m that, it la .-s i-sni sheStat'ea : ie pow r of appoint ing otfic rsoi t:e mil tin, mo called forth. This nrgu-ii.-nt rests upon - - fact t ~t the men now being enroUc i tor a i t.c in ibe army, have bum previously enrolled by the Statei as m.l.ti t-mja. The simple aid obviou ; r ‘id,•• fs, th . th; ot Pus of the citizen is not merged in the militia man— that the fact of unrolbn >.it with Ibe unii.i.i, does not exempt hint from other duti ■, ;.nd l.ab .ities nf citlzonship. If it were so, and r- the m-.bti tb: s a.acred a body that tfce Confederate Govern ino it cannot touch the individuals composing it, •then would it be in;prop, r fur t'n -t Gyvexamest to seducs them from it,by the eil.r ol bounties, and wages as an tndoeement to Voluntary enlist ment. The consequence vould b-, that ia time! like the present, when our access to foreign pop ulations is cut oil, the Government charged with the eonduet of tho war would had it impossible to raise armies ; and the clause of the C.ms'itu tion conferring that power, would he a dead let ter, when most necessary to “the general wel fare.” The paints remaining to be considers I, arc re solvable into • this -That the power claimed is violative of tho spirit (if not ot the Isttei ) of the Constitution —incompatible with Htatesov’erciyu ty—aud subversive of the State Governments. Having, as we think, t-slablishod the erirtenceof au express g ant of th9power claimed, we might well decline entering im-qso wide a fiqld ol in quiry as that thus cp;u6d. Toe task 'would seem mora appropriate in a body clothed with au thority to make, or to alter, and aaieni thu Constitution. Vet, u3 it has been pressed with great earnestness, and, an under our peculiar institutions, it is dot .ruble no : , only tael the Na t.oeal Government should p is3oss necessary powers, but that its p "i isfon ot teem, ahould* meet Pm nanctiou o: public op.u.on, we wfll cou- Stder this view. The objection rests upon this has is—that throughout the Constitution, th.rj is manifested an intention to transfer trom the States, previ ously invested with all -poiuicil powers, to ihe OjuiedvriHe Gov.rnmeat, only snub ol thorn us are n-.-c Maury to tho atiainmcn* of tha en i tor which it was established, leavieg the residuum unimpaired with the Stated. Tee intention, and its rectitude, we fully recognize YV'e accept it, ui a governing principle, with the Convention fiat fr.nu-.-d. and tao several sovereign peoples I that ado j t.-d i.. Fur the ase'rUianvsnt of titeiT iatenlion re ■ .rdii'g tho power iu question (“to mire arnres”) we {.repose a candid application to th • iod ii v.aw, of this cardinal principle, in the cifcums'. tncoi surrounding sh ;m. It is otot-ivn Jy proper to* state, first tho end proposed 1 1 be accomplished by tue adoption oi the Coast*, i ion. A careful perusal ol the instrument cannot fail t) impress upon mfud o: tliothei-iquir t-r the signitican t fact, that in ifie distribution ot powers b :tw * n tite Si.v.e and Confedera'.-; Govern ments,the regulation *»i internaltailai.sisieit wtiu the former, wiiilt'. tbo external relations ot all are committed to the hi. ter. From this we deduce two ;n!(*rences—F-rst. that the to.nicr were deemed fully competent to regulate the civil con duct of individuals, and to promote their domestic prosperity in the aggregate—and, therefore, all power necessary to those purposes remained with them. Secondly, that they were incompetent, severa'ty, to xnauage successfully the v-st machi nery of international relations; aud, therefore, for this pnrpd#, a common agent wus constituted for them, and invested wi i necessary ppweis.— The controlling inducement, thtu, wus the better and safer conduct ot foreign reia-tous—the groat end aimed at, the embodiment of such streugth a.* would deter encroarhmont, repel invasion, and defend r.ght, in those relations. Our constitution, (with a tew exceptions, not .affecting this investi gation) is a literal copy offhe Constitution of the United Gules, under which otic States, until ;o oontly, confederated with others. The experi ence which induced its adoption was out* experi - ence. YY halever ligitt,•theretore, may be derived from American histoty, anti whatever authority from eminent victors m ti e political arena, be tween the Declaration oi Independence, and our Secession from the Union, are legitimate aids in the further proseeutiou of onr inquiry. The Con stitution of the United States ban been preceeded bv articles of confederation among the States; be ing their first experiment in a bond of Union.— It had been tried iu avar aud in ;> ace, and had been found defective. Fromm at among the de fects thus developed, v.vs a want ol power in tbe General Government to raise revenue, and to raise armies. The general Congress had authori ty “to defray charges of war and other expenses, out of a common Treasury ; ’ but iu.it treasury “was to bo supplied by the s/vcral States —the taxes for (hatwpurposn to be laid by their several Legislatures.” It had authority only to agree upon the number of land fofees, and to make re quisition upon . acb iStiite -or its quota. Dur forefathers tear in and from experience, gathered in the R;v o’.utiouary war, t it requisitions upon the .States for their several quotas of food forces were net met with equal promptness. iheG.ateS most r/njotc from the seat oi war, and least af fecl.-l by its ravages, responded tardily, or not at ail. Similar difficulties and delays occurred in raising revenue, lienee resulted two serious consrq teaces —the full number • mrcas 'agreed upon by Congress, as usee sary tor d/knee, /as never supplied, and the bar.::. ot -be actual supply ot men and means press*:*; ; -equally upon the Guiles. It will be eonerti-.d iat in urnisbing her quota of men, each Si..'a bah tbo power o! compulsory enro im «, an ii i fnrnisbiug her "quota of money, tbe power of compelling the payment of taxes. ■* But Ihs defect in the system wes that the power of making war was vested in the General Con gress, whilst tho jjowers .-f rais ng revenue and armies, remained with the States. The Congress could neu'icr act directly upon individual c-tizens ncr compel the States to do so. It was Io remedy Ykese tfo * is ia the old system, tuat the frsmers of the b cderal ConstWution proposed to give such ample power touching armies and revenue to the new Government. The first testimony we adduce of the defects in the articles of Confederation, ued the appropriate remeov, shall be from the Father of his Country. ?sh> igum, whose position as Commander lu-Ohw cf aie Kerohiuonary ;vrmy, yare him a c ewer view of those defects than any cotempora ry could possibly have, writes ihus in 17m fin the mffist of that war,) to John Parke Custi- ’ h ; g friend and relative, then a Senator in the Legisla ture of Virginia. After insisting upon the “ necessity of having a permanent force,”instead of “ temporary eaimt ments and a reliance upon the militia, " he con tinues U must be a sealed plan, founded on system, order and economy, tnm is to carry us triumphantly through this war. Supineuess, and indifference to the distresses and cries of a ester State, where danger is far off, and a genera' but momentary resort to arms when it comes to our doors, are equally impolitic and dangerous, and prove the necessity of a controlling power in Congress to regulate and direct all matters of general concern. The great business of war can never be well conducted, if u can be condccted at all,'while the powers of Congress are only recom mendatory. While one t?tate yields obedience and another refuses it, while a third mutilates and adepts the measure in part only, ands i vary in time and manner, it seems hardly possible I that onr affairs should prosper, or tfial anything but disappointment can follow the best concerted I plans. The wiLling States are almcs-. ruined by ] their exertions; distrust and jealousy ensue. * Hence proceed neglect and ill-timed compliances, AUGUSTA, GA., TUESDAY MORNING, ■ AM'Aii Y 20, 1363. j one State waiting to see whatanoi’oer w.ll do. j This thwarts al. ,;r measure-, after a heavy j though in< ffo.a a! expense i3 incurred. D> no. I Utesethieg - ,ow, if a mos striking point o ! I vie "f, the :-.isp-;usahls necessity, the great and s g >od.p . i'.e r, ul each State sendiog its ab e;t and j b-st men to Congrass ; men who have a p-rs, ct j uni rsttndiag oi the Constitution of their coun , try, of it! p Icy an l intaiesaj*; and of vesting Ti.it body«. it eoxpstenl powers. Our indepen d ji.cu, our i .