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governor brovfnvj MESSAGE.
KXiXCTiVK Di.IAI.TUfc.NT. I ,
MifcWHOKvnxK, Ga., March 10th. 1. 64. )
7 o the S".TUilc end floii iof JlfprCM ruotii
Th „ ~„t r; o ti o z.-at exhibited by you at your
lau-r -«iori for the promotion of the interest
and protection of the liberties of the country,
and the personal and offiual courtly
which I received at your hands, and for "hiih
I renew iny thanks, have satisfied me that lay
log aside all p.at party names, mne», and
strifes, your object, a* legislators is to dus
charge faithfully your official duties, and to
(sacrifice all private interests and personal pre
ferences. to the public good. In view of these
considerations, 1 feel that I can rely upon your
counsel ■ as a tower of strength in time of dark;
ness and gloom. 1 have therefore convened
you that 1 may have the benefit of your advice
and assistance, at this critical juncture in our
State and Confederate attains.
TitA.NSI‘OB'I ATION Os I'UUN TO IXDIGEXT 8 I.DIEKS
- FAMILIES.
Hince your adjournment experience has
shown that it is not possible without assistance
from the Slate, which will require further leg
iriation for the agents of the counties where
there is great scarcity of provisions, to secure
IVafisportation tor the corn purchased in South
TV,-tern and Middle Georgia. to the places
wfi' re it is needed. To im-et this difficulty, I
respec dully recommend the .passage ol a law,
authorizing the <Juarter-M»*ter General of this
State : or such other officer a« the Governor
may fieri ‘ims to time designate under no ■
«t :itrt 1 an of the Kail Roads >a th** -tr.'*'* -v k
*hei toiling stock, or any othet a- .
\ eyauca. and require that corn »’ 1 f'~ r<-
vlsio. “ for tic. i, '7 ■ ■ <-g" *
troops, an ! t.flf g'ipplte nw«s.- ‘.ry for sup
port of the armies of the Conf«deruti Htat. »,
and that the act piuvide for th> am
Iran poriauoo, while in pur-res-ion ; lie a
thorixed ofiicei'' of tM| State— the eoti.pen-..tri- a
to t>e paid out "f taUitiOUej already * ppro;
nted an a relief fhnd, (>y the ngenis or persons
at whose request the transportation may he fur
nished.
experience has also proved that the counties
of North Jeastern Georgia most remote from
the Railroad cannot obtain sufficent, means of
transportation to carry the corn from the Rail
Road tojthe place of consumption. The scarcity
of teams is owing to the fact that their horses
have been taken for cavalry service, and their
oxen have been impressed for beef for the
nr my. Finding that there was likely to he
mi iff i suffering in that section for bread for
soldiers families, I ordered the energetic Quar
inaster General of the State, to purchase teams
and w igons by drafts upon the military fund,
arid aid those most destitute, and most remote
from the Railroad in the transportation of the
corn. If this action is approved by the Legis
latuic, as 1 trust it, will be, the teams now about
ready for use, cau Ire employed iu this service
fora portion of the year. If not approved
they will at any time command more in the
market than they eo3t the State, if not needed
for military uses.
HET.IBF l-’I XD FOE SOLPIKHs’ FAMILIES.
I am satisfied that the indigent families of
soldiers, in many of the counties of this State,
arc not receiving the benefits to which they are
entitled, on account of the neglect or misman
agement of the Inferior Courts. Six millions
of dollars have been appropriated for this
purpose, for the present year, which if proper
ly applied, is sufficient to prevent any actual
Hiiti'ering Complaints come up consUmtly
that adequate provisions are not made for the
needy In many cases, I have no doubt, these
complaints are well founded. As evidence of
the neglect of part of the Courts, it may fie
proper to state, that great as the destitution is
umong those entitled to the fund, the amount
due for the last quarter of last year, has not in
some eases been applied for. Some courts
have not yet sent in their reports of tho num
ber entitled for the present year ; so as to en
able i.ie to have the calculation made ; and the
amount due each county ascertained; while
t' th-: counties have made no applica
f the fund appropriated for
mor has power, to require
th- - ) reports, of the disposition
iu oases where ho suspects
.orly applied ; aud to withhold
pa ;.-.!.) i! courts in such cases ; he has
o: , . . , el the court's to do the r duty
net - ‘ho fund from them aud a])
point any ottm, person or agent to distribute it
among those for whom it is intended. 11 the
courts fait to act, the law makes na other pro
vision for the distribution of the fund. Un
less some better plan is adopted, I am satisfied
the objects of the Legislature, will bo very
imperfectly carried out, iu many of the coun
ties ; ii.nl the needy will not receive the bene
fits of tbs liberal provision made for tuom, by
the appropriation. As it may he necessary to
pioviuo for tho appointment of active reliable
agents in tho counties, to assist the courts, or
to take charge of the fund in case cf neglect,
or mismanagement by them ; I respectfully
suggest that provision should be made for
commissioning all such, as officers of this State
so as to protect them against conscription. It
will ho impossible to relievo the needy, it our
most valuable county agents are taken from
tho discharge of their important duties by the
enrolling officers of ihe Confederacy.
Provision should also he made for tho re
moval from office, of all Justices of the Inferior
Courts, who neglect or refuse to discharge
their duties promptly and faithfully.
COTTON PLANTING.
Having »n former occasions, brought the
question of farther restriction of cotton plant
ing to the attention of ibe General Assembly,
I tool a delicacy in again recurring to that sub
ject. The present prices of provisions, and the
great importance of securing a continual sup
j-ly of the necessaries of lilt*, are my excuse
tor again earnestly recommending, that the
law be so changed, as to make it highly ponul,
for any person to plant or cultivate in cotton,
more than one quarter of au acre to the hand,
till the end of the war.
This additional restraint is not necessary, to
control tho conduct of the more liberal and
patriotic portion of our people ; but there are
those who for the purpose of making a little
more money, will plant the last seed allowed
by law, without stopping to enquire, whether
they thereby, endanger the liberties of the
people, and the independence of the Confed
eracy.
To control the conduct of this class of per
sons, and to the extent of our ability to pro
vide against the possible contingency of as fail
ure of supplies in future, I feel it to be un im
perative duty, again to urge upon your consid
eration. the importance of the legislation above
recommended.
ItXEOAI. DISTILLATION.
I bog leave again :o call Ihe attention of tlie
Genera! Assembly, to the illegal distillation of
grain into spirituous liquors So great are the
prefits realfzthi by those engaged in this busi
ness, that the la»y is evaded in every way that
ingenuity can devise : and I am satisfied that
the evil can not be effectually suppressed with
out tarther and more stringent legislation.—
Some of the Judges have ruled, that the act
passed at your last session, does not gb -• them
authority to draw and compel the attendance
of a jury, out of the regular term time of the
Court, to try the question of nuisance ; while
noun* public officers have shown no disposition
to act. for fear of incurring the ill-will of per
ilous of wealth am! influence, who are engaged
sn the daily violation ot the law.
Distillers in some parts of the State, are pay
ing tea dollars per bushel for corn to convert
into whiskey : while soldiers’ families, and
other poor persons are .uttering for bread.
1 renew the expression of niy firm convic
tion. that the evil can only be effectually sup
pressed by the seizure of the stills. We now
need copper for the use of the State Road, and
for military uses, and I earnestly request, that
au act lie passed, authorizing the Governor, to
impress all the stills, in the State, which he
has reasonable ground to suspect have been
used in violation of the law; and convett
them ini.o such material, for the Road, and
implements pf war. as the State may need :
and that he he authorized to use all the milita
ry force necessary to accomplish the object:
and that provision be mode for paying the own
t-r just 'ompoHsation vor such stills when seiz
ed. 1 also recommend that prolusion be made
for annulling the an mission of any civil, or
mil tary officer ot this Sta-e. who nuts to exer
cise vigilance, wk! to discharge liis duty faith
fully iu the execution ot the law against ille
gal distillation.
impress us-vr or PROVISIONS.
Since your last session, experience has prov
en that from distrust of the currency' or from
other cause, many planters have refused to sell
corn or other provisions, not necessa y tor
their own use. to .State or county agents, ior
-he ml rkct pr.ee when offered, while soldiers'
families have been suffering for provisions.
X recommend the enactment of a law. au
thorizing State officers, under the direction of
-\e Governor, to make impressments of pro
visious iu ail such t-sses, and providing for the
"ttvmoat oi' just-a»penss3tfoii to the ow ners? ol
iik' property jjiiproseCtl.
>ljL y eb U'-Ai'INO TO TC£ ESSMT.
T -„ r.> ial icports of ledc-ial officeis are
taad Wtiwtv that ifiz enemy now Jus oh,Wy pf
oar slaves employed against ns If : r <
000 abio bodied negroes had l-eii tarried n-'o
the interior by their owners, when the enemy
approached the locality, where they v, ■ .n
--ployed. and put to work, 'rearing land
making provisions, we should to-day levs -
50,000 stronger and lire enemy ts .' mu.
weaker, making a difference of 100. e.;O in i ,e
present relative strength of ti. ■ pai • 1 1
struggle. When a negro me. v ■ -■
upon the gold bo.-i*, escapes to the enemy. ui
sum of the aggregate wealth of t:;-- - ate, --
which she should re ive u.\v# b t —•• -..-
borer who shonld be employe 1 in tn s pr
tion of piovisions is abg> lost, while or, ia.-* .-
er, or one more aimed man is added to the
strength of the enemy.
i t is therefore unjustifiable and unpatriotic,
for the owner to keep his negroes, within uca
distance of the enemy's lines as to inane i e ;
for them to escape. This should not b j- w
mitt* and ; and to prevent it in future, Eucii ia-**-
should lie enacted, as may be nec< -»ary :*> c ■
pel tlieir removal by tb ■ owner i , . i ca-c
or to provide for their-forieitiue to the State.
No man has a right to so use his * wri : . ;
ty, so as to weaken our strength, dimin -h our
provision supply : aud add rcoruits to the army
of the enemy.
