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a-: BdUtiflTO.Y, MS BET & BARNES; Publishers and Proprietors. J9». il. XHSBT. $ HOIWM. Cijt Confdmtc Pinion Is published Weekly, in jhlilledgecH/e, Ga., Corner of Hancock and Wilkinson Sts., (opposite Court House.) At $3 a year in Advance. BATES OF ADVEBTI8I.VG. Per square of tieelre/ines. •jne insertion $1 00, aud fifty cents for each subsequent continuance. rhose-tent without the specification of the nuinberol insertions wiiibe published till turbid aud charged accordingly. dU'iii'-ss >r Professional Cards, per year, where they do not exceed Six Lises ... $1000 A i,i , rat contract Kill be made Kith those vho Kish to Advertise by the year, occupying a specif ed space LEGAL ADVERTISEMENTS. 8 lies of Land and Negroes, by Administrators. Ex- ; . j;.,rsor Guarniaus, arerequired by law to be held , ;:,e first Tu -sday in the mo.tli;uetween the hoursof ; i. 11 ic forenoon and three in the afternoon, at the r'.jnrt souse in the county in which the property is sit- id ed. N'otiee of these sales must be given in a public ga- - i ! days previous to the day ofsale. .Voticea torthe site of personal property must begiv- „ ri i ..,;e manner Itl days previous to sale day. Notices to the debtors and creditors of an estate must a]-.. !ic published 40 days. N .tics that application will be made to the Courtof ir lin.'.ry forleavetosell Land or Negroes, must be iublished for two months. Cita’in t« for tetters of Administration Guardianship, ic., mast be published 30 days—for dismission from Vd uinistration. monthly tic months—fur dismission tr im Guardianship, 40 days. Knh-sfor foreclosure of Mortgage must be published /na>ii hy for four months—for establishing lost papers for the foil space of three months—for compelling titles from Executors or administrators, where bond has been jiven by the deceased, the full spaee of three months. Publications will always be continued according to •V-e. the legalrequirements, unless otherwise ordered at the following RATES: Citations, on letters of administration. See. $2 75 “ “ disraissory from Adinr'n. 4 51' “ “ “ Guardianship. 3 0( L-’ave to sell Land or Neemes 4 Oh N ,*ice to debtors and creditors. 3 Of <a!e« of personal property, ten days. 1 sqr. 1 5P < deofland or negroes by Executors,&c.pr sqr. 5 Of' E-travs. two weeks 1 50 Fur a man advertising his wife (in advance,) 5 Of CONFEDERATE UNION. VOLUME XXXIII.] MILLEBGEVILLE, GEORGIA, TUESDAY, OCTOBER 7, 1862. [NUMBER 20* DAV3 COUNTING HOUSE CALENDAR, 18G2. f From the Athens Banner. — ' | Iu Elbert Superior Court, Krplrnibrr Term. let A T y7 Jambs M. Lovingood, Sidney P. Bruce, j*Habeas Corpus. Enrolling Officer. \ The papers in this case reveal the fol lowing facts : About the last of February or first of March last, the plaintiff enlist ed as a volunteer recruit under Lieut. \\ illis, of the 15th Georgia Volunteers— was examined and rejected for unsound- ness by Surgeon Cleckley at Augusta, on the 17th March, 1S61. On the 11th of June, 1862, he applied for admission as a volunteer recruit into the 9th Ga. Battal ion at Camp \ an Dorn, near Knoxville, 1 ennessee, and again rejected for unsound Fej'y. ^ "Z 7. = ^1 ■ = s •< 3L C : ■% Z CC 12 3 4 Illy. "• 8 y n> 11 1 15 1G 17 18 . ir-i 14 i I 22 23 24 25 20 21 >29 30 31 -27 28 2 1 15 6 7 8 1 12 13 14 15 :< 4 > 1920 21 22 10 11 1 > 26 27 28 17 18 1 12 3 4 5 8 a id 11 12 5 16 17 18 ]<J 5 6 7 8 Mar. 2 3 4 April Mat. Junk. 5 6 7 a 10 n 12 1314 15 16 17 Ic I<J 20 21 22 23 24 25 26 27 28 21) 20 31 • Sept’k 6 24 25 26 27 28 29 30 3i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 |7 18 19 20 21 22 23 21 25 26 27 28 2J 30 L C - i ? ,1 5 OCTOB'K 6 / 8 9 10 11 12 1 2 3 4 13 14 15 16 17 18 19 5 C , 8 9 10 j j 20 21 2223 24 25 26 12 13 14 15 16 17 in 27 28 -29 30 19 20 21 22 23 24 .,5 26 27 28 -29 30 21 . 