-sbic ibdity and eonssqneccs in Eu rope, our greatness ai a nation hereafter, depend upsa it. be fear ol gi»iug s.ifficieut powers 'o Gongreis, for the purooses 1 have mentioned, ie futife * * * A nomiua bead, which, at pres-at, is I; it a ioth-r uuie for Congiess, wiil uo longer do. That Lonorah’e body, after hearing fhs inter ;sla and vie vs of the several id tales fair iy uisens':/1 aud explained by to ;ir respective re pr-.sentatives, mas. dictate, aud not m rely ro f.or.i iiend, a.id l-m it to the Sta.es afterwards to •loss they pl;a;»-, si, as 1 h../; observed be fore, is iu m any cus s to nothing at aii.” (7. Sparks’ Writing.s of Washington, 412, S, 4) We submit whether any thing short of the Constitution as it saw is, aid as we construe if, would meel*the views of Y. aldington, as here expressed. VV/ >. th , adoption ot tho ooa un uion by the people of the Slates was au open question, its opponents insisted that those provisions were inimical to. the liberty of the citizen, and that they would render the general Government too strong, and t:i i idVtfe Governments too feeble. Its advo ca‘ ,-s ■ i : v ihc> r-cplid fro ii their recent expe ri.r.ci i-: pcae-s aud in war. 1 1 the State Cos v .-;i:oas assembled, to con u.fer and adopt or j c- the Couetitutio.l, and through the medium j: too IVeas, thoao couffloling opinions were urg -d with unreitricted free 1 in, and with the uuj irpnssid ability, evinced by the statesmen of that uav. u those discussions, tbe concentrated IS/hi.: - i'bisto y aid Os reason, Were brought to the .f-t of. a pure and elevated patriotism. We q iit>, ;n this connection, from the arguments of fiTinguixhed advocates of this power, partly i cause their opinions ’nrq cf themselves high . rity, but chis ! ly, became thogo opinions ..ivieg pr .vailed, we are justilied in assuming fiat .iieir raas-j-iisg wus accepted, iu tho adoption of the Con dilation, and in treaTng it us an index of intention. In t!i-! Virginia Convention, Mr. Madison said : ‘ ; power of raising and supporting armies, is .ie fined ugaiML as dangerous and uuaeces eary. I wish ther?%e:e no necessity of vesting this power in the General Government, But suppose a foreign nation to declare war against the United States, mast not the general legisla tive bav-: the power of defending the United Slat *■§ i Ought il to he known to foreign nation - thai the General Government of the United States has no power to raise and support an army; even iu the utmost danger, when attacked by ext.raaf enemies? Would nit th-ir ltu.iwlsdge of such a eircamstauce stimulat..- them to fall upon us ? if, M.% Ooagivju be not invested with this power, any powerful nafto.i, prompted by ambiatoa or aver ce. will bo ln/ii I by our weak less to attack ns ; an I such au attack, by disciplined veterans, would certainly be attended with snc.-ess, when only opposed by irregular undisciplined militia Whoever coosiders the peculiar situation of this country, the multiplicity of. its excellent inlets and barb: r.s, aud the uncommon facility ol attack ing it, be... ever much tfo may regret the necessity of s-.tch a power, Ca iuot hC3ita o a moment iu granting it.” II . then shows that the hick of the power, during th > rev dulionary war, had driven the Government to purchase foreign aid by a cession of territory, a. 1 coucludes : “This fact shows the extread-.ies to which nations will go in cases of itnminru, danger, aud demonstrates the »i«c; I'lity'of maktug out selves more respectable. Tii ■ necessity of making dangerous c..j»ious, aud of applying to foreign t. and ought to b; excluded.” —(3. Elliot’s I);bates. 112 ) So candid mind will imagiue, that Mr. M-adis m was here affirming tho nec.'ssitr, whilst fu depteiated if, of conferring o i the Gcnr.rai U'lVarnnitiit a simple authority to accept vuiun cere l ir uattqaat defence, in a mo mint of presung danger. Mr John Ma;shall, (afterwords Ghiof Justice V.&..) in thezprog.-csc cf tue same debates, speak ing of the p >wcito raise r. venue and to raise a:mies. sayH“'vY’hat arc the objects ot the national governmentV To protect the United Stales, aud to promote the general welfare. X’ro teo'.io’.i in time of / m’, is one of its principal ob jects. Until mar,kind shall cease to have ambi tion and avarice, wars wiil arise. The prosperity aud happiness of the people depend upon the performance of these great and .important duties of tho general Government. Can these duties be pur -brm :d by one Stale ? Can one State protect u«, aid promote our happiness? How th-m can the* ,tv ,m be tin* ? B I the nitioaal govorn ment only.' Shall we vtfasc to give it potter to do them? YVo ar-d aaswsrt-d- that she powers may be abused; that though the Cougr.sa may psoaiot; our happm ;r, yet they may piostitute ih/'r powers to destroy cur liberties. Ihi3 goes t - iltc dcstruc'.ion ol all ojuU J ucs in agoots.— Would you believe that men who. baa nicrited vnur highest cunSdence. would deceive you?— Would you trust them af.erone deception? YVhy hesitate to trust the general Government? The object nf our inquiry is, Is the power necessary, aud is it guarded? There must be men and money to protect ui. How aro armies to be ruii-’d V Must wa not have money for tnat pur pbse? * * It is then nec.ssary to give the government that power iu time ot peace which iho necessity of war will render indispensable, or else we shall be attacked unprepared. * * * The propriety of giving < Ins power will be proved by tbe history of the world, and particularly ot modern r/piuivlici. I defy you to produce a single instance where requisitions on several individual St t* . I, com 1 .-sing a confederacy, have*bcen hon estly complied with. Did gentlemen expect io 3ee such punctuality complied with :n America? If they <!i;i, our own experience shows the con trary. V,';; ar3 told, that the confederation car— r: .1 us through tho war. Had not tho enthusiasm of liberty inspired us with unanimity, the system would never have carried us through it. It would.have been much sooner tm minuted, had the government been possessed of ciuo energy.— Tbe inability of Congress, and the failure of State,! to comply with the constitutional re quiUtions, rendered our resistance less cf c err, ibsn it might have been * * If re quisitions will not avail, the government must have the sinews of war tome .other way.— IHqui/,Turns cannot be effectual. They , wiil be productive of delay, and will, ultimately be inef fectual.”--(3. E liot’s D bates, 228 ) Again,'speaking of the linger of foreign ag gressions “be said he would n-ive the general Govern nent nll neeessftay powers. If any thing be nccwisary, it must 1)9 so to call forth the strength of the Union, when we may be attacked, or when the general purposes of America may re quire it.”—(3. Elliot’s Debates, 283.) In the New York Convention, Mr. Uamiliea, (who was also a member of tho Federal Conven tion,) said : “We contend that the radical vice ia the old confederation, is that the laws of the Union app’y only to States in their corporate capacity. Has cot every man who has been in our ielatnre, experienced the truth of this po silion? It i3 inseparable from the disposition of bodies, who have a constitutional power of resist ance, to examine the merit* of a law. In this examination, not being furnished with those lights which directed tho deliberations of the g vieral (Jove ument, and incapable of embracing tU» . ral interests of the Union, the States have a!u t uniformly weighed the requisitions by their own local interest, uud hive only executed them, solar as answered their particular cou ve. »"ce mid advantage. Hence there havo e~er been thirteen differeut bodies to judge of the n:ea-: t of Congress—and the operations of g ivewm,. .: have been distracted by their taking •iiS'tfent c,-.arses. Those which wire t , be bene titted, have confplied svifh tbs requisitions pothers have totally disregarded them. Have not all of us been witnesses to the unhappy embarrassments .-.-i.jjh resulted from these proceedings.” Then atier B'vne details showing that two S:ates only ■ had pj.d'ectly discharged their federal duty”— ; tpat two others “bad been totally delinquent,” ’ an.s t'io r maining nine partially so, he continues: j “What, sir, is the cure for this great evil ? No j thintr ; but to enable the national laws to operate on individuals, in the same manner 29 those of I theStat/s do. This is the true reasoning upon | the subject, sir.' The gentlemen appear to ac i knowledge iis force-; yet while they yield to the principle, ihty seem to fear its application to the government.” (2. Elliot s Debates, 231-o ) These who will take the trouble to read this speech wiil perceive, the speaker did not refer exlnsiveiy to requisitions either for mew or for money; bat to the who!