DESERTION OF OCIt CAC6E HV KEVIOTaTA TANARUS" riUX
THE ENEMY'S LINE.
lam informed that a nuErhsr of pc - o
the portion of our State, adjoining to Id -.-A 'J :
nessee, have lately removed with their lauillh i
within the lines of the -u- my and ere’, ior
with them their move ode nrer '
»i.» -er been loyal to t'r.r
i ®c., in their blaus.'
rec -mmend the mtactreeat of ala w prot iri-
I ing lor the confiscation of tic property ci re.
| dcf.troye»l, by r Jds of th: eutui/, ■■
ban 1 of tori*?-
). am '»iaformed, Unit di*
mies ; or avoiding service nave lefttl:,-. i-iu.;
lies behind, and gone over to tlie cnein , am.
are now under arms against us. lam
to leam that tlie number of such pci-oiis •
very small, I recommend the confiscation of
tlie property of this class of persons also, and
in case they have left families behind, that a:
a charge to tlie county' that no part of the re
lief fund he allowed them but that they .be
carried to the enemy's lines, and turned ■everto
those in whose cause their husbands now
serve.
I also recommend the enactments of such
laws as shall fotevor disfranchise and deeitkei:-
ize all persons of both classes, should they at
tempt to return to this State.
THE CUBRBNCY.
The laio action of the Congress of the Con*
federate States upon the subject of the curren
cy-has rendered further legislation nvciwnrv
in this State upon that question. It < :-n not !*•
denied that this act has seriously enireir*.
tlie financial system of this State, and ha- .-
ken the confidence of our people iu ei.diev i :
justice of the late Congress or its eot l i]>i.-ieuc.-
to manage our financial affairs. Probably 'bV
history of the past famishes few more , ukh
instances of unsound policy combined with bad
faith.
The Government issues its Treasury note sot
SloO, and binds iiscl f two years alter a .
of peace between the Confederate St ales and
the United States, to pay the bearer that sun .
ami stipulates upon the face of the nov ;fiat s
is fundable in Confederate States stocks or
bonds ; and receivable in payment of all pub
lic dues except export duties, Tiro Consi.-s
while the war is still progressing, p.i.
ii to that this bill shall be funded in a bon
days or one-third of it shallbo repudiated, and
that a tax of ten per cent a month shall bo
paid for it after that time by the holder, and if
shall no longer be receivable in payment of
public dues, and if it is not funded by the Jo
of January next, the whole debt, is repudiated.
Did the holder take the note with any siu s < ..
pectation ? Was this the contract, and i tee
the way the government is to keep us laidn .
If we get rid of the old issues iu this way wind
guaranty do we give for better faith in iii:; i
demptiou of the next issues V Again, • i , .
the notes have the .express promise on their
face that they shall be funded iu chi;’, p
cent bonds. When f The plain import is,
so understood by all at the time of their bv:..
that it may be done at any time before ihe and i v
fixed on the face of the note lor its pay
With what gemhlance of good faith then doe:-,
the government before that time, compel lie
holdci to receive a four per cent bund, or !:
the whole debt ? and what better is Ibis than
repudiation When was it ever b >i'orealtc‘ii,i
led by any government to compel the fnndin;.
of almost the entire paper currency of a coun
try amounting to seven or eight- hundred mil
lions of dollars in forty days ? This is , ,
tainlv anew chapter in linTtneicring.
The country expected the imposition of a
heavy tax, and all patriotic citizens With pre
pared to pay it cheerfully at any ve.is-onabl.
sacrifice: but repudiation and bad faith were
not expected, and the authors of it cannot be
held guiltless.
Tlie expiring Congress took the precaution
to discuss this measure in secret session; ;o tis a
the individual act of the representative could
not reach his constituents, and none could be
annoyed during its consideration by be mur
murs of public disapprobaiion being echoed
back into the Legislative llall. And to in !.
assurance doubly sure, they fixed the day bli
the assembling of their successors, at ... tin-- 1
too late, to remedy the evil, or alibi'd adequate
redress for the wrong.
These secret sessions of Congress are ha
coming a blighting curse to the country. They
are used as a convenient mode of covering up
from the people, such acts of expressions oi
their representatives as will not bear inve.-u
gation in the light of day. Almost every at -;
of usurpation of power,oi ofbad faith. Ims been
conceived, brought forth and nurtured, m .- eu.;.
session. If I mistake not the British Parlia
ment never discussed a single measure in se
cret session timing the whole period of the
Crimean War. But if it is necessary to discuss
it few important military measures, such as
may relate to the movement of armies, in
secret session, it does dot follow that disom-s
ions of questions pertaining to the ctin cuoy.
the suspension of the writ ol habeas corpu . an :
the like, should all be conducted in secret ses
sion. The people should require all such m- s
ures to be discussed with open doors, and ti.e
press should have the liberty of reporting and
freely criticising the acts of our public sc: v.t;i: e
In this way the reflection of the popular '.fill
back upon t-ie representative, would gener.Jiy
cause the defeat of such unsound mea.um s. a <
those which are now fastened upon the country
in defiance of the will of the people.
But dismissing the past and looking to the
future, the inquiry presented ior our consider
ation is, how shall the State author!ri-.-s . .
the management of the finances of tlie State ‘
As the Confederate States Treasury notes c-.-n
--stitute the currency of the country, she State
has been obliged to receiveand pay them ou;:
and, she must continue to do so, us long as tin y
remain the only circulating medium. The
present Legislature has very wisely adopted
thepolicy, in the present depreciated condi
tion of the current y, of collecting by t iv. . , e
a sufticient sum in currency, to pay the t orrei.
appropriation of the State Government: Li
st, mi of adding them to the debt of too ' -.
to be paid in future upon the gold basis. If ; e j
State issues her own bonds and put them upon :
the market, or if she issues her own Tivas- i
urv notes redeemable at a future day iu h. r
bonds, she adds the amount so is-;. ! to h i
permanent indebtedness: and deiede t: 1 ]- -
cy of paying as she goes; as her own bonds or
notes, would then be our, and could not be r -
deemed with the Confederate nous when re
ceived iiito her Tie isury.
If the State receives iu payment of 1...;- ; t;
present Confederate Treasury note-- ,Lev •..
be reduced in amount one third by ad of Con
gress alter Ist April next, and the State i ■
ing them at par pays a Confederat - t x i
per cent upon all moncye that pass ti rough )■..;
Treasury. This of course canno: bes tbiuitu-.
to.
The repudiation policy of Congress s.
therefore, to have left ps but one nit; n.atirc :
and that is to receive and pay out in.iv si;.-:
sues of Confederate notes, as under the ...: - o.
Congress pass at par, without the dedu .
33J or any other per cent. But as we are o' ti- !
ged to have funds be tee the time wi ,u
now issues of Confederate notes can t
Circulation, the question presented is how si;
w supply the treasury in the mean time, in
my judgment the proper plan will be t-> •
Mate Treasuij- notes, payable on the 2o;b and
of December next gt the Treasury, U ud in <• eh !
of the more important • tries ot’ ’hi-
Confederate T reasury notes, of stab i-stt -
may he mads after Ist April next, to 1.- u-,-,; ■■■.
circulating medium. This enable-. ti„ - •
anticipate the new issues, nnd use .tii! i j u
vaneo of their circulation bv Coi.ie.i. r..i- I !
thority. The new- Georgia Ttcis;; v
tlai- issue, would be iust as . .
i.-sue oi Contoi- xu- uotes; beeauseii vai ;>LI
taem. and would lnr as current in iV. . '•
debts, 'llie act su- nid provide u
hereafter due the aune for this ye.-.t- and all \-
ptivable in the Confederate Treasury note
the new issue, and that they shall 1,, ,
iu the treauiry, wb* a collected, to rodc-m t!.-
. fcUte uvlte x*ay«uc W Ihcm. The «t v . .Xv .du
. V .V. ;h, St to i: i shall be re- :
i . a .. L ,k- notes received in ;
ibree m liUuatiet liiey ,
. prevent I
:i. -.a a»ay. and refusing
tab ,/ in for p..vment when due;nc
.. to the ter.ms of the c vi'ai-.ef. As the
.- . ;:x ... !. : due till next fall, there will ho
an • ••hi- t supply of tin- new Cons. derate
n hi tin- ,'. tiion by th -.ctime. to obviate ail
...y hi yliauring them by oar jieople to
pay the tax.
i :..i i aud the passage of a joint res >lu
.-. . : : : r S: - Gi.vernbr to have fundi* I
:• the six pm c.*;,t. bonds, provided for by the
.=. uil C mfeaerate notes which
. . rem..n iu ue treasury, or may be in the
: of any of ih financial agents of the
-be, ajt >v the tils' day ot April next, an 1 to
- . •- i' h bonds at their market
- - - we.-, .t , .in be made available
iin _• m : ’ to be ni .de- by the treasury : and
i to ei'e-iii tb- tii-ur-rcr with any losses that may
u ovi.- -.-on of the failure ot the bonds to
j bring par in tire in irket.
OEPHA-* a' f.-TATES.
Gn uc i-n . • tho piescul depreciated value
o; tne Corib.fi. rat? securities I recommend tlie
hprizes executors,
- : -ii - ' •it ■ ti,. sti-sS to invest the unfis
in ■ l -■-- - uri
■ - ’. i- it enables unsernpu
:-< ?■" ; ,-tr ;te fr mils upon
lin ue ■" oi; reins ot}.- r helpless persons
| .rcj.i ■ '-riteu by them; ar.-l in effect compels
-i' v - Iheir -iv 1 v-i ib.-s frf rorvn-.-mi oouds,
I yviiich no other ch-ss is rc- ..tired to do.
fctiairona .-.n
J r G- . : i ..f.,. ■f . -•.-. a-.,. .-. when I issue ij, .ty
-
t~ - • - ated are entitled i-j rc
' ‘i tv. ird to:- . -fun of the Gonfui'er
.*•"'■ - 1 -.- - “ r- • --ii- g.iiiant oiu -
j . v,-no lia-.-e l-.en cdectol by the people to
t'i and- . 1 hom, as well us their
• ><*•* • eivoiriy lated. furloughs were
- 'i- - d'.-uli-d, in a p isitionVhere it
-a -vi rill n- tens to attempt to dis
':"• -th< ii* diuies a» j teprefc'entat-ivvs oi the
;v - -.-. ' -
Tlir. .NEW .UU.ITIA OHOA.MZATIOX ASH CONSC!UP
TIOX.