4 5 6 7 8 9 10 1 11 12 13 14 15 16 17 2 3 4 5 6 7 s 18 19-20-21 22 23*24 9 10 1) 12 13 14 25-26 27-28 29 30 31 16 17 18 19-20 21 -2 23 21 25 26 27 2>- -jq 12 3 4 5 6 7 30 1 2 3 4 5 8 9 ft. 11 12 13 14 7 8 9 10 1 1 12 ,1 15 16 17 18 19 20 21 14 15 16 17 18 19-2 ft 22 23 24 25 26 27 28 21 22 23-2125 26 27 29 30 28 29 30 31 tion by volunteering—the Government has shown particular anxiety to secure to him his choice. Before the Act passed, this plaintiff volunteered, and alter the act passed, he volunteered again. Both times he was rejected, and under such circum stances as forbid him to hope he would ever be received as a volunteer. Now, if he is permitted to be forced into the army as a ronscript, can it be said he had his choice, intended to be secured to him by the act and orders ? Such a rule would keep the word of promise to the ear and break it to the hope—it would be the hands of Esau, but the voice of Jacob. Subordinates of the Government have pro claimed, they intended to perpetrate this wrong and injustice, but I have yet to see the evidence which connects the head of ness, by Surgeons Callary and Bell. On | the nation with such a proceeding, and we the 6th June, 1862, Col. Trencbavd, of can yet hope, for the honoi «»f the great tain that the States are sovereign and in dependent. In what sense can this be said of Georgia, if every man of her mil ' this county, issued an order appointing : him Ensign of the 189th Dist., G. M„ of Elbert county and the same day he ac- I cepted and took the oath of office. That I lately, the defendant enrolled him as a j conscript, and on Wednerday the 3d inst., assumed and took control over him by vir tue. of his authority as enrolling officer, and ordered him off to the camp of in struction. The answer of Bruce admits these facts to be true, and he bungs into people he rules over, that : t:ch evidence does not exist. But it h«s been lately discovered that the halt, the lame and the blind, though of her Constitutional Commander-in-chief without his consent.? Must he abdicate bis most important duties, by permitting himself to be disarmed of his forces, and all this, too, in violation of his oath of of fice, in case he should think them necessa ry for the proteclion of the State/ If Congress can pass a Conscript Act with certain exemptions, they can pass it without exemptions. No one will deny this. If, therefore, they have the power to prescribe what shall be militia, and to Conscript at pleasure, they may take the Governor, the General Assembly, and the whole Judiciary, and thus annihilate the State Government. This palpable infrac tion of the Confederate compact is some times— indeed principally, defended on the plea of necessity. IVhat a dangerous fallacy. We have expended one hundred thousand valuable lives and untold millions A British Queen (Anne) was once urged by the Emperor of Russia to punish one of her officers for what bis Majesty c. uiider- itia can be taken from under the control 5 ' - cc ] an ac t of indignity to his Ambassador Counterfeit Confederate STotcs. The notes mostly counterfeited are and 100’s, of the issue 1S61 Court a copy of the Conscript Act, and i for such purposes than to seize them for the regulations aud orders framed upon it, 1 grooms for horses, or scullions for his kitcli- Treasury as bis justification—producing also, in ■ en. .The purpose to do such a thing shows I obedience to the writ, the body of Loving- j ignorance of the spirit of the peopie, not unfit for military duty, will do for clerks, j of money, to maintain the Constitution messengers, nurses, wallers. &o. Tic clear and decided judgment of this Court is that even under the conscript law, the commander-in chief, nor his subordinates, nor any of them, have any more power to impress the free people of this country good. ! Plaintiff’s counsel makes the followin' BOOK-BINDING THE Subscriber is now pre pared to do Book'Biad- ing, in all its branches Old Books rebound, Ac. MUSIC bound in the best style. BLANK Books manufactured to order. Prompt attention will be • ven to all work entiusted to me. b S. J. KIDD. Kinder? in Sonlhern Federal Cnion Office. Milledgeville, March 19th, 1861. 43 " COURT CALLENDER FOR 1862. SUP3S.IOjS, courts. JANUARY. 2d Monday, Chatham. •Floyd JULY 1st Mondav, Fioyd* AUGUST. 1st Monday Lumpkint 2d M >uda> , Campbell Clark Dawson i3d Monday, Forsyth PoiK Glascock Merriwether Walton ;4th Monday, Baldwin Jackson Monroe l’aulding Taliaferro Walker TUueday after. Pierce ; less than the principles of free government; nc „ t' s nni „e „i • i a laiunu s counsel mattes me iouowing [ and is not paralleled by any instance in the the 20 s, 50 s and 100 s, of the issue j points . e j despotism of Europe, except, perhaps, ol N*pt. V> l^ul lithographed by j i The plaintiff is a lawfully appointed Russia, now the sympathetic friend of Hover A Luuwig, Richmond. Ill all j commissioned officer of the Gtorgia Mili- j President Lincoln. the genuine issues