* subject of requisitions, upon which tha Congiess of the Confederation were dependent for both, idis reasoning is alike applicable to each. ludeed, it must be ro in the nature of things. The same motives which would indecs neglect of, or compliance with, one description of requisition, would lead to a like result regarding the other. In the Connecticut convention, Mr. Elsworth, having enforced by historical examples the neces sity m confederated sovereignties, of coercive power in the Federal Government, continues : “ But, to come nearer home, Mr. President, have we not seen and felt the necessity of such a coer cive power! What was the consequence of the want'of it darh.g t.e late war, particularly to waivis the closf-‘ A few States bore the burden ot toe_war. \\ hile we, and one or two more of tne States were paving eighty or a hundred dol s per man, to recruit the continental rrmv, the i to^walwvn^h o*** 0 *** bsd scarcely men enough til rtnt, h a r ?? cers - * * * But Ido not I 1“ a . m r the Painful recital; enough has sa.li to show, o TVtVos in at, U “ 1 Government to enforce the of th» g is absolutely necessary. The .LTstitotion be ore us is a complete system of legislative ludicml and executive power It was designed to suddly the detects of the former system ; and I better! upon a full discussion, it will be found calculated Ia the convention of South Carolina, Mr. Fine ::y, (i delegate in the Federal couventiaa, upon the genera! snVj :ct cf the nature o' the power proper to he outidei to theGmeral Gov ernment, said, “He repeat;d,‘ that, the necissity of having a government which should operate up on the pearJ \and not upoa the States, w s con ceived io bo indispensable by every delegation presen: :” (iu the Federal convention,) “that no vev,r they may have ditl'erei with respect lo the quantum of power, no objection was made to the ays Icm itsed.” (4 EUio.’s Debates, 251 ) And ii the same arannierit, reviewing the different powers, to all of which (he loregmng remark is app icable, h 3 continfieg : “As to the power of raislug troop*,, it was unnecessary to reaiark up oa it, further than to ay that this i3 a power the government at preteat possesses, and excercises, a power so essential, that ha thoqld very much doubt ihe g >*i.l sense of information of ihe id »and, who s’ooula deem it improper—it is guarded y a declaration, that no gra its for the purpose shall be longer than two years ata time.’i (Ibd., 255. it ia obvious that Mr. Pinkney must be under-' stood as eaying, that the power of raisi.ig armies wan e senti-d to ill* governoi'-at, and that in the exercise of ii, as well 03 of the other pswers, it was necessary that the gov, rament “should op erate upoa the people, and not upon the Statej.” These quotations might be multiplied, but we. cbem these sufficient to present clearly, the rea soning upon which, aud the object to attain wbieii the people were urged to adopt the Goa - stitutioji .Did it comport with limits appropri ate to this paper, we might fortify cur position by large quotations from adver3S views presented iu ihe same conventions, by reason of the fact that the adverse trgam uls aud counsels, however able, eloquent and earnest, were rejected, iu the act of ad iption. To th; foregoing we will add a few extracts from the Federalist, a publication iu ITSB, by Madisoa» Hamilton and Jay, urging upon the w hole people of tbe United States the adop tion of the Federal Constitution. In the 15th No., pgB.G7-70, Air. Hamilton reiterates tbe views present-id by turn in the New con vention, nnl in No. 26, p. 116, he remarks ; “The idea restraining the legislative authority in the means for providing for the uational defence, is one of those refinements, which owe their origin to a zeal of liberty, and more ardent than enligh tened. YVe have seen, bdwever, that it has not had thus far an extensive prevalence; that even in this country, where it made its first appear ance, Pennsylvania ard North Carolina are the, only two .Stales by which it has been u any de gree patrnoizid; and tha. ail the othors have re fused to give tho least countenance.” Mr. Madison, c minienting on the same defects i.f the Coniedera’.iou, reviews the construction' and epit imizis tuo Irsfory of several sin ilar svs • lems; the Amphyciionio Council—the Achman League—and the Germanic Empire. Attar en umerating the powers vested m the Germanic Diet, ho says : “From such a parade of ConstUu tipnal powers in the representatives an i bead cf this confederacy, the natural supposiiion would be that it must form an exception to general character which belongs to its k-ndred symem.— Nothing would bs further from ihe reality. The fundamental principle on which i> rests, that Hie Empire is a community of sovereigns; that tha Diet ia a re. reseatatioa #f sovereigns; aud that the laws.are addressed to sovereigns; render tho Empire a ntrvelcss body, incapa la ot regulating its own members, insecure against external dan gers, and agifoted with uuce rain g fermerjtntiofSs in i*s own bowels ” [Fed. No. 19, p. 95. , Again, in concluding the historical summary, be snvs: “ I mako no apology for having dwelt so long on tbe contemplation of these Federal pre ctdeuts. Experience is the oracle of truth; and where its responses are uuequivocd, they ought to bo oonclnsyve and sacred. The important truth, which it unequivocally pronopncaß in tho present case is, that a tovereignty over sovereigns, a government over governments, a legislation for communities, as contrad a- inguished from indi vidnals, as it is a solecism in theory, so in practice, i- is subversive of the order and ends of civil polity, by subslitatin violence in the place of law, or the destructive coercion of the sword in place of the mild and salutary coercion of the magistracy.” (Fed. No. 29, p. 92.) The substance of the lesson thus inculcated by these sage3, is, that ia the exercise of he powers to raise revenue and to rais armies for the protection of the coun try, the federal firm should be so lengthened and strengthened, cs !o enable the Governmant to reach individuals, instead of registering edicts to be enforced upon them by the States, if in their eovereiga discretion they should choose so to do. Since then, with these ob'ecticns nrged on the one hand, and answered on the other, with all possible clearnesi and force, the people of the several States adopted the Constitution, what ia the just conclusion as to their intention regarding the clauses u nder cjnsideration ? Clearly it would seem to transfer tbe entire powers to raise rev* enue and to raise armies for the uses of the Gen eral Government from tha Stateß to that Govern ment; to place them sido by side with the war making power. Bat to make the transfer complete, it was necsssary that it should cmbraca touching revenue, the power to enforce payment, and touch ing armies, that of compulsory enrollment. Armies, it is said, may be raised by voluntary enlistment; so revenue may be collected by vol untary payment. Yet, all concede that the in tention was to grant the power of enforcing pay ment. Then why not, paripatsu, with it, that of compulsory enrollment? The grants arc both expressed in general, comprehensive terms-as proniotive of national defence, they are mutually dependent—inseparable : the Government fcaroft of either cannot possibly make the other avail able. Then, why subject them to dillereni rules of construction? So much for intention, in the adoption of ihe Federal Constitution. The people of the Confederate States, when they came to rerform a simdar act, had received additional historical enlighiment. They learned from the history of the intervening period, that during the last war with England, there had been convcned.a Hartford Convention, with.a view to tho organised opposition of several States to a war in actual progress—that ihe Governors of several of those .-'-fates had boldly denied the pow er of the Federal Government, to call theit militia berond their respective boundaries. They were thus taught that refractory Governors, aud recu sant States were to say the least, possibilities.