Since y'our adjournment in December, the
Am line; n n| •r, >r Genera’, tinder my di
reclluii. ha- -ii-'ie a!! in his power to press for
w. the <«••; •!•!/. dioa ot tlie militia of the
-i l l-, ill C •i.fiirintfy tn the act passed IV)** that
:. i. >- -: ; ant! i Jut Vo tin: pi -asace to s'acej that
generally made ; except in
,i few h- niiri'c. where proximity to the enemy
.ii i it: ::;i(l the orgunhuthms vviil
s-.v-n be coinplei -d.
■rt th.s n:.-.-- in onr prcceodinga, we are met
v. ti ; ■ e.e obst-'Cks ,- thrown in our way
by Ih : la:- iwt of (Jungress ; tvliich subjects
\■: ‘.i-i.e 17 end dO, to enrollment as
enp service. This act of
G-V' S; • s prop :■ to take from the Stale, as
‘‘•v s .-:or.e on a i -riu.-y •.-a.-r-'-iou, her entire miii
; 1 r, ; ici .v. io K-omg • the active list, and to
■; - -k- ; without a force in the different cottu
• : -..:.ici ;i ’ . execute iua- laws or suj>picss
servile insuvrec:ion.
Guv -iapi'.nac* Court-iias ruled, that the Cen
feilm-ale go*, evn-iv-ut lias the power to raise
,Tmi. eoiiM ripti-m : hut it has not decided
that it :•!h-is the power to enroll l .e whole
j.-o ;>u, u’*.f ihe Kn-.te, who remain at home,
-o •’ -pi - :he wiv.de oeople under.tlie mili
eou-i-oi o: (.kmi'-ale 4 -ate govern',mint ;
in UHk, Sfat--: a! 1 command
eve. ; •• tl execute "their ov.u
ii.vs ; i • ! i the ink ini' n dice regulations
k tie: vniiii.i in ike ieuid- of the President.
Ji -i " 1 :• :. armies,” and another,
an. iii .il dh-.s; nt t -ing, to the wnole
• ",mi lion-o uii.'.-t* military law. and
e -- •• o ’) v ui!*-, t-i ci.mSjT a military h- ail,
v.T'i. v . ;i vi - ■■ r the ceutral government
■ - .i-i.s • :■■ t.o ri: v a nviitmy pass in his
P ; c!.- . u, .fv..u-.i bis iav.n,or aitfmds
. - inn.
Keviu-r a nov an ovm'seer enraged
up>> - th, r:n. i.-e-- a biaek'-i ith making agri
- ultur 1 n; .- is. i‘i>r ii vii’tcr griiidiug l-.,r
tiie p, .-♦ 1 h' ■ 5-e : -,gs t.i, or oi.-n i.ut<..
Limited ivae* ; and
teic.t is not t;-.- -w of c .is!utiomu jiowor
veslo ! in the for: i.icrni” government, for con
iC: i kkiand pu -ti.sg ii|i‘.-ie chlSscs, i’.i.ei -others
iic.-vk-d in ■■ c>;e- in, iis.nailk iviiittuy tmo,
v, hi in tini.iiin i,( li sue !.i diM-hargo tiiesj
if ~ ii Cos-: ii : ; were ronstitutiokl!, as
a in-MU-.i of mish-.-- armies by the Confederate
government-, it could not be const!t-utivstal to
v v.se.rilie riiose tiol ::.ciimfly needed, and to be
emp: -1 in the army : and the oousl.ilutinmd
;i- v,, f i-> at- could lu-v.-r carry with
1 pev.-tv US Coilgl'Coi tO C- IlS'.Tibe til-.- wiiole
i--- -■sv. k - in-- ii-st uesileil for the a mies. but,
are i<-!i at home, because more useful there ;
tin-1 place tlicra under military government,
and compel them to gel. military details to
pi-, w ■is tlieir fields, elioe their lam iiofses, or
go to mill
t s-- : jci-m earrted to this extent, is the cs
* I ■ si : placing all civil
rigidin .■ -i . f sd'i.-idination t > inili'ai'y
p-nv-;- ; and putting the pmsonal freodotn of
c.'is-h is-' ~: I.til in civil life, at die will cl'the
ciiief of the mil '..e v p-T v.-r. But it may he sai l
that cont.eri;iti-,n may out upon one class as le
gally as anoUn-r ; oml that all classes ere
equally subj-. : to it I nis is undoubtedly true.
If the, governmcait lias a right to couscribc at
all, it has a rigid to con scribe persons ot all
classes, tib it hun raised enough to supply its
ari.ii- . But it lias no right to go huther and
con-ici ibe all. who arc by its own consent to
remain tit home to make supplies. If ,t con -
siit. r-; u, rii.-.t n <a-e ivy,.somebody must make
II i :.ud . .o. o who do it being no paitoi
th->. -.my. chould be exempt from conscription.
;>i; 1 .a,in'y.nice ol military dictalioti, wjiiio
cmgagcd.in civil, aud notmihuiry pursuit.-.
If all hetwt-c-n 17 and 50 arc to bo enrolled
ait 1 placed in con-.a,it militpiy service, wo
mis! eo .qtu-r the enemy while we are consum
ing war p-.-e---.-nt crop of pi ot icioiis, or v,v are
iii-.- ■! ; ,-i i; it will is- impossible for the old
men 50, aud the boys under 17, to make
snnplics enough h> feed our armies and people
another year.- 1 think every practical mum
th. Co.iieder.:. t who knows anything abou
o-.'.r. io icaßur-1 h.tercets auu resources, will
readily admit this.
if. on tho ether hand, it Is not the intention
to put toil se between 17 c.u-d Id and between 15
and f>>*, ii.u eg: vice, as sc-Wicrs but. to leave
them a to pi lui .■ , pljes, and occa
ri !i.-.liy *!-> poitce and other duties within Ibe
State, which prapcily belor-g to the Militia of
a State, or in oi.ia i word,:, if it is the intention
simply ! j tIL-. conirni of them from the
state; so .a : a deprive her of all power, and
leive :.- vr'ult-. t suhh-iotil force to ex-ettlo
he;-<-\v;- ; 1u; uv suepci sere.!'. iusuiTeetion:
ami place the whole Militia oi ihe State, not
need.i.l im e:: un st . vice in ti;-; Confederate
■ v 1 e- ~ ,'i o; the Bres* out,
a • 'A-on . :.1 ia tlieir civil pursu ts, the act
i-' .-- , i :-.:.d oppressive, and not to
.be act .is exo' o ■ 1 in It’s State, it deprives
I o. !7 t wc- t s.:iititi -t, t.s Congress has
I so .foxi ; . t.s ii> include . . identical persons
'-'Utboi:;: : p- v.:J at yttur lute ses
; - on'. «. -1 to ;; r th t <. mirol. of them all
; til e persons
; questionfor you to de-
I v. ’.to are to .. by tue ac>, do not forbid
I th-1 slv t-l.oa'a! pa-mu i.t.r orgat.kaiioa to be
this i done,what
! will bo ocr condition i prefer, to answer by
I ; tic Goviit.or cf Virginia : “A sovereign
» the iiigiu
. . ■ . -.a a wretch
ed iiepen-. ;; to which t should grieve to see
our ; ou i old Coninnmwfaltu reduced.”
. t.-t- be i\ mir.-t- 1 th-v the enemy has three
'.iu - -e mt-n, able to bear arms,
we hitve r a ti ~t if is cecessaty to take all
r
• ■ -- it fit ;• r 7 i upon our ability to do
y jail. But, jortnnate
ly for vs. ;h - t- m>t t*;e case. While they
'•av. iv.ti t - : .-is, we haVc other
a i'. vl a., if . reV-f iy improved, they
c.. .... ■ tue . *■ invaded
and lor all that we expect car posterity to in
ovr • a mo: e ji.s emm . ; who, as the in
\ i - ! ■*. are w:o .' : ar-» tig:i ing tor
( c. .v;u {■ * • o ■■ •’ -iie iuner and
shorter lines of defense, while they have the
loss-or an 1 much more diiiirult t nes. For in
.. ... i. / , .f, ~ • •.) reinforce Dalton, from
~ • ~ : ■ ■ p .; .t ■ Iroffl
by t . : ■ . ■ . - .
, .g ii ■ -r e.: c tic point to tite
. jt t; e wisaes to reinforce
i bT ... fiv-rn tVashtngtoa
or' X.-w Oilcans.' no wifi tiircw hti t-.-o'ps zi
i ; Ilf • II the circ-nm j
ie .. ....... ;g v.C *iiecl taein With
car rclnfoicvtuvai* t>> ibio-s-iag tuma acrctii
the diameter of a seui, circle. Tins and fil*ron,.e
in our favor t? its greattour to one. and cu
-1 ables us. if e ar troops ate properly handled, to
repei their assaults, with little more than otc
fom th their number.
in consideration of th-.-e, and numerous
other advtoitages, wiileh an invaded people,
united and i .-teimined to i e Ire--, always has.
it is not wise policy for ms to undertake to
keep in the field as large a number as the ea A
my has.
it is the duty of those iu authority, ia
country engaged in a war which caiis lor ali
tb resources at command, to consider wei;
what prop.nion oi the whole population can
-' ifely he kept under anas. In our present
condition, surrounded by the enemv, and pur
ports blockaded, so that we cm place bm lh;l
dependence upon foreign supplies. v,e are
obiigiul to keep a sufii-.ieut number of men in
the agricultural fields t-) o ,ke aap’dieslor oui
troops under arms, and their :amides at home
or we must uhhuatelv fail.
The policy which would compel all c.-ur nu n
to go the Military field, and leave our farms
uncultivated, and our woik-hopo vacant,
would be the most fatal and unwise that could
be adopted. In that case, the enemy need only
avoid l-.it-le and comiane the ear till wo v.< ii
some the supplies now on hand, and we would
be comp etc-ly intl'eir power.