— Thev mig’i't readily infer that States which cculd not be relied upon” for m litia service, were scarce ly reliable for army requisitions. It thus appears that, with the same end in view guided by the same, and additional historical lights and prompted by the further consideration that, in tho very hour ot their action, the cloud of ter rible war hung portentously over them, the peo 4>le of the Confederate States adopted, quo mi these powers, the same Constitution. Our conclusion is, that the power ot raising armies by compulsory enrollment, was necessary to the 1 attainment of tie end; thatit wa3seen by them to be so ; that they intended by the terms used io grant it; and consequently that it is not violative ol tifte spirit of the Constitution. That the grant of this povrer in the plenitude claimed by the Congress, and conceded by this Ooart, ‘ is incompatible with original, unabridged State Sovereignty, is a self evident truth, for it is a very high political power. Bnt we are pre cluded this test, by the Act of the States, par tioniug between themselves and the Confederate Government, the powers, which, aggregated, make absolute sovereignity. The true test, is, whether it be t'ue exercise of a delegated or an usurpation of a reserved power. We hold that it is the former, and therefore compatible with the large residuum of soveresgnty which the States intended to retain. If the true construction of the constitution be, that, in deference to State sovereignty, the Confederate Government must depend upon the separate, unconcerted action of the Several States, for the excercise of powers, granted to it in general comprehensive terms it is but the shadow of a Government: the experi ment of confederated Republics Must inevitably fail, and the sooner it is abandoned ihe better.— The alternative then remaining io the advocates of Republican Government, will bo either the separate nationality of the States, each facing the great powers of earth, in its pitiable imbecility; or t'ue obi.teration of State lines, and the forma tion of a consolidated Republic. It is believed, however, that, construing the Constitution by a jnst and intelligent discrimination, unbiased by jealous fears on either hand, the existing happy means may be made to work safely and benefi” ciently. Nevertheless, if it.be true that the exercise of this power, as we construe it "would be gnbsersive of the State Govercoiant3, or might be made so,” then indeed is it violative of the spirti of the Constitution. That such is its character, say its opponents, is apparent from the following view If the Congress have the power to enroll, and force into the army, the citizens of the States they tnay enroll their Governors, Legislators, Judges and Ministerial officers, and thus annihi latecivil government within their borders.” It seems not to have occurred to the objectors, who, conceding that the power, as an incident to that of raising armies, must ex necetntate rei, exist somewhere, claim it for the States, "that they might enroll the corresponding officials of the Confederate Government , and thus in the midst of war, annihilate the ageucy charged with its prosecution. Should it be said that this sugges tion is the offspring either of * n excited imagina tion, or of a distrustful hypercriticism, we must allow the justice ol the impeachment. Bnt, then, how shall the first escape the like condemnation, seeing that the two exhibit plain traits of a com mon lineage. The earnestness with which this objection has been pressed, and the countenance giTen to it in high quarters, must be our apology for bestow ing upon it graver and more extended notice. We have said thr.t the “power to raise armies” is unlimited as to the use of means: we have not said, it is unlimited as to the subjects upon whom it may operate. There are certain first princi ples which nndeilie all governments, and all or ganised sooiety : the violation of which the fra mers of governments are not supposed to intend, Pent . -tt mpted v.oiati/n of whieii will always hi air sted, ,Sa;s Bur.amaq-v, t ie great expounder ot Natu ral and C.vil Law: “YVe must not confound an absolute .power, with an arbitral y, despotic an 1 unlimited authorAy. For, from what we have i aow said onssruiug t’ao origin, and nature of i absolute s. versig .fcy, it manifestly follows, that it ! is limited, from its very nature, by the intenliou of those who coulerred it.” Tbo Government of the Confederate States wa3 formed by the sove reign people of the respective States, for specific, W3U defined purposes; but they retained for other purposes, equally well defined, their several pre existing Governments. To enable it to accomplish one of the purposes for which it was instituted, ws sav, they grant ol it unlimited power in the use of means, to raise armies, front thei copula tions. But if ever that Government shall apply those means to the enrollment of tho offleera, and events, by whom tho State Governments are ope rated, aud without whos: agency their machinery iinust stop, it will manifestly transcend its limit, iy violating “the inteution of those who confer red the power.” We quote also *o the same effect I Rutherforlb. In his institutes ei Natural L i*v, after explaining how despotic Governments are produced, lie proceeds : “In all these cases tbe s line body, which prescribes what is to b; done having the public force iu its bauds to com pel the execution of it, is subject to no constitu tion .1 checks or controls; it ia possessed of the whole power of Government, and consequently is as absolute as it is possible for civil power 1 1 be. Isay as if is possible for civil power-to b3; be c,-u.:e civil power when it is vested any where, unleg* in tbe collective body of the Society, how ever absolute it may be in some respec's, :s not so iu ul!. We call it absolute, whore th-.- Coasti tut oi h.i3 provided uo constant n.:d uni dim con trol if it; that is, we call it absolute, when it is so in respe ;t of any constitutional restraint. But still, >s it is only civil power, it will be limited by itiown nature: for as this is a power formed for co tain purposes, it cannot in its own nature be so hr absolute, as to be free either to promote those purposes, or to prevent them.” (2 Ruth : Tue preamble of our Constitituiou recites, that “the people of the Confederate States, each State acting in 2s sovereign and independent character, iu order to form a permanent federul government, establish juitice, injure domestic tranquility, and secure the bessiog* of liberty, * * * do or dain and establish this UoaatnutioD,” Ac Now is it no; apparent that whenever the Gov ernment thus ins uuted, shall ns . a power grunted to it, so as to annihilate, suspend or obslmet the State Governments, charged With the aiministra t’on of interna,, domestic polity—with “estab lishing justice,” between nun aud man, U will ‘prevent the purposes for which it was establish edan-1 so exceei its limits? Gir YVm. Bluckidoae, affirms that the raw of iature is superior io civil power, aud that “uo j luma i la vs are of a*y validity it contrary to it.” j Ist lilac’s Com. 41.) Vatel says, “The law of Nations limits the <2vit J lower.” (VaUiTa L. N.fprolimiaoris-:) See. ;. ». ! ■U) YfY’n learn from these Cfoimmtat >-* (of as koowledged authority) that civ.! poor-■•, even in despotic Governments, is hedged io. and rosLv. r*- rd within limits, by great fir-at piTaeiiVos. or by limitations inherent m each parrcuuy system. YVere there no more certain or deli sits seoniity, ia oar case, we might confide -.hat a UaveruveDt administered by ageuta, chose . at abor. interva's. by the people of tue several Sto es, and Uverefoi .3 responsible to then, would respect these r.aia it sal recognized limiis, of even iireipon obfepower. Bat taero are in tbe Constitution itself, express limitations covering this point. Tbe sixih clause ot the 0:U article is in these words : “The powers not delegated to the Confederate States by the Constitution, nor prohibited by it to tho Btates. are reserved to the States, respectively, or to the people thereof.” Asa general grant of power iA cladss the means necessary to its exercise, so a general reservation of power-includes its neces sary instrumentalities. As no interference of State authority with the exercise of granted powers should be pinnitted, so uo suspens on or oDftruction by Confederate authorities, of re served powers, should be permitted. Without descending to particulars, we remark that the whole class of powers not delegated to the Con federate States (and it is a large out), requires governmental functions, which were previously ia full exercise. Any interference with these, would violate this c'ause. Again, the fourth clause, tLird section, fourth article, reads thus : “The Confederate States shall guaranty to every State that now is, cr hereafter may became, a member of this Confederacy, n Republican form of Government,” As. O.Yn n Republican form of Government bs -maintained, without the necessary irs'-ru mentality ? If by any act of the Confederate -overnment, such instrumentalities, whilst in ihe exorcise of their proper functions within any State, were forcibly withdrawn, wouid not that act viOltte the constitutional guaranty ? In tho populations ol the States, 'be’-s In ample scope anu verge for the exeio so cf the power iff question, wiffion ■ ln /uu ns vhe u partment* of the Slate Gover; meets, t-o for, ihs Congress h -ve recognised ihs limit h. r p-ruled cut, ijy an A;t of exemption, diiv-sUry of their euro ling c.u cers. We have said that they in.yy h ; sti -'r for its observaace, a ! we now ad i, that, in nir opiuion, if ev ” re {ardlcss of *t, -hs ju ticml nt. r position, coug it and refusef in ah' i case, m ght properly be invoked. Our conclusion, hen is, that a3 to Ino use of means, tbe power 13 unlimited, but cleariy lim ited, so as to exempt tho civil officers of ths sev eral Btates. Buch is the construcftoa we give to the Consti tution, and vve now c.te. in addition to those pte viously cited oa particular points, high authori ties, which seem to us, to caver the whole ground. Judge Etory, who by his judicial opinions, and by his voluminous Commentaries on the Law, has established u wide and exajti-d reputation, is a jurist; aud whose clear legal vision was never jaundiced by political aspirations, or party asso- has treated this subject fully, both in its historical and political relations. YVo commend to the impartial inquirer, his en tire commtntary on the clause in question, Irom section 1173 to 1187, inclusive—commencing oa page 64 of the 3d volume ot his Commentaries on the Constitution U. 8. Our quotations must necas*arily be limited. Iu tec. 1174*p. 64, vol. 3,he remarks : “ Tho powir to raise armies is an indispensable incident to tbe power to declare war; and the latter would be literally hrutum fulmen without the former, a means cf mischief without a power of defence. Under the Confederation, Congress possessed no power whatever to raise armies; but only ‘to agree upon tbe number of laud forces, and to make requisitions from each State for its quota,’ ” Ac. It will be observed that the learned commen tator considers the grant under the old Confede federalion, “ no power whatever to raise armies.” But if the present Constitution does not give the power to coerce individuals, it will be ex ceedingly difficult to appreciate the gain of power. After giving a summary of the arguments ad duced for and against the power, whilst tbe Constitution was before the people of the States for their adoption or rejeolioa, tiu adds, (section 1178, inclusive,) 11 Indeed iu tegard to times of war, it Beems utterly preposterous to impose any limitations upon the power; since it is obvious that emergencies may aris., which would require tha most various and independent exercise of it. The country wouid otherwise be in danger of losing born its liberty and its sovereignty, from its dread of investing the public councils with the power of defending it. It would be more willing to submit to foreign conquest than to domestic iule. But in times cf peace, the power may beat last equally impor tant, though not so often required to be put in full exercise.” In 18X4, Mr. Monroe, then Secretary of the War Department, preeented to the Congress a plan for the increase of the army involving compulsory enrolment. For this plan, see 7 Niles Weekly Regiiler, 294. Whilst his plan was under consideration, Mr Monroe addressed to the Chairman of the Com mittee on Military affairs, a letter, from which we extract, cs followg ‘•The ilea that the United States cannot raise j a regular army in ny other mode itjeibv accept- j ing the voluntary service of ind v dnoli, in be lieved to be repugnant to the uniform construe j tion of all grauts of power, and equally so to he i first principles and leading oejecto of the federal j compact. An unqualified grant of power gives i the means necessary to carry it into eff-ot. This is an universal maxim which aom.ts of no ox * ception. Equally true is it that tat conservation j of the State is a duty paramount to all outers - - ! The commonwealth has a right to tie service ol all its citizens, or, rather, the citizens .'.out ogirg the commonwealtn have a right collective) v and individually to the service o; each other, ,o repel any danger which may be menaced. The manner in which the Bervice is to be apportioned among the citizens, and rendered by them, are objects of legislation. All that is- to be dreaded m each case, is the abuse of power, and happily, onr Con stitution has provided ample security against that evil. “The limited power which the United States have in organizing the militia may be urged ac an argument against their right to r .iae regular troops in the mode proposed. If any argument could be drawn from that circumstance, I should suppose that it would be in favor of an opposite conclusion. The power of the United States over the militia hag been limited, and that for raising regu-lar armies granted without limitation. There was, doubtless, some object in this arrangement. The fair inference seems to be, that it was made on great consideration; that the limitation in the first instance was intentional, the consequence of the unqualified grawt-of the second.” (7. Niles R lftd-9 ) Georg# M. Troup, of Georgia a man “without fear and without reproach, a profound States- , m to, an eailv. o “is'en n ict unrelenting e tv.- c-.teof State riih .; Them the people, qf Georgia {at lea It, r.‘ v-ds -i ./at . *• honor, and fvt..g :.*:•■ i following, in -- ■ *■ ! of that Ootnmiticj:. j AsChai/ma i he r p -rir.d . i.till, for ihe inc-ru eof the armv, based u> :> Y■’ fiouroe's r:c » n ,and t tion, and sui-pun- ■- ' : 1 vrgumeu , .rum which we extract t ie t .i -< T ANARUS; •‘But is it -re i: ■ • ' v/hlc i jou can resort for filling ;-e task--, baa o nutary enlis moot ? I would 0/ Cittern ■ • -rr. if w« canid not. 1 hav«.a>ways thou > th «. »*-rnrasat, when a.’ ministered ia the ;i * 1 1* ■£ tbs Consti the strongest Gjvc.-am . the wirid, ever t.* the purpososo: vvat bu. mi *e doctrine •• e* up c late be true, this n t o wea.:-* - ana mpti cm tcmptible Governnuu. ou eurtii; it>* aai-bar fit for war nor peace; it has foiled ot all the ends lor which Governments arc ostaoi.shedq it cannot bs true that this Gororatnsnt, charged with the general defence, authorized to declare war and to raise armies, cu t have but one mode of raising armies, whilst every other Government that, has ever oxisted, has bed an absolute power ovdr the population o' the country lor this purpose, aud has actually exercised it; but this question is do properly before the House, aud 1 will cot go .nto an argument to show that yon can, like other Govercmeuts, resort to other moJes of raising armies than ibat of vo'untary enlistment; that you can resort to classification and draft, to clas sification and penalty, or any other mode tvhicu a sound di«retiou may, in a particular siate of the country, dictate aud justify. All 1 intend to any at present is, that you ha;e an abadute power over the population ot tir.i country for this piir pos3, upd that in the present state of till country, it is wiser to resort to el issification and draft, than to resort to the bill from the Seuate ; the one will give the meu eortaiuryhud expeditiously, the other wili not.” (7. Niles Weekly Register, 79) . Thus sustained, by cotemporary, and subse quent expositions of the Constitution, we rest up on our conlusious, uud sturbed by any lingering doubt. Aud it is a high gr .tifisation, that in the crisis-of our fate as a nut.on ; when flagitious wai is desolating our country, we nro enub'ed m per feet consistency with tbe obligations of'official du ty, to “stay-up tho htu-l.*”. o* oar (.fonfede ato. authorities, ia the w a : asm ti.nc'y caere se.o a power expressly grande I. We, therefore, u-itir iiri.!; ndjudg' ‘feat the judgment of tho Court b and > v be affirm ; *. Special Gornspoui'no o; > Stuiiiul. Lawton’* ISjrTrad .* tu.. is xt i o .; F«d.- critic «;>";( Is Camp, Viuot r r. Ji/ :0. 1563. ; Ma*Ei>iroß :-Sa.v: ■. e -r. r . co-, i < V nqtia 1 , n.3 troops have anffir ad u; .rs ot •ine'hs.for ssr vice ihaa these composing tins foiend; 1 Georgia Brigade, in'every ©ajjagoment l urdic. hut oae, duriog IVe past campaign, U Ins be. to 5 »ot to !w f/ t f irir »rd aod to tbo brunt ui -.no fiat tie ; end in bp tat. n» have ibey fitic i to win Ires’: fou/cis, or to i> honor to their co'rie Sfol". iia. -.u no -. c :-a probably, Uavo.thvv‘so sig nal iy c-riica, v- ith »*.:i - dees, us they did e. 4 the iorc-nt h r- 1 Fi sd-uicksburg, .with, tha ir oi bast a:d •c-3 r.siul charges on the encm;’s bai teres a «t posi 4»UB. The v, r.ter ol this lettsr getting aepaQttoH frotri his cnmnmn t, fought through with o-ie of '.he re gimer-ts—t-ti: gaiiani Tliirty-eighth Gso/g ..