There In a certain proportion of a people in
our cu idiiion, who can remain under arms'nod
the balance of the population at home < an »up
j.'Ort them, ri >!ong as that props :-;i -u iVts not,
been reached, more tti it safely be token; 1-ut
-a ii is reached, i vt. nno teMn ti
neTd of pr-.-Ui . .'on 1 .»»! piaOcu a > i-oet-uanr - .
o n.; rt y field, nnkiti us that much weaker;
i-ufi if we go far bey >nd toe proportion, lailme
iiu - r.-.ai are im-ritubie as the army nfcnt conn
il-fi ■ .vh“n t -’an no iong'df be : apptieo -it j
j the n< - - - ot life. Till ie is rc o» to te.
I that loose in authority lotvonot in;',.l- -'.sfeeal
.ulutioi.s upon tuts potirt s-n-I that tti.-.vio not
I ’Uby niq i-c ate the in, ri> iilnhle imyi r* . asot
1 'ho a: ;h aitural interests iu this wn%gle.
j Wts am ah ; to keep i oiietanf v iliuler ai »
! t •; L’-J . ’ . • •if iU)J to
i etippo.i 'hat to • j by onr own
• - -toes : . to. nty ytCo
emne .No power nor Suite can o- r be <Oll
- eo long as it can main-ain licit number'
of good troops. If the enemy should bring a
million against in'-. let us remember that
there i-s such a tiling as whipping the tight
■ without lighting- it. and avoiding pitched bat
tles and iinnece ary collisions; let us givo tab
vast lort-e time-to melt away under die heat of
summer and the sfiowsof \v inter : as did X erxes
army iu Greece and Napole in’s in lie -da. and
the enemy’s resources and strength will exhaust
when ho prodigally used, much nunc rapidly
than ours, when properly economised. In pro
perly economising our strength m:d Hsband
ing our resources, lie our best hope of Success
Instead of making constant new drafts upon
the agricultural and niwhanioal labor of the
country for recruits for the army, to .-veil our
numbers beyond our present mustei rolls,
which must prove onr ruin if our provisions
fail, 1 vespcctfiiiiy submit that it w«uld be
wiser to put the troops into ibe urc-y, find
leave men enough nt h-'-uie to support ;Vein. In
ctiurWotdf, com pel the thousands of jottu-g
oliicers in gold lace and brass buttons, t ho are
c:.-u rmully s-.-eu crotv.liag onr railroads cntl ho
tels- niinjy of whom can eeidont be found at
th-iv posts; and the thousands of sti-iggling
soldiers who.aio absent without leave, or, by
the favoritism of officeii;, whose panics aie on
(be pay rods, u;vd who are Dot prod -,is at
home, to remain at their places in the army.
This is justice alike to the country-, to the tax
payers, to tho gallant oliicers who stand firmly
at the post of duty, aud the gailantsoidiors who
seldom or never got furloughs, but are always
in the thickest of the fight. When th-jy' < "BH 1 '
enduring aid suffering so much, why should
the favorites of power nfid those of iheir com
rades who seek to - avoid duty and danger, be
countenanced or tolerated at home, while the 1
names stand upon tho muster rolls?
fl ail who are able for duty, and who are
now nominally ia service drawing ply from
the Government, are compelled to do their
duty faithfully, there will bo no no- dol com
pel ling men'over -i-Vto leave Iheir homes, or of
disbanding the State militia to place more men
under the President’s control.
COXFTICT WITH THE COSTEnfiRATE GOVESXJJSIJT,
But it may be sii it!•; 1 1 an attempt to main
tain the rights of the Stale will produce con
ilivt with tho Confederate Govci umeiit. lam
aware that llwrc are those who, from lU'ivves
not i ece-.siwy to be iiere nfo'nlionoU, iflß vi*i
ready to raise the ciy of conflict, and tb cHti
ci.-i nail contk-uiu the action of Georg'-a, in
every case where her constituted authorities
protest againt iho euuroachmentrTol t.h-_* eeu
tial power, aud seek to maintain her dignity
and sovereignly as a ‘Rate, aud the constitu
tional rights and liberties of her people.
Those who —e uufriendly to fitat-e sovon-ign
ty and desire to corn,olid te all power in the
hands ot the Confedmnte Government, iioping
to promote their undertaking by* operating up-
the fears of the timid, after each new ag
ression upon the constitutional rights of tiie
' lies, fill the imw.-paper presses with the cry
of conflict, and warn tho people to beware of
those wl io seek to maintain their constitutional
rights, as agitators or partisans who may.embar
nn s too Confederate Government in the prose
cution of the war.
Let not the people be deceived by this false
clamor. It is the same cry of conflict which
the Lincoln government raised against till who.
deluded'the rights of the Southern States
against its tyranny. It is the cry which the
usurpers of power h ive ever raised against
those who rebuke their encroachments and ro
i'use to yield to their aggressions.
When did Georgia embarrass tlie OonfMe-
rate Government iu any matter 'pertaining to
the vigorous prose-at ion of the war? When
and i I she fall to furnish more than her-full quota
of troops, when she was called upon as a State
bv the proper Confederate authority? Afid
when did her gallant sous ever quail before'
the enemy, or fail nobly to illustrate her o!ur
actcV upon the battle held ?
She can not only re; o', the attacks of her otic
mies on the fie.d oi. deadly conflict, tnit.she
c ot as proudly repel the assaults of tiios • who,
ready to bend tho knee to poser for position
an l patronage, set themselves up to critieise
tier conduct, aud she can confidently challenge
them to point to a single instance iu which she
has failed to fit! a requisition for troops made
upon her through the regular constitutional
i banned. To the veiy lad requisition made
she responded with over double the number
lequireJ.
she stands ready at all times to <!-. her whole
duty to the cause aud to the Confederacy, hut
while she does this, she will never cease to re
quire that her constitutional rights be respect
ed and the liberties of her people preserved.
While she deprecates ail conflict with tl.O Con
ledcr itc Government, if to require these be
conflict, the conflict will never end tilt the ob
j *ct is attained.
‘•For freedom's battle once begun,
Bequeath’d oy bleeding sire-to son, -
Though baffled oft is ever won,”
will be emblazoned in letters of living light
upon her proud banners, until State sovereign
ty and constitutional liberty, as well as Con
federate independence, arc firmly established.
6f.--.m-.SIOX OF TUE HABEAS CORK'S.
I carm,ot withhold the expression of the deep
mortification I fee! at the late action of Con
gress in attempting to suspend the privilege of
the writ of Ilaheas Corpus, and to confer upon
the President powers expressly denied to him
by the Constitution of the Confederate States.
Under pretext of a necessity which ciu- whole
people know docs not exist in this case, \iiat
evof may have been the motives, our Congress
with the assent and at the request of the Ex
ecutive, has struck a fell blow at the liberties
of the people of these b;ates.
The Constitution ol the Confederate States
declares that, “ The privilege of the writ of
habeas corpus shall not he suspended, unless
when in cases of rebellion or invasion the pub
lic safety may require it.” The power to sits
pond the habeas coip.ts at ali is derived, not
from express and direct delegation, but from
implication only, and an implication can never
be raised in opposition to an express restric
tion. In case of any conflict between the two,
an implied power must always yield to-express
restrictions upon its exercise. 'The power to
suspend the privilege of the writ of habeas
corpus derived by implication must therefore
be- always limited by the express declaration in
the Constitution that:
••The light of the people to he secure in
their persons, houses, papers, and effects,
against unreasonable searches and seizures shall
not be violated ; and no warrants shall i-sue
bat upon probable cause, supported by oath or
affirmation, and particularly uescribi g the
place to L-e- searched, and the poisons or things
to be s< ized.’’ anu the further declaration that,
“ no person shall be deprived iff life, liberty or
property, without due piocess of mw.’’ And
that,
• in nil ciiminal prosecutions the accused
-! ak enjoy the ngsit of a speedy and public
trial by an imi-avtial jury of the Stale or D.s
ilia I WUC*IO tell* Clilii*.' i:&v*o L*C*yQ CODirjiit*
: •’f which district siu.lt have been previously
ascertained by law, and to bo informed of the
P-i-.uu ana the cause ot tho accusation; to be
cc.n.-ontvd with the witnesses against him ; to
have compu-aoiy pro.ve.-s ior obtaining witness
es m b-.s lav oj; and to ii.*v« me as»i-uincc of
couqn*i ior hie deituto " t
*-y; R » a-i'ietc guaranty of tne v-.agti- *
leLi-aE. Ih.lt tin- (.-.'ioOixi’ 1 o! the pcr-p-ie r-ball
be- -.re. mid "Do warrants shall - issue,'' bm
upon probable cause, supported by oath or af
firmation,'' particularly dost tubing "the per
sons Jo b.* seized:'* that, "no person shall be
deprived of liberty, without due process of
law*- and that in -all criminal prosecutions"
the accused shall enjoy the right of a speedy
ur.d public trial by an impartial jury."
'i he Constitution also defines the now rs of
the Executive, which are limited to those del
egated, among which there is no cue, author
izing him to issue warrants or older arrests of
persons not in actual military service: or to; sit
as a judge in any ease, to try any person fur a
criminal offense, '-r to appoint any court or
tribunal to do ii. not provided for in the Cm
stiturion as part of the judii iary. The potter
to issue warrants and try persons under cri;ji
nal accusations are judicial powers which bt
long under th* Constitution, exclusively to *.i» ■
judiciary end not to the Executive, iiis p or
ei to order arrests as Coinmander-iu-Chiei is
strictly a military power, r-ud is eoutiued to ih:
arrests of persons subject to military power, a
t.i the arrest of persons in the army or navy of
the Confederate -States; or iu the militia, when
•11 tlie actual service of the Confederate State-:
and do s not extend to any persons in civil
life, unless they be followers of tiie camp or
within the lin s 0: the annv. This is clear f-.oiu
that provision of the Constitution which de
clares that,
“ N 1 person shall be held to answer for' n
(Sfefitalor otiierwse infamous crime, unless on
irpi-est otmeni or iudietment of a grand jury,
--i-iiuc fn “•-* ’ 'W- n . yjj p
themtittia wfcct - ~n ■' service in
i -VJI- -r public and .-er. .( ,-v.- hi
he l-- r of iho i'rci-i,' . omi' ••*.:.•; -in
!*' •- t ".b 'hi - his p-.-v ..- . duties
•1 ; .cs - i-f perse..* ”- • 4 land or
|r- he mild!* ' •• : .- -: :ii
! Sf-'.-i-'v. 1-. leu -.y defiu-'d ’*y te- : -,!n a---
0 'll I -tel. C
1 - -- Toy ... -. , ide’-.R, o .an ;:-;esi
■ 'on- - < ;<!• r hi» order. Or ~ ps.
!in coil 1. .ui not '"d>'ec, to military c<
maud, is illegal and .. violation oi the
Uonstitniion , to- tfi- 'Me f.-.- Con ;ri -
by implication : !.c ’ '•* th
light to exercise powers 01 an cat. expre.-Mv
forbidden to hi.-n by the Constitution. Any
effort on the part of Congress to do this is but
an attempt to revive tlie odious pra.tue of 01
deripg political arrests, or issuing letters ok
C-iflhd by loyal prerogative so long since to
Uoui-eed by our English ancestors; and the de
nial oi' the right of tlie constitutional judiciary
to investigate such cases, and the provision lor
'creel ing a court appointed by the Executive
and changeable at his wi'l, to take jurisdiction
of Iho same, are in violation of the great prin
ciples oi Magna Charta, the Bill of Rights, tlie
Habeas Corpus act, and the Constitution of the
Confederate States, upon which both English
and American liberty rest ; and are but an at
tempt to revive tiie odious Star-Chamber court
of England, which in Hie bands of wicked
kings was used for tyrannical purposes by the
crown until it was finally abolished by act
of parliament, of Kith Charles the first, which
went into operation on the first of August,
lfll 1.. This act has ever 'since been regarded as
one of the great bulwarks of English liberty ;
and as it was passed by the English Parliament
to secure our English ancestors against the very
•-.me character of arbitrary arrests which the
late act of Congrats is intended to authorize
the President to make ; I append a copy of it
befhis mo-sage, with the same italics ail'd small
capita! letters which arc used in the printed
copy in the book from which it is taken. Jt
wiil be seen that the court of “Star-Cham
ber,” which was the instrument in the hands
of the Euglish king, for investigating his ille
gal arrests and catrying out his arbitrary do
crees, was much more respectable on account
of,the character, learning aud ability of its
members than tlie Confederate Star-Chamber,
or court of “ proper officers,” which the act of
Congress gives the President power to appoint
to investigate his illegal arrests.
. i uni aware of no instance in which the Brit
ish king lias ordered the arrest of any person
in civil life, in any other manner than by juoi
ci.il warrant, issued by the established courts
of the realm ; or in which he has suspended,
or attempted io suspend tho privilege of the
writ of habeas corpus, since the Bill of Right.;
and act of settlement passed in 1089. To at
tempt this in 1804 would cost the present reign
ing Queen no less price than her crown.
The only suspension of the privilege of the
wri. of habeas corpus known to our Constitu
tion, and compatible with the provisions al-
I'uad.v stated, goes to the simple extent, of pre
venting the release under it of poisons whose
ane.-ds have been ordered under coiuititurion<il
warrants Irotn judicial authority. To this ex
tent the Constitution allows the suspension iu
ease ofTe bell ion or invasion, in order that the
accused may be certainly and safely held for
trial; but Congress has no right under pretext
of oxercis ug this power, to authorize the i’res
ident. to make illegal arrests prohibited by tho
Constitution ; an I when Congress has attempt
ed to confer such powers ou tiie President, it fie
should order such.‘illegal arrests, it would be
tho imperative duly of the judges who have
solemnly sworn to support the Constitution, to
disregard tueh unconstitutional legislation, and
grant, relief to persons so illegally imprisoned ;
and it would be the duty o.’ the Legislative a--d
Executive dep'arnionts of the -States to sustain
and protect the judiciary in the discharge of
this obligation.
By au examination of the act of Congress,
now under consideration, it will be seen ihat it
is not nn act to suspend the privilege of the
writ of habeas corpus in case of warrants issued
by judicial authority : but tlie main purpose of
the act seems to be to authorize the President
to issue warrants supported by neither oath nor
affirmation ami to make arrests of persons not
in military service, upon charges of a nature
proper for investigation in th* judicial tr bunals
only, mid to prevent the Courts from inquiring
iu to such arrests, or granting relief against
such illegal usurpations of power, which are in
direct aud palpable violation of the Constitu
tion.
The act enumerates more than twenty differ
ent causes of arrest, most of which are cogniz
.tide and tryable only in the judicial tribunals
established by the Constitution ; and for which
no warrants can legally issue lor the arrest of
persons in civil life by any power except t-lu:
judiciary; and then only upon probable cause
supported by Oath, or affirmation, particularly
describing the persons to be seized ; such as
“treason' “treasonable efforts or combina
tions to subvert the Government of the Con
fedeiato Stales,” “conspiracies lo overthrow
the Government,’’ or “conspiracies to resist the
lawful authority of the Confederate States,”
giving the enemy “aid and comfort,” “attempts
to inc h; servile insurrection,” “the burning of
bridges,’’ “Railroad,” or “Telegraph lines,’’
“harboring deserters,” and “other offences
against the laws of the Confederate States,”
,vt\, &o. And as if to place the usurpation or
power beyond doubt or cavil, tlio act expressly
declares that the -“suspension shall apply only
to the case of persons, arrested or detained by
the President, the Secretary of War, or the
Geni-re? ru'iicer o-MM-ra-tm-dfßg the Ti«wte t, p;
sippi Military Department, by authority and
under the control of the President,” in the
cases enumerated in the act, most of which are
exclusively of judicial cognizance, and in
which cases the President has not the shadow
of Constitutional authority to issue warrants
or order arrests, but is actually prohibited by
the Constitution from 'Mug so.
This then is not an actio suspend the privi
lege of the writ of habeas corpus, in the man
ner authorized by implication by the Constitu
tion; but it is an act to authorize the President
to make illegal aid unconstitutional arrests, in
cases which the Constitution gives to the judi
cPry, and denies to the Executive ; and to pro
hibit all judicial interference for the relief of
the citizen, when tyranized over by illegal ar
rest. under letters de cachet issued by Executive
authority.
Instead of the legality of the arrest being ex
amined in the judicial tribunals appointed by
the Constitution, it is to be examined in the
Confederate Star Ciiamber : that is, by officers
appointed by the President. Why say that the
“President shall cause proper officers to inves
tigate’’ the legu’.itv of arrests ordered by him V
Whvnot permit the fudges, whose constitu
tional right and duty "it is to do it ?
We are witnessing with too much indiffer
ence assumptions of power by the Confederate
government which in ordinary times would
arouse the whole country to indignant rebuke
and stern resistance. History teaches us that
submission to one encroachment upon consti
tutional liberty is always followed by another;
and we should not forget that important rights,
yielded to those in power', Without rebuke or
protest, are never recovered by the people
without revolution.
If this act is acquiesced in, the I’rcsidenl. the
Secretary of War. and the commander cf the
Trans Mississippi'! department under the control
of the President, each inis the power conferred
by Congress, to imprison whomsoever lie
chooses : and it is only necessary to allege that
it is done on account of ‘-treasonable efforts’
or of "conspiracies to resist tue lawiul autho
rity of the Confederate States,” or “for giving
aid and comfort to the enemy,’ or other of the
causes of arrest enumerated in the statute, and
have a subaltern to tile bis affidavit according
ly, aft. r the arrest if i writ of habeas corpus is
sued out, and no Court dare inquire into the
oau-e of the imprisonment. The statute makes
the Fiesident and not the courts the judge of
the .suffi'-.eocy of thy cause for his own acls -
Lither ol you or any other citizen of Georgia,
m- i y at any utuij*c r t Air. Vaßandigram
- • . a. bt ; *1- j
tug*-, h,, imp-i.-«.-ueo at the j
wiil of ii - ; -,t, ui-tm the pretext that
you leave ! x.u gii , ,- -me offense of. the
chain.fier above 1,1:11 1. , • ' no court kuor.'u
to ou' j.; . ary. lan 1; . fine inlo the wrong x>r
grant!, i it*.
W.'ieu Mi -a b,:. i- rides t >wards military
1! u .in i : ■_ vi ry a; e lak-ltl l).v
tiu ho hhvc
b-.<‘n pi .1 i-.Li,- . < fii i p to ga red
and p:. . ci c-ei.etituii- r .1 and personal liberty:
it is the ditty of every patriotfc citizen to
Hound H e e.larin: :l of tint State* ■Legis’.a
tiiK .es ii .. i--; : m- s, to those who
a.-.-ai*‘.- - -. .■ . .« ;•. absolute power, that
the:’. ;-..p- ... r,. . . . wbi-b Uecmeu will not
permit er • -r ■' ! ramls o go.
Th-- Lee:.-! e. or. o the r,a.j*- olive States are
looked io a.-" Ibe -xi or. linns e; the rights of
those wi- -it. .n:..i it is their duty
■ upon the
liberties ri e:u joe pu-mnSy ; and express
their u i.pi iiitioj con-te-mnati-in ; and to ia
struct th. ;r u it- r. n qa---; ihcii 8.-preson
ts.tires-to vi’p tt loi: me-: mor.atu-us act, or •
re.-ign •: 1 ’.st wliic*. by : -rmitiiag it to remain
on;'.-' it:; in-ok t-o-y a bus**, io the iniury
i of rir.-o. ■-•- !i-> imve l-.m'.oicd t! -. m with their
confide: j--, ia ihi; : fry:a ; p- ri*’ii of onr his
tory. I ».*.»•-t\> r:v.»:i men-.t that the Legis-
Ei:i-.*-e of ti.N State t ike p,v .--i.-r notion upon
- i-i-. -.1 L with the ta! of
the ■ ' ividigmint rcb.K
Can the Pn-sfiicrrt r r t : fi t'x ifili
-7 . , <-f the 1 <!m ■ c > iwers
.. . . uik. •• > Coils:i••• -.in: ■’
* - -'. i... o ti;.- .. e .
- '
t ,i- .When. l;a vc th -.- cwh-.n-c-sed the 1
go; ■ .... 1 •. -i. io-- : skulker" j
or sp ave t'-.c , - ance given
the U-'v n-'i. ! the W *. ... ' • r doubts L.