-as« had the pt/amrs of wtiu-ssing heir coadti .t oa this osCiri u. nance this commupic ition. Ths enemy during the day had by an ingenious fiink ir.oremoct, succeeded iu driving back our J:aes for a considerable dis:ance, when Lawtonls Brigade came up, advancing iu splendid style, and commenced pouring such h<pvy and well directed volleys into their ranks, taen ebarg'ng with such violence, that thoy routed tho Vandals, driving thorn like an avalanche with frightful slaughter for near a mile, taking iu the route a largo number of prison, rs. Coming to a d;teb in an open field, the enemy rather recovered and turned to make another stand, being under cover of their batteries planted just beyond ou an emin ence. Here the brigade halted, and the writer himself was of the a-,union it had ventured the pursuit as lar as prudence would dictate; but gloated with victory—the spTrit be ng fully arous ed, aud tempted by the old “Stars uud Stripes,” still unfurled to the breeze just ahead—the Thir ty-eighth, followed by portions of two other regi ments, the Thirty Sr.* and Sixty first, if I mis take not, sprang the fence and charged the ditch, “taking in oat of the weather” alrntst au entire brigade, besides bringing to tbo dust nearly aii .who attempted to esexpn. Having tuus oi/posed o? tho infantiy, an order w:s eriren to charge the battery, wireti ihe man made at with a tferp rati m uaparuflote i ia the anna’s of history, approaching suiiiciea.tiy near to put to flight the cowardly brigade phe/d to ift. support, to make the gainers abandon then pieces, a"d to -it /at do»n a:, tbe g-ins several oi the bors*.'! Taut they led tii* oa.tery Boffie ieng.h of lime, but a®nv>-‘i!i i in being txiiausled, aua t! j enemy refofjrcicg heevily to th * night, mill none coming to bsir aid, tb:y had to rut rs reluctantly i atmg hebiud toe “giUteiing p">ze.’' U.—e ended one of the hardest eontcated oattles of ‘he war, resulting la another g on-, u * vic.ary to C iiiiederute arms hod muehatt the honor cl :aa viotorv sb mid be assnuid'to the yafor oi Lawton’s Brigade. . The ga-lanti y of t ome of the offi 3e.-s of the S3.a Georgia was truly remark&bie. Two in pari c ue. attracted mv attention, au bearing th. most con spicuous v- -ft, wh<Jh« names la. csi lam and a ter wards to bo 0: pi. U twkms’ of Uo. E, a>d Gaft. Brinson of to. G. fibs latter displayed almost a reckless c mrags thnoeghoui the tngagemeb ing trequei tly *u udyuac s cl the R giuiect waving his cap and aapp.’y cheering the men ou ie victory. As the Brigad: came out and reformed, Gen. Early rode up anti c .inptimeu «and the men very highly, saying taey had covered inemseives at over with glory, tuat the o.tiy o j a’luu he had to their conduct Ui y had voctucjcS ioo far unsup ported I have not been abn to obtain the loss sustained by ibe Brigade, but fear it most have (..yen heavy I p resume a list ot the c > titles will be made on: by the proper persona and ;; veu o h: public. 1 have writteD this much siui; iy as an ao of Jo.sTtcs. Middlk Tknnkssbs Nbws fiu iati-.ma, tile position now occupied by G a Bragg’s army, is in Coffee county, enn., v turned oa Rock Creek, and offiers admirable mears of defence. It is 71 mile* from Nashville, and 32 from Murfreesboro’ and lies immediately on tbs Nashville and Chat tanooga Railroad, where it is intersected by the McMinnville and Manchester Road. Asa base of operations and as a position of defence, we under stand that it offers great advantages Although Roseneranz brags ihat be whipped Bragg completely, we may be of good cheer with 4000 prisoners, 30 cannon, etc., in our hands, ft is not by such victories that nations are conquer ed. Rosencraoz is much in the pickle that urant was after the battle of Shiloh—very sick at the stomach and unable to travel, fie will hardly fortilv his way to Tullahoma, as Uai'eck did to* Corinth, but being adventurous, may press for ward as fa: as be can. Still ha will give us time to fill Bragg’s-ranks, if the people do their duty. A correspondent of the Atlanta Confederacy says that tue reason why Bragg full baok, was be cause it was ascertained tbat RosencraDZ Was making p.repcratious for an attack npou our tit tle army, with two columns, and a tuird column in motion to intercept Bragg’s retreat or attack him iu the rear, as the case might be, either of which three columns were cqnalto our whole ar my. Itwas then thatßragg determined to fait back, to do which no lime was to bs !o3t. Nearly ai! the arms and property, and all the prisoners cap tured were successfully seat back, aud then tue army was withdrawn safely and without any at tack from the enemy only some slight cavafoy akirmisoing, though many of our drud remained uuburriei, and some of our wounded wers est behind that could not bu brought oft. Atlanta Markets —Yesterday was a Cold, nicy d'.y. Thef epp'y ot mod v the streets equals any demand. she entire week wcs .ne and( ac ' vie. V'a- I cobs fion eeerr quarter or the nirrou d.ng • country crowied the streets. They : .‘ought in j ■o fodder, shacks, huge, p s «, -'.fy'-oes, &c , i t!i of which eo’d for good pncea. Tj iteya fcave j drooped since Ne - Ysl»r. abe dffiiuity in trr-nspoitition cu .uis large j transactions. Touacco i« buoyant, t*. advanced prices. is held hr.-a st - rvriona prid-s, and will go r; as ooon a it can go iff Tyre is much icqury !.r | "pure co*n,’’ a $lO per gallon. Nails are tc-i.e --i and domandgont, et.ff prices. No cotton g th ere coming ia. Tin foolish legis ation has tlro.vn a'l the fVston*? ia‘o contracts for the Or.ve-c tnent. OanaLurg-t and 4-4 sbeetintr stiff at 75 os. par yard. Taros are -a demand at $6 50. Sjit wenid yen believe it ? -ealt only $25 per J 1 *®* . Fat hogs and gr*-asv speculators may squall end grunt ad liUit.m. Cotton card's s2* per P* ir - Woollen goods dull at former prices. Some shoes coming in.— Confederacy , 18 th. “Murd.TwiTl On “-On the Ist 1860, abont three a. m., Joh “ „f ro } West Broad at Williamson’s Warehouse corner of & and Btate streets, was str nowß a t the time, slung shot by emne pe h n e u died on the third day from the effects of w and county offi cer. All the eflorts of tbe city «• of n( / avall . cers to f « rret h ou ‘ho for the murder Francis wh° 20th ult., we learn, stated responsible witnesses, after hi. t 0 tw ? ?w he ’was the party who struck Eagan gfung shot at the time above mentioned, with a smug • Savannah Republican. . bil , has been intnxJuced into the Federal Senate authorizing an issue of $50,000,000 of de mand Treasury notes, in addition to tte amount authorized by the eel of duly, 1862. , . ... VOL. LX X.VII-NEW SERIES VOL. XXVII. NO. C v.txr i-aia as Orpicsa or ™ Alabina.— ! t" 3 i, ’° crcury publishes a long letter ■om aimbofo -mi<o offioer of the Alabama to a 0 in seryoo.. Annex-l o- r readers wili nr i taeinist iatevestiug portions: s‘ttf C , ” ore oomfurtabie than curs aV■ .* sh /. I , 1 " 18 wa ' c ' aiul »M*re of the . ““* ; le,olTU U POU xu, more discipline sod c tv,* duty are enforced than we shall, per mps get credit tor. I‘fonty to eat, plenty to tho "foe' 1 . P f Uty nf . work to do, is the order of tb® «lay aad of every day. it wo :id be an endless task for me to attempt -..gw .3 uneveni an outline of the fearful havoc .j h ,v:committed among the Yankee vessels . si.cc we left tho shores ot the Mersey, or of tho i dssfro.ctton' of the many splendid ships, of which notonop.ank was left fastened to another. * * vYo have already taken about twenty vessels laden witn every article which itisposs bl almost for the countries of the world to produce, and they have all been destroyed with the exception of one or two, whose commandeis have given bonds of various amount* of rausojn to Captain Semmes, payable to the President of tbe Confed erate Status when prp.c3 is proclaimed. The laßt one which wa let. ff was the To*awr.uda, which lay beside us several days and bid a good deal ot British property, with'somo doubtful aboard— the captain and crew being aboard our vessel.— They were all glad to get awayffiiut the only reason why such a coarse wuspursued was that they had a large number of femaleß on board as passaagsra, which the skipper said could not be stowed iu our ‘ fixius” uo kow Tha historic ;l chivalry of the South would not permit of our disturbing or molesting the Females; so tve took his bond, put (•he prisoners wo liad on board, uud sent her away, dennfie’s declaring that it was enough to break a man’s heart to sec that hq was compelled to. part ia such a way with no spluudid a ship. The prisoners we take arc treated as well us possible, though onr haviug so many bauds on board pre vents thorn all from leceiviug what might he consi-ierei proper accomoioJutiou, Some are made comfortable enough ; but there are impu dent aud ;ii suiting Yaukocs who are not tbank ‘ fa’, even for their lives being spared, anil they mint tri e lbs conseqaences.' ti ;cc we have come into these waterswe have g. t ton r sp tended gaus additional, nil mounted; ad, what with our own crew and the brave volun tec-e who have since j fined us, we are now able to fight a-i w..