FU-Aalntui.q: »’ h.-y ' inigiit-*
*t.--:e!;y - •t to *:' - the lig-us tri
tate-.N. -.mi to . : v subs ten fist
iiwtb- .vH-c p,..- .... y.,y -. .- impljei!
K I
mo' - ■ i u. - M 1-,
> ’ . *•- t’lm-.
.uunli I" .. , -'• • i-i - -H, .'I iu...
fotiixl Hie r:-, , ie , o, hwhuwt u> i \ .-ry eu
croisch'ii 'iii railj. '■ •!. m-.ke an issue with the
Govcrnmwifiie iu- aye at wav with tlie eu*-
emy ; and Pave i.u i!.at le.'count been embold
ened to t ike the : -•!.) v.iiirb is intended to
make the Prcsid-.uil .- -.P-.-alutc iii his power of
arrest and itpnri-onment ’ ■ the Czar of all the
Ufissians'; Whati-eocptimi would thememliers
ot Congress fi<-ui the dih-.-rent States have met
in IS;'. I, liad they - rta.-d to their vonstituents
and informed them (hat they had suspended Iho
habeas eo: pus an.! given the President the pow
er to imprison the people of these States with
no restraint upon hi sovereign wi!! ? Why is
liberty less sacred now than it was in 1801 ?
And what will we have gaim\'j when we have
achieved our independence of the Northern
Stales . if in our effort to do'so, we have per
mitted our form of government to he subvert
ed, and h ive i ; t Uriustitulional liberty at
home ‘
The hope of Hie -country now rests in Hie
new Corign . s.. :i f.• ... embie. They must
maiiihiin our lit , r'rcs r. aiu- t encroachment
and wipe this and all ;-;tch stains Irotn the stat
ute book, or :he San ot liberty will soon set in
darkness uO-i bloe-i.
Let tue . on- i oifed authorities oi’ each State
send up to their tvpres- ntatives when they as
somblo in Cengre-s. an unqualified demand for
•prompt rcU- ci.; or a return of the commissions
which they hold l.'.jin their respective -States.
TUB UAUSi; OK THU WAR, UOW t'OXDUCTHD, AND
WHO tiKsi-OXSteJ.I-.
Cruel, bhiody .1 -sohitiug war- is still waged
ns onv re ntlt-ss enemies, v, ho dis
regarding tho 1.-’.ws of nations and the mies of
civilized warfare, whenever either interferes
with iheir fanatical ot-jects or their interact,
have in nun; ■- as instances been guilty of
worse than savage cruelly.
They have done :tri in their power to hum
our ciih-s vv iu-n unable by tlieir skill and valor
to occupy them; a:ul to turn innocent women
and children who m y h. "o escaped d< a lit by
the shells 1 brown amoß-; them v.-itii nit. previ
OHS not ice, into tiie :-ir.-ct« destitute of homes,
food and oiotiiL.g
They have dvV;u,tatcii cur country wherever
Ihoir unhallowed .----I h.i-.'-i i: -d on. soil, burn
ing and destroy: ia-.-ff .. miiiu. agricultural
implements, u:-.i o-.iirr valt-:.i;.t! property.
'! Lev have orm Ly i p L. -I our sous v.-nile in
i qjUviiy, and in violate,a oi a cartel agreed
upon,-have HdJUrid to o:,camigo them with us
for ti: • v own - --iff ;.- unit ra we would consent,
against ii).-o. v.; .-: . i.o liau; .o c-tir
siav- .-• us b:’!' ip --: 0t,., wi.v’i truliß-cl or forced
by them 13 up .>r ,;s s.-pairt us.
Ti.ey ffivvc d-aie ait ;:i ti:cir power to incite
our -lave:: t > iosiinee! icii tii-.d murder, and
when uaalib- 1.0 a dm e ti.. :n trom tfi.-ir loyal
ty. bate when they occupied our country com-'
pcik-.l tli. c: to i vu*> Rg-.iii!--’ it.-.
They i ave r bb. ,i a.; of our aegro women
and I'hiidiiM wi.-o wert. <-onrfortable. t.-nteute !
and i'-ippy villi tin-ir f-wiii ■ . and under pre
text ot cxtiam. .l iiei y ; hilatithropy, have in the
name of liberty, congregated thousands of
them together in pi .<•■., where they could have
neither the comfort n.u the in*ce:,-=itricß of life,
there neglected un id : pised, to die by pesti
lcnco aud hunger.
. in mtmevou. ifisiauecs their brutal soldiers
have violated V. u of our iuuocent and
helpless women ; and have diy-.-cratcd the
graves of our auecste-rr-. and polluted aud dc
f.k-d the ait v. !fif o i.avo 'dedicated to the
worship if the 1,1 vi .. Go,!.
In addition l-i tin-: "mid other - enormities,
hundreds of thou urn', of yalualde lives Got 1 1
North and South Lave la o fucr.uiced, causin'
theS'!;i»kof tit.; tm.-tln-r, the wait of tho wid
ow, and the cry of the orphan, t < ascend to
Heaven, from almost every hearthstone iu all
the broad ia.it I one,* kno-.vu us the United States.
Sm h is but a fa; i piettire of tie devastvlion,
cruelty mid blooddiyd, wotefi have tn.uked this
struggle.
War iu'i! most mil - ruled fortn, when con
ducted a- ink ng to ine ink.’ c; tabiinhed by
the most erdi -bi-m •! :.!Ul civilized nations is a
terrible, scourge, and cm:no. exist without the
most enormous guilt renting upon the heads
ol those 1 , who ha? • wit bout just- cause, brought
it upon the inner.-nt and helpless people who
are its unfortunate victims. Cud,. may rest in
unequal de,..,! . in a rLiug^ie-like this, upon
both parties, but both cannot be innocent.—
Where 1 turn rest tip 1 " is iii;: load of guilt?
While I trust l si, ilk: , Yu; *o show that it
rests not upon the pc,-, Y nor rulers of the
South, 1 do not cl :im Cut it rested at the
commoner -••! of the struggle upon tho whole
people of the .forth.
There war a 1 ir-ye intelligent and patriotic
portion of tbc people of the Northern States,
led by such no n I’., no, Douglas, Yalland
ngham, Bright, Vooriiirs lhigb, Seymour,'
Wood, and me y oti-s.r.honored names, who
d ; d all in their po., rto rebuke and may
the wicked : ' hi:.., ~o -.iießrn .which pm i pit iv
ied the two uii, i*. i.-e.i till terrible contUct.
With such men as these in p- v r, wo might
have lived lb. r* .her iu’TTi.'-'U.eTtifl'perpeCfTytTiy.''"
In audition to the siren gib of the Democratic
party in the North there wet -a invite number
of pel - ins whose education had brought them
into sympathy with- Hus so called Uepublican,
or iu other wor I:-:, 11.-; old federal consolida
tion parly, who v.-<>. id never have followed the
wicked leaders of that perfy who n?«l the .sla
very q . Hti-'-u a.-, an ;; -by upon . hleh to ride
into power*and who to day .-find before Heav
en and Earth f~ iity of shedding the blood of
hundreds ot thoHsare!H, and and ,-troying the
brightest lie,-' 1 - < !>ie ; oh y. ‘had they known
the true objeci of tlt-ir lenders, and tho rc-.-ult
which must follow the triumph of their policy
at tiie ballot box.
The moral gu’ll of this vor rested then in
its incipience neither upon tho people of the
South, nor upon t’>'i and .-’noctatic pariy of the
North, or up--a Bail part of the Republican
party who wer -deluded and deceived. But it
rested upon the heads of the wicked leaders of
the ItepubUcan party, who had rqfu :ed to be
bound by the compact sot tho Constitution
made by our c- anion ancestry. These men
when in power in the rc-pee ive S ates of the
North arrayed themxeives in open hostility
against an important provisU toi the Consti
tution, for the s. " i' :.y < f cU-atiy expressed and
unquestionable lights oi the people of tho
Eouthen .States.
Many of the more fanatical of them, de
nounced the Constitution because of its pro
tection of the j>i - periy of the slaveholder, as a
‘•covenant with death and a league with Hell,”
and refusing to b-o hound by it, declared that
» “higher 1 cv” was 1 1: • role of their conduct,
and appealed to tho Bible as that “higher
law” But when the pi ;e.s of Godin favor
of slavery were feu;;-! in both the old and new
testament they u p. luue.t ii,e Jiible t.r.-l its
Divine Author, and <;:-e;ti::-d so an auti-Slave
ry I;’;-:.- 1. dun . an y God.
Tho aboinion !.; - y n.c.ticr i, lit-n in power
i peutive Si tea, --. t at n night that
the.Cocslitntion which guarantees pro
tection to tiie tin ! projwrly of the
Southern people, and b.tvii:,: bv fi iud and
misreprcscntKlion f-b: .:m -1 p-..5-;-. i;>n of the
federal gr-vcfi-;r- .1. t;:e ;G lo in
self-defence v. itonio-vt-td to leave the
Union in which tiicir lights were no longer
tcepactcl. Having <le i.tiyed tue Union by
their wicked acts and th-ur hail faith, *|
leadeis, iallied a un-jouu of t:w ix- ple or tec ;
North to their .- -i-t-o.r with a ffiomit-.; to ies- .
tore it again by ivi-v- .-f -•i.-wom- i nan .
that a Union winch was JOinivU upon a ccm
piau i etweeu sovereign Slates, being eruinen
riy a creature of consent, is to be upheld by
force. But monstrous as it is. the war springs
ostensibly trom this source—this, is its origin
its - out and its life, so tar as a shadow ot pro
test tor if cun be found. In their mad effort
to restore by force a Union which they have
di snoyed, and to save themselves from the
just veil .eance which awaited them tor their
dimes: the abolition leaders iu power have
righted up the continent with a blaze of war,
wh ch has destroyed hundreds of millions ol
dollars worth of property, and hundreds of
thousands of valuable' lives, and loaded pos
sterity wi:h a debt which must cause wretched
ness and poverty for generations to come. And
all tor what? That fanaticism might triumph over
constitutional liberty, as achieved by the gioat
men of 177 G. and that ambitious men in-.gtu
ha ve puree and power. In their efforts to lies
troy our liberties, the people of the North it
successful would inevitably lose their own, by
overturning as they are uow attempting to do,
the great prin.-iplies of Republicanism upon
which constitutional liberty rests. The gov
ernment in the hands of the abolition admin p
tration is now a despotism as absolute as that
of Russia,
Unoffending citizens are seized in their beds
at night by armed force and dragged to dun
geons anil incarcerated at the will of the tyrant,
because they have dared to speak tor constitu
tional liberty, and to protest against mi itary
despotism.
The Habeas Corpus that great bulwark of
liberty, without which no people can besccuie
the rx;;. i: h ser, ,- !I- ,u .m* A filch
J‘"' ls r • t;vt< the i.- t.-y the sturdy j
■Hi'" •' ;> r, -hr point <af t’’e bayonet, !
-I ch m; " -r 'a-. -. '■ is t if every Ainei 1
: ■ ti .o wU.i whit it I pray God may never,
under pretext of military necessity bt- 'yielded
Jv . -rroa-Linen’ hr the people of the South;
hiisleeo iriunpl. ! ui.-fi r foot by the Govern
meat at Washington, v- - '- imprisons at its]
nl.- »urg whomsoever it «-iii
’ ’ti-- !ifti-doiii ;ho bailor- box has also beau
destroyed and \t <■ elections have b -. nVatried
th- veraVing influence of mititarv fi»
ml- i pretext o' K.eepiiig ran ouyugh hi j
* o: ■ abd,.e ri.o Sooth, Tramhai .
coin hikes ease io keep enough to hold tho
North iu sub jection also—to imprison or exile
I hose who attempt to sustain finer ancient rights,
liberties, and usages, and to drive from tho
ballot box those who are not subservient to
his will, or enough of them to enable bis , artv
to carry the elections. Can an intelligent
Northern Conservative man contemplate this
state of things, without exclaiming whither me
we drifting ? What will we gain by the sub
jugation of the South, if iu our attempt to do it
wo must lose cur own liberties ; and visit up. n
ourselves and our posterity the chains cl mil
itary despotism ?
• llow long a people once free will submit to
tlie despotism of such a government the future
must develop. One thing is certain, while those
wh o now rule remain in power in Washington
tho people of the Sovereign States of America
can never adjust their difficulties. But war,
bloodshed, devastation, and increased indebt
edness, must be the inevitable result. Theie
must fie a change of administration, and more
moderate councils prevail in tho Northern
Slates before we can ever have peace. While
subjugation, abolition, and confiscation are the
terms offered by tilt- Federal Government, the
Southern people will resist as long as the pa
triotic voico-of woman can stimulate a Guerilla
band, or a single armed soldier to deeds of dar
ing in defence of liberty and homo.
i have said the South is not the guilty party,
in this dreadful carnage, and 1 think it not
inappropriate t lint t-..e reasons should bo often
lepeatoa ut the bar of an intelligent public
opinion ; IhdHbttr own neopie and the world
sliouid liave-‘Pine upon line’'and “precept up
on precept,” “here a little and there a little,’’
“in seanion and out of season,” as some may
suppose, to show the true nature of this con
test—the principles involved—the objects of
ihe war on our side, as well as that of the ene
my, that all light minded men every where
may see and understand, that this contest is
not of cur seeking and that we have had no
wish or desire to injure those who war agrinst
us, except so-fa. as Ills been necessary for the
protection and preservation of ourselves. Our
sole object from tlie beginning has been to de
fend, maintain and preserve our ancient usa
ges, customs, liberties, and institutions, as
achieved and established by our ancestors in
th" revolution of 177 G.
That Revolution was undertaken to establish
two great rights— Sovereignly—aud self-
M>vM'ument, Upon these the Declaration of
ii.depe.nd.-nee \nßr‘|fet*dictited, and they were
the Corner Stone upon which the Constitution
rested. Th" denial ot these two great princi
ples cost Great Britain her American Colonies
which bad so long been her pride. And the
denial of them by the Government at Wash
ington if' persisted in, must cost the people ol
the United States the liberties of themselves
and tlieir posterity.
’Tiics. are the pillars upon which the temple
of Constitutional liberty stands, and if tiie
Northern people in their mad effort to destroy
Urn Sovereignty of tlie Southern States and take
L oin our people the rights of self-government,
should be able, with tt:ostrength of an ancient
Sampson, to lay hold upon the pillars and
overturn the edifice they jnust necessarily in
crushed beneath its ruins, as the destruction of
State Sovereignty and tlie right of self gov
ernment in the Southern Slates, by the agency
of the Federal Government, necessarily in
volves tho like destruction in the Northern
States; as no people can maintain these rights
for themselves who will shed the blood of their
neighbors to destroy them iu others. It is ini
poHsible for half the States of a Confederacy, if
they arsist the central government to destroy
the rights and liberties of tho other half, to
maintain their own rights aud liberties against
iho central power after it has crushed theirCo-
States.
The two great truths announced by Mr. Jef
ferson iu the declaration of Independence and
concurred in by all the great men of the revo
lution were, Ist, •* That Governments derive
their just powers from the consent of the gov
erned.” 2nd, “That these United Colonics are,
and ol right ought to be free and independent
States.”
Wo are not to understand by tho first great
tmth that each individual member of the ag
gro;,'He mass composing the State must give
iris consent before he can be justly gov
erned; or that the consent of each, or a
particular class of individuals in a Staid is
necessary. By the “governed” is evidently
here mejit communities and bodies of moil cap?
able of organizing and maintaining govern
ment The “consent of the governed,” refers
to the aggregate will of the community or
State in its organized form, and expressed
through its legitimate aud properly constituted
organs.
In elaborating this great truth Mr. Jefferson
in the Declaration of independence nays, that
governments are instituted among men to se
cure certain “ inalienable rights”—that “ among
these are life, liberty and the pursuit of happi
ue,m;”_“ that, whenever any form of government,
becomes destructive of these ends, it is the right
of the people to alter or abolish it, and to insti
tute anew government, laying its foundation on
such principles, and organizing its powers in
such form, as to them shall seem most likely to
effect their safety and happiness.”
According to this great fundamental principle
the Sovereign -States of America, North and
.South, can only be governed by their ow'n con
sent, and whenever the government to which
they have given their consent, becomes destruc
tive of the great ends for which it was formed,
they have a perfect right to “ abolish it,” bv
withdrawing their consent from it, as the Colo
nics diil from the British Government, and to
form a “ new government,” with its foundations
laid on such principles, and its powers organized
in such form as to iheni may seem most likely
lo effect their safety and happiness. Upon the
application to tho present controversy, of tiffs
gn at principle, to which the Northern -States are
as firmly committed as the Southern States,
Georgia can proudly challenge New York to
trial before the bar of enlightened public opin
ion, and impartial history must write the ver
dict in her favor, and triumphantly vindicate her
action in the course she has pursued.
.N A only all the Sovereign States of America
have heretofore recognized this great truth; but
it has been recognized by the able and enlight
ened Emperor of the Frtffich, who owes his pre
sent elevation to the “ consent of the governed.”
He was called to the Presidency by the free
suffrage or consent ol the French people, and.
when he assumed the imperial title lie again
submitted the question to the “governed” at tho
ballot lmx, and they gave their “ consent.”
At the recent treaty of peace with the Empe
ror of Austria he ceded an Austrian province to
France, and Napoleon refused to “govern it,”
till the people at the ballot box gave “ their con
sent” that he should do so.
The Northern States of America arc to-day,
through the agency of the despotism at Washing
! ton; waging a bloody war on the Southern States, I
| to crush out this great American principle, an-I
I nounced and maintained in a seven years war,
! by our common ancestry, after if has won the
j r.pjisoSation of tho 'ablest and most enlightened
; sovereign of Europe,
i„ discussing this great principle, I can but
remark, botv strange is the contrast between the
conduct of the Ernperor Napoleon, and that of
Prescient Lincoln. Napoleon refuses to govern
a province till a majority of the people at the
ballot box has gi v en their consent, Lincoln, as-,
ter havsnir ,
‘ *vcr to destroy tuo
-retcom .1,1.
in Ik- ' ' '■ - llll: ; unce6
govern mination to
- - -i; E olith i>7
Gownment ot IK , t lhose who at
thobaUl, :.ri'-; 11 :i„- - consent of the
c • c the people, hut
loose who v c . .. .• J c '.. lfnth
of the poop! „= th.- S:.;-'o. Knowing that he
can uev., K.-.e -n th... .- -. iii, H lO •*consent
.' M ‘ ; '■ ■ rtn* t .-,-!uation of
Independence mi ri,. md x-laims to
“ e v ' : ' n. these tate . nol
by tile ‘ coi Hei, •: . .verned.” hut by mili
t-'LV p over -o ~ ... !:,- an find ojh- tenth of
tiie e.ive ;:e. huniih.it.',l enough to give their
consent,.
h’l. jar i„- * i • - i.i-uck with the afisur
“fiy n f '■ p- ■■ «in V !l hi ; - this ex
inu:r,i:n.i.-\ i- ■ i . :i. 11,- rays, in substance,
the ( mu-: K u i;i;es lifrn to guarantee to
eaeii o, He a i, - , n i- .tn oi government.
A1 ' - :r . ' - ■ a.- mu ibis provis
,o-‘ u! t;: - ■■■ - • H.at,S.rsoon
I s oae “ ,l ; :l ■ -■ i’l of oi the seceded
••’tar. :. t r , i-gh to take an
c. iff! .0 sap; . '*.. acts, and at
i.ie > :.:::,* t . • fiiutiotl, and
J;** 11 L. will permit
<licet to <• - . • ievcnioK'at, and will
rccoaa;: a ti. .a ..a .-. . ..-ut of the State,
and thr u- 6. i c.-- t-.c rcc.aUHy constituted
auih.)i-;:i-'s ■; i.. ... - t ... u qu a jj
plltti:: ; o-’U'u, ng. and cXter-
miiiut- .line-tenths ! And : ... > 0 i,.. non- un
der f'.ie guise or j- - -..-- ed ot.. .; ,-j u-us-ireeipg
repuhi* an.iim J V, •-b ncloH
Mon -. . . , |.„!,fnck
or evt-n ilai;L.,on, !• ,v > * -1 ♦.> ;jjia f n
ptfl'liranism ! V. tmt •, y th.' . /.rivouve
X -f.l--.-ni stefi -i-kt ii: ';- * -at .a, Hj-.-n.-ttl-
'' —" 1 i-imetit s s this
- ■ the “c Riecnt of th
-ite-’c:-:,.-.*' i.i’ -on 'andi’ie nf
'no rap »u nv. uni.’iit which Ihe United
I T’lte-: m IO v.-.i • -nKc i„ ciu-U titnt* T If so.