-il as run, aud both at ihe same time, if n e i os so. Due thing is certain, no Federal steam er v i l fiver take the Alabama, nor a man of us Uiive. Cfoptain, officers and men know their duty anti are quite aware of tha doom which would- be ail taem .f taken; for there are no croakers or ska.kershsra ; but if so unlucky a thing should t.kc plies, aud tha hair of one of our beaus be in j r.u, our ommander assures us that the Gov -romea. cf Richmond will hang a regiment of Yankee officers ia reinitiation. ASraoNG Anti Lincoln Docdhsnt from across rat tYA-rza. -A latter from London has recently oeen peb-isfififl in tho Belfast News Letter, an Irish newapapir, in which Lincoln’s (mancipation proclamation is denounced, and he and his fol lowers scathingly rebuked. Below we give somo est.-acis : If Me. Lincoln were a Brahmin we could under st'.ud him, for the religion of the Brahmin leach es him that u s s'ms uad shortcomings are not to bo rc jurd-td as those of common men. The law promulgated by Lincoln is like tbat of Menu, which declares f.b-it the Brahmin is entitled to all that exists in the universe by bis primogeniture aid eminence of birth. Asa general rule, Mr. Lincoln seems quite prepared to give effect to this comfortable doctrine, to tbe exclusion of any anxieties as to its bearing pn the imeretts cf others, save to the extent that they may chance to bo coincident with Ilia own. Tnis eminent Yankee claims sovereign sway from Staten Island to tbe Rocky Mountains. * He cannot bring bis mind to the contemplation of the disputable fact, that he is a very humble per siu after all, and that in all human pro ntir.li:y, iie will return to his native obscurity in a few short mouths, and leave behind him nothing but a name infamous for alt time. His proclainnn9h was not an abolition edict—absurd as such a ukasa wouid be—because it proposes to free only those slaves who belong to persons in arms agaiust the deipotism of the North. It is nothing more nor less than a premium tor murdering men and out raging women, it is the most odious and atrocious outburst, of brutal and cowardly vindic tiveness tbat ever emanated from a Pagan or “Uhristiau” tyrapt. The authors ot it, and tho •‘Ohrtstaiu” pcople.who approve it, ai-e moredebas ad than the besotted savages of the Fejee Islands; and, if the Great Powers of Europe do not step in •„o prevent it, they will deserve, us assuredly they vtil incur, the execration ol posterity. Heretofore, the patriots oi the South have rcoruad to avail themselves of servil defendeis. T u last and foufsst crime just perpetrated by tbe L-aC/l"; Administration will, however, justify any as: to vri c-a they may now convert the enormous ah.l U’ldev-fopod power within their hands. * * * 1 suould like notbiug better than to sea o tfoalhe/n African brigade leaping like jy itjfo na.Kberu ou tue Federal hireling crew, vueiher Irish or German,or native rowdies, who Lav-, HisL .nored nanh od, and outraged every utimvntof virtue, morality, aud decency, by „ J uga of abetting tbe hideous crime of the North. Auo‘is. • f.attire in taia most cruel and uu /al war. which appears to have escaped the IttcniiOo it deserve., is he act tbat the people of the ‘fonfed*’** ■■• d-tat.a have imposed upon them eiv-. . :jx oftw/uty per cent. —an amount here voture v. t;aeut a piecsuent in the hiatory ot the wo 14. VV iat wou'd lie said in the United King do uof a tax or six months at Ihe rate of 4s in t ie ... u :J, ..i 40 ptr cent, for the whole twelve houffis? Ve; this sacrifice has been voluntarily mi le U this Heroic people, who will perish to a before u-y consent to the liatelul yoke of tho detested Y rnkees. fins Fbdssals and Chaklkstcn. —Tbe Rich mond Ui pa ca thinks that, uftor all their efforts o take Richmond, tho Yankees consider Uharles tuh a priz much more to be desired, ft gives several r.a.,ons for the beliei, and winds up with the following suggestions : Tha condition of New Orleans wouid be an Ely sium compared to that ot Charleston if |t should fall into Yankee hands. . There is no indignity il* neoDle would not bo made to suffer; no atro city its P enemies aretnot capable of i-erpetrating. ft would bo bettor that not one brick should be lelt7tandmg upon another in Charleston ; better that its whole population Bbould be driven out houseless 3nd homeless to tbe interior, than sur render to the Yankees, and bo governed probably by Builer the Beast, who might lie sent there as the most efficient agent to make Charleston drink to the drt-gs the b.tter cup which the Yankees have prepared lorher lips. But we have no f Jars of any surrender. If Charleston should tjc'dea troyed, jkwiß be ouiy the loss of a left acres of Carolina soil, leaving intact the etrength and inde - pendence of tho fct ite. We are satisfied, how ever, tbat Charleston will drive back tbe invaders in ignominiqqfl come out of the coLhict witllOT herbanners flying. There isin ccnruh ! ! '.d of raat'covoted city ao old acquaintance ofth. Yaakees —he who made Fort Sumter bead its p.oud bead, and who first sent tbe Yankees to the' right about at Manassas with a velocity unpa railed i.i the t-nnals of war. He is a man whose hsift burn3 with an intensity of patriotism more than eqxat to the ardor of their fanatical passions, and r?h;se military genius is equal to any emer • geicy cI the war. With Bauregua/d at the head oi Carolina’s chivalry, tin ro win bo such en en sriaiument ready for the Yankees at Charleston which \vi:l satisfy their appetites for invasion for - g.nerat'oaa to come. A Iltaoic CJvficbr —The army correpondent of the 8 v riMSh Republican among other inci- J-n sos the terrible battle of Fredericksburg Dar ia es ‘.be ib.li ;Wing As an i lustration ot the extreme coolness with which tt e ofilers behaved, I would refer to the conduct ol Capt. W. 8 Hrewater, of the t«re' ‘V fou.th lioorgiu Regiment. He would pass the line in tda face of the terrific fire of th “ e f J r cot for tbe p.irf ase of encouraging j m press they needed no encouragement, tak j n g I upon if em the necessity of being c°'® t 0 B how ! ae'ioerate aim. Sometimeis hie would.»„■ p haßd , he I VLsm t-ow to are- ; akin * , the wall. raise him -1 V- Jld rest it ooon-h- down would ■ w'." ■» 1 ‘ I £SSI~W .S' 1“ Mgaged r ,“revived a m hm knee, which rSSnA Bor" fa New York, of he died the whi < e quite young he was taken Sc rharltetor, where hi resided up to the breaking Harina married in Ceorgia, he Abated as n private in ibe 24th Regiment, was subsequently chosen Captain, and in all the bat tles fnwhicb be participated, displayed tbe high est qualities of the soldier. JJpon tbe restless energy and stern integrity peculiar to hig national ancestry, was engrafted, as upon a stock, the gentility and chivalry of the southern gentleman A soldier and a gentle-nan, no truer or braver SDint has been sacrificed upon the altar of our iberties than that of Walter Scott Breweter. Stat* BgomssTS.—We learn that tbe tw* Regiments which the Legislature to be raised for the State service, will. <° all probability, be orgamzed by tbe let of the month Eleven complies, we learn have nearly completed their organization, some of which have been received OtCra are aloo being organised wuh prospers also of soon being received.— Atlanta Intelligen cer, 14<4. Ti!K PftfßlDKM'll u.U A. i»'j< U»0. 1‘ —As ,f the arrival or the Piest.it at ut It chtnoi. i, he « i serenaded by the ciitTrns of that (dace. A ? tha.band had played, ha appeared and mud. v short uad eloquent address, a sketch of which t Gad tit Ihe Richmond papers : lie thanked bis friouds for ihe manifestation a • taeir oud expressed 1 is pleasure at u:»ei ing them again on bus return to the Capital of th t Confederate States, in a GommonWlth whic , two rol !i ~h e thua i r ? of the bloodiest battles o ' l!r ol S“T?' f “ c ' the principles was h<> b * l ’ eTei1 > the incentive to fig' !b«w off theJT r? whe “ our torofatho s open and manW 0f for the-- had „ savavea y f? 0 ’ wlMle our enemies come n a r 4 r r r r »' lhc •iirlhit 8 nti . llle K\«rcs oi the head A> • * .urther earociaUou a ill, Yankees was loot It "'to loathing and horror, and even thein . ?rt ni ? U t. aht K 01 1 •' mias fi °nld bn more readily tol rated by the people of t e South He soeke the recout of our armies, as having cau - .0 tnghtesi ruoWone to full, upon our arm 0„e year ago many of us were despond™ hat UOIJ mark the difference. The gallant 1 - who partakes largely ol the noble charactered I ■ a fu lisr i Light Horse Harrv,” of the Rc c of* rep ® atedl y driven back the invader., flrln ■°* 1 > aad 'ooently, when thev gathered for their mightiest . Uort,'at Fredericksburg tb*' them ! ! gUU hurled l,uck ' aud suddenly sopped iu heir movement “on to Richmond.