\vu.:l C’.var '. ly Inv- they :,.n- the freedom ot
t.ieit po-U • If •'■ r -.lovriimcnl ai Washing
tou’ Euarant. - mph!-!; .-,i sln B3 this to
Georgia..in 1 1,,’,'Wh ' l„-r aimvanty to,
O.uo and *:i *r A v... .n • iu Ih'.-l »
. T ANARUS!, ° r ' : u V it-on on Constitu
-teal prill'.-:-..-, 1 u too Riming for com
ment. W ill-11 1 -,—. 1 tci K.ls :-.;o offered m them,
well may ’.l:l’ po.:.:ri oi th. - ■ Bt.ilca he nerved to
detV-n-f their r- ill- If. at every hazard,
under ever. ..- . t-. 1 ,-> t!u* last er.trmity.
imtl ini:.- 1 - • - . . great truth, pro
nnilga:.--. ;si i.- n . s ac! Independence—
“tb.t-.i.s.- i'.Hteii
. a,- and of right,
ought to h • . .: i incW-ndct bt itos.”
G.orge i! ;nic Ui s groat trutli in
!*7i>, n*l : - to ’• c.ioin, the Car
olitius and-1. .-iraa- ’ ■ .■ ■a out its advocates,
an ! mair-: .o! ] -:-j , a government
tThic!) did not .- , fife - eon
si ul ot in • £.-••■'■ —i. KKt Lincoln in.
1861, has i I. a■, me -Btates and
thwr t.oi!.. uerat--.. : <--a off' ; e nme doc
trine h ! , ii-m.-i: . L, . j. cq'the ap
parent jiistifica ion before the world, that the
British i-ling had. TANARUS,..: -.-..i.mie, had been
planted, no -furr.i an i go-.cmcd hi Gh.u Hrilain.
As E:.iff ■, :. :;■-*• .-j ; ::i,-| onJentan<t
never claiin.-.i- l-.j !-,-. Tt;;-; claim was set up for
tiie first time, in the Lb kLiration of Indepen
dence. t.i;-' i- !•-••»* <•••- ui.>.• mm-cs, there was
some reason why tb.- ; . oh Crown should resist
it. Lut th.- t !.-<:!h yrijcanmed was inorc
powerfiil than f • annus and navies of Great
Britain.
G.i rim a .’iirth .u ;*?■?,our fathers made
this occh; ,011 ■i ”, d.Hri and independence
oi the Slaii K. . -. n was fonght upon
this declaration, .red on rire Third'day of Sep
tember, 17: Hi lire tr.--.ly o', peace, “ft is liri
tauio Ma.jeeiy .: ■ ihe said United
States, to v, i: : . . ,B ichusi-U*
Bay, Rii-'-m- ! : , rea: Plantations,
Connecticut, . :'•)>!;. . Jersey, Penn
sylvania, lielfi*. : ~.1, Virginia, North
Carolina, Srerih (..'re ina .. id Georgia, to be
Free, Sriv, ~ ign and i ~ .. m States, that he
treats wi:h La-m r, • ! i.*’ o
<*n -r th„t. ri -,-gia stood bof.U'e
the wori.i, i- .-ri i *B" .'iments, and pos.
si-.-.-el of:-!! rile .- -.. ivigntv. When
did (.cure. I. ■ ■ . , ! Was it by
'blue ‘J t" • ’ -■ v. i with'her sister
BUtcs !, ( - y not.
irie .-v;;::•! ■oi (.. -ii . -u between the
colon io:, t ■ ei ;*r the objects
to ho attain* ,i, ri.o . . . . bvod between
the pa/u.-s to it, ."Mol i sc| ;■ e. vercignty of
each ot Lie -'tat- a a p. te t , it, i-, a cxprotsly
roscived. Was it v.hishe ’. e . tiie other
States formed the Cm • '.. j ;i j, , » rie» t ,.
ly not. I fi. ■, e. i v,-...; a compact be
tween the C ass e, l :': *, ii Os Which bad
been ICC ! , by , by the Bri
tish King, ■ a Leo, eave.oign and independent
State.
Tho objecte and r , : j- for which thejJFcdo
ral govermneut w; ; rmed, w distinctly spe
cified and were ~! 7 rth in : i:e compact. Tho
government cm 'vit v. - limited iu its pow
ers bv the -ran: -.vrii) an te ;>ireservation ot
all power.: ie... r. at,:d. iLc great attribute
of tepurale ' ... > , Hy, v.-im not delegated.
Jn tins' partu'.K-,!' G. •. • no change from the
Articles oi . V,: : :> -k ~» - --L/ Hy way atill
reserved r-wl; . wit). 'L s'.-espectivc
ly. ti*'*- nv ecu "j. - ::. c 1.-n a; n," wr.. based upon
the assmpj ' : on t!•■;.„ it v.-.- ,!... Lett interest
of all the rate ... in ; j;, wirii tho addi
tion.d grant ot [••.:. rs avid guarantees—each
State being bramd a a*• , perform and
discharge to the otn* rs ;1I ri.,; )tew obiigationa
ol the i v. so fitted to the
people* of r.! ;-tei.y and -o acceded
to by them. ia: -1 ,L i not part with their
tepar-M S’-.-irr ’■/ !.;• i:■ :i u the Con
stitution. In tl.-it, j-. a a'd the powers
delegated, a;,- . p.vuic.i ly mentioned. Sove
reignty t i*e grer.tc tof all p-diricnl powers, the
source from vvluoli ;,ii otlara emanate, is not
amongst, those lo.t.tlon-l It could not have
been parted with rua-pi b. :r. : t titherexpress
ed or clearly implied. The* n; -t degrading act
a State can do is to lev and .vu <a* surrender her
sovereignty. Indeed ii can n-u be done except
by deed nr grant. 'Ti e nd-i i- not to |«
found in the Con {itutt-.n . ti a expressly
granted janvcr.-'. It can not be amongst those
granted by impfication ; for by the terms of ti.e
compact none an: <;r;i;.:* and by implication except
such ns are incidental to, or nccc -ary and pro*
per tq exec tc tho e that me expressly granted.
The incident can never be greater than the ob
ject al)u ’• Hoiking in the powers expressly
granted amounts m> loureigmy, that which is
the great •tof ■ll ]■■ . n„t follow or be
carried rf'er a i ■ • ■ on- , m mi incident by im
plication--::nri ti, m to | .. tl,o matter at rest
forever, it k em . • >ly dec! tred that the powers
iv.t ‘leb-.i ■“*- '• , ■■ ■- . 1 -ie States re.-,-
pectivci- or :o j,i i ’e. Sovereignty the
great Kocrce of all therefore was left
with the Plates by the c- m’pact, left where
King George left ii .and left i/iicre it has ever
since rcii witt.-.m, aiui will rymain for ever if the
people of t!;c • ; , , . ; .themselves, and
true to i l,e :r jin- v'.uch their forefath
ers ticniove t at 1 !i eo-t . hi* ■■ ■! an l treaaure,
in the war of 177 ).
The Constion w.v only the written con
tract or bond, he; wet n li.e overeign biatc-; in
xlnch t!n> covenants were all plainly expressed,
and each Sta't ■. ,t n i 7 T-cd its faith
to its si ter fit; . to oh. erv ■ and keep these
covenants. Bo long omh did this, all were
bound by rite colli, ... ]:• I :■ a rule as well
known and a•-.; ;vet- if .n- ■] in savage
as in civilized iri'e—- ,-11 t and as
generally acquiesced in b . sovereign
States, in, be’ ween private individual*, that
when one party to a contract refuses to be
bound by it, and to confi rm toil- requirements,
tiie other party h reieu-ed hem further compli
ance.
Without entering i> a' 1 argoment to thow
the manner iu which ff .Vm ria rn states bad
perverted the con l ..act.; nil warped its terms to
suit their own intc r, . t. in tl.c enactment and en
forcement of tariff' law-1 for (he protection of
their industry a: the , ;.! ihc of the’Mouth, and
iu the enactment oi' internal improvement laws,
coast navigation 1 . , tit-hei v Tiv, Ac., which
were iutuidcil ( o enrich them t,t the expense of
the people of tie- w ;Inv and cite but a sin
gle instance of oi ‘ .t’ ov ■ . -cif confessed, and
even boas, I vioiut ■ u < I tL • ccmpuct by tho
Northern bit a ,<“ P p'”. 1 '; 1 the Southern
States were re!<• : ■ n-i ' • uged from fur
therobligafiou ■■ t rie rn Elates, by every
known rule of iaw, a •'•ralitv, or comity.
~ , r ......... ...... . i- m , t .
j One of tlm c-.V| te 1 • ;m ;n the written
bond, to w'Jiicb the Northern h.tatc.-; subscribed,
Rad v.v ;. ,i en by refer
ence t,> ;i." del in thi (on ntiou which
formed the Con,:nri- n, li e utliern States
never would have agreed to-or famed the com
pact, was ill the;;: ~d-.
“No person held <•-. service or labor in one
•Stat:-, u.i'Jtr till) i:i •• .1 " C-.P ew.'.pu.g mty an
other, elih.l, iu c■: • ■■■ ■; t any / .er nyu
t'Ztton th*:"* ■ to '■ f t.*' *■ . 11. ni .neb ser\ ico
or labor, but shall be delivered up on claim of
the party to whom cutu service or labor may be
due ”
Maesachvseftr and other *b .b;if,n .States ut
terly repuviMted, i.um.ded an j ect at nnucl/j