-’ Some ‘ t blttd« d w C m n Rlch “<>nd, and he hoped eve v dt co Miie . maK ■' fe * of lbe8 « dißarmtrd aucotnhted heroes, pttsoners, not conquerors, there. So, 100, in the West; at Mutfret-v --boro another brilliant achievement has been r . lormed, aud at \ icksbnrg tha enemy in th.ver L • in bid gigantic prej el for ooeniug the naviga ol ihe Mississippi. This, he believed, w r dampen the ardor of the people of the No-.U west, to whom tha Mississippi wns as an outlet of trade, uud hq predicted the . beneficial i fleets from it. The present, hovyet er was no lime to relax our efforts. The enemy must everywhere be met with unflinching cour age ana resolution,’ and our victorious armies would iu time conquer a ponce The resources of the South, developed during the War, had as tonished the world, and he believed they would continue to increase, so loug us vre were engaged iu hostilities. Tiie President paid a high compliment to the women of Virginia, which' wa3 a,.;.: eiated by tjie few who were in attendance. He spoke of their devotion to the sioic and wounded noldiars, re presenting every State is the Confederacy, and from thousands of biave hearts the prayer now ascends, ‘ God bless the women ot Virginia.” With such women al home, and sjtch sold-ere in the field, the eventual saocess of our cuubo is in evitable. He spoke of the pleasure it would give to miugle socially with the people of Richmond,- but the cares and anxieties of his position left little leisure for the indulgence of tho finer feed ings of nature, la days to come, however, when our independence shall have been achieved aa l the augol of pence spreads her bright wings over tho laud, it would b-; bis delight to know moro of a people to whom he was indebted for ao many nets of kindness. At -.bo close of his remarks, the President invoked ibe blessing of GjJnpon our cause aud people, and bade bis uudience “good night.” Killkd and YVocndk-o in thk Fifth Grohoia Rxoimsnt at Miikfurksboro.— We aro indebted, says the Constitutionalist, to Lieut. George Adum. of the Clinch Uifl/s, of this city, for the following list of casualties iu ihe Fifth Georgia Kigiment, at the battle ot. Murfreesboro’, lljc. 31, 1862. Field and Staff.—Killed -Col W 7’ Black. Company A, Clinch Rifles, CnplD H Ansloy, comd’g.—Killed—Newton Rice, Thomas-W Mor gan. YV’oanded —At! B Holt, \V P Steed, U M Walton, s-tverely ; J .1 Miller, W J Mil ner, slightly. Company B, Griffin Light Guards, Lieut W J Dutry, comd’g. —Wounded—Sergt J YV Duffy, slightly ; Private A.) Barr, severely, Company C, Iris’i Volunteers, Lient M J O’Con nor, couid'g.—li tilt J tior| 1 M J McNamara.— Wounded—Privates, C Hanlon, T. Hdlivah, CP Cody, severely ; T Jtahonoy, slightly. Comp my D, alcDutfey.Riiies, Capt. YV B Hand ley, c YVouudcd—Scrg*.:i G P Hudson, slightly ; E E Cody, severely ; Privates S YV Htory severely ; J B Lariow, Jas English, R M Shurley, slightly. tioiu j ii.y a, Dawson Volunteers, Capt. J A Fulton, Cjin’d’g Ki ted—Private T J Brantley, cjfoi: oa ucr. vv’oundoJ, Bergt J M Bush.se Tartly; Uorp’i .V L Beard, privates JM Horn, slightly ; VV B Johnson, severely and missing. Company i 1 ', Uutlihe.t Rifles, Capt Juo F Kid doo, Com’ri’g. Killed—Ssrgt S P hiddoo. Wounded—W’ D Ward, slightly ; privates W C Jaukins, severely ; T J Healey, slightly ; J F Hjalev, sev.rety ; Theodore Skctton, sligbtly. Company G, richlyy Guards, Ca ot J T Hurt, commanding. Killed lst Lieut J YV Etsou. Wounded—tiorgt A C C.oveland mortally, since died ; corporal It VV Kiliabrew, severely and missing ; private Chas VVoutack, slightly. Compauy H, ifur.lee Riff -s, Lieut J B Johnson, com’d’g. Wounded— ttiergt D VV.Taylor, mor tally, since died ; corporal 11 D Bedell, privates L Ol Waters, J J Pruitt, severely ; J YV Ogletree, slightly. Company I, Georgia Greys, Capt Jno F Iver sou Uom’n’g—Killed—Pnvats G W Ward.— Wounded —fiiergts J S Baxley, Al V Cook, Corpl L P Aenebbacker, private J fc> Everett, slightly ; privates G F Banks, L G Uuerry, G W Shearer, severely. Compauy K, U p.o . >’« u * .! i, 0 ipt vY- G Horse - ley, Com’d’g—Killed—Privai:; Geo YV Horsley. Wounded—Capt VV G 11 i 'ey, tiorg G P Bird song, Corpl W T Jennings, J >V D.irrougb, se verely. Tu* Foesign Couuk.sf Nosm;., of tub Isdsbal GoveuNURNT. — fin . ;oi igu cor.-espo .nende trans mitted to the Yaui.ee i.'ongru.- / v. ry volumin ous. It commences win ... it Brita n as far back as Novell! 3tr 2.’, id'ti. A Nor' ru sum mary giv. S the lollawiug la part : Mr. Adams, in bis correspondence with Earl Russell, says, with respect to the conduct of Robeil Bunch, her Majesty’s Consul at Charles ton, if it be true that he has made any assurances, direc*- or indirect, to tbe insurgents in tbe United BtatcC ofi a Disposition on the part of her Majesty’s Government to recognize them as a Hlate, it was uow clear Jbut he acted uUerlywitboutauthorily- Mr. Adame is instructed to announce, as the re eu.t ot the most cairn and impaitiul consideration upon tbe question submitted lor its decision, th© necessity which bis Goverument feels itseif,under to revoke the qpnequatur of Mr. Bunch. Mr. Adams, to fj crelary Seward, January 17, 1862, sujdjM.e ii.i3 reason to believe’ tnat the re uuviCVn tbe crisa* belli in the Trent affair has amoved u most serious obstacle in the way of all itie calculations made by tbe party disposed to sow dissensions between tbe two countries. He alludes to the schemes oi the party existing in London, huviug tor its object the recognition of tbe Southern Confederacy. “It,” be saye, “tue issue of the contest is to be emancipation, with the ad of Great Britain, surely tbe object lor winch the rebellijn against our Government was initiated—rlbe protection and perpetuation o elavery—ceases tofje a motive for resistiog it lurther. If the course ol the emissa ries here be unauthorise;.,' it ought to be exposed here, to destroy all farther couff deuce in them. If, cu tbe contrary, it be author.zsd,'-it should ue equally exposed to tbe people oi the slavebolding States. In either event the eyes ot the people both in Europe aud America win be more effectu aby opened to a conviction of tbe na r certain consequences'of this S ,e^®‘ r “f g, ®i lud Mr. Adams, in the forego.ng remarks, atiude. to the reported treaty r f a „, lreedo m of alt tion Os JU import ol a.area •*-. blacks bom barealter. _ , liKli T. K. K. Uoae.—The New York referriu:' to the late Confederate Gen «rai e (fobh. Os Georgia, a h . was killed in the bat tle of Fredericksburg, says Ur Cobb was au eidiy io the Presbyterian Church, and an active member of iccieeiastieal bodies, a distinguished author and contributor to tbe religious periodical literature of the country. Bis religious communications have appsared in this paper, aud we esteemed him as an ab e and excellent Christian gentleman and scholar. When Mr. Lincoln was elected to the Presiden cy, we made special exertiens to set before the people, especially our readers in tbe Boulh, the duty ofyie.ding patriotic aud conatilutienal obe .hence to tbe Government by whomsoever udmin stered, and we lurther insisted that resisiance to the Government would be rebellion. Mr. Cobb was tbe first to reseut this doctrine, and to insist upon tbe light and daty ot the South to take im mediate measures to deliver its people from the Government of the United States. Tbe Observer makes tbe following remarks about the job Mr. Lincoln has undertaken to per form -It, When we see such men aa Cobb *ud BdiiSnd Preston and Jackson, a 1 of them *stingui«ed for their intelligent Christian cb-oacters, all olFtbem Presbyterian elders, all n * them leaders of the enemy, uad all of tbutw men of prayer as wefl ua valor, we are luO' j aod more p-rsuaded tha‘ oar people have s et appreciated the AasX they have u--«rtakea in the subjugation of theSontfi. A Modsst Mbssags. —The Washington Star says ih,t the following telegraphic despatch was lately received at the Vaußee War Department lrom General Btnart during the reoent raid in Yirginiai ] lit ass's Station, Dec. 20—3 P. M. Quarter c.aster-General Meigs, Washington : In fn'ure you will please lurnish belter mules. Those you have furnished recently are very infe rior. * J. E, B. Stuart, Map Oen, C. S. A,