ol these notes there j tia, and therefore exempted by the order ; We come now to the third point mad is a shield in the upper left corner, the | of the Commander-in-Cbief of this State, by plaintiff’s counsel, to-wit—That the the right upper corner of which is 2. He has been twice rejected by the j Conscript Act is unconstitutional, and placecTin the centre between the let- I Confederate Government as a soldier, for I therefoie the act itself, and all regulations -- ’ unsounduess, and cannot be coerced into a <1 *l.o independence of the >18108, and shall we now violate it, and destroy the State Government/ As reasonably might we commit suicide to avoid personal dan ger. to her court, though the officer had viola ted no positive law- 1 he Queen’s mem orable reply was that “she could inflict no punishment upon any, the meanest of her subjects, unless warranted by the law of the land.” This is an example you might well im itate. For 1 take it for granted that no one will pretend that any General in com mand of armies could confer upon you or anybody greater powers than the Ruling Sovereign of England possesses in like casts under similar c'rcuinstances. The case referred to in England gave rise to a change of the law. After that an act was passed exempting foreign Ministers from arrest. So with us. If the proper discip line of the army requires that the sale of a soldier by a person not connect ed wi:i the army should be prohibited (which 1 do not mean to question in the slightest degree) let the prohibition be de clared by la»’, passed by Congress, with the pains and penalties for a violation of it, with the mode and manner of trying the offense plainly set forth. Until this is df ie, no ' e has any authority to punish Nor is this plea of necessity true in fact. j u - a ch uses ; and any one who under- The Conscript Law can only furnish men. j takes to do it is a trespasser and a violator We have, and had before State laws t reach every man in the State between 18 and 45, and to say the Conscript Law was ter X in months directly over it. In the counterfeit the corner of the shield is placed directly under the right down stroke of the letter N. HUNDRED; The Sailor in the low< Tt third experiment, under the Conscript Act. 3. The Conscript Act is unconstitution al; and therefore the act itself, and all reg ulations aud orders based upon it, are like wise void. ■* Tile first question suggested by this re- ofthe genuine note wears a black belt, j cord, is whether this Court has jurisdic with a buckle very distinct,—in the ! tio “ over lli e questiops presented, and the counterfeit the belt is verv light, and ^bject matter, to-wit: the body of the The i b’ a ' n tiff, Lovingood. As to this question, the buckle scarcely to he seen. 2d Mondav FEBRUARY. 1-t Monday, Ciaik t Lumpkin d Monday, Campbell Dawson 3d Monday, Forsyth Polk Glascock Merriwether Walton ilh Monday, Baldwin Jackson Monroe Paulding Taliaferro Walker MARCH. 1st Thursday. Pierce lit Mofidayi Appling Chattooga Cherokee Coweta Columbia Crawford Gwinnett Madison M arion Morgan 2d Monday, Butts Bartow Coffee Elbert Fayett Greene . Pickens Washington Webster 5.1 Monday, Cobbt Calhoun Hall Hart Heard Macon N e wton Talbot Tattnal Wa e Thursday after White Friday after, Bulloch 4th Monday, Clinch Putnam Rabun Chattahoochee Lee Twiggs Wilkes Johnson Milton l _ I :r-lay after Habersham ter the 4th > Echols Thursday, Montgomery! Monday ) Monday af-' ' -r 4tli Mun- w °°d. e c , -i • .1 • • c t the Court can see but little ground for face of the sailor in the genuine is fine ] 7 , ,, , , , - 6 .-, ,,, i , , . , e . . doubt, and shall treat it briefly. 1 be an<l regular in the counteileit tiig Constitution of Georgia declares “the mouth seems pinched up, and the eyes right of the people to appeal to the Courts liave a bleared or scratched look. j shall never be impaired;” further, “for The sailor in the left hand end leans i every right there shall be provided a rem- SEPTEMBEK. t Monday, Appling Chattooga Cherokee Columbia Coweta Crawford Madison Marion Morgan Butts Bartow Coffee Elbert Fayette Greene Gwinnett. Pickens Washington Webster 3d Monday, Cobbt Calhoun Hall Hart Heard Macon Newton Talbot Ware Bulloch Thursday after White li Monday, Clinch Putnam Chattahoochee Lee Twiggs Wilkes Johnson Milton Rabun Tlinri-dav after Habersham Monday af- ) I Echols ^Effingham APRIL. 1-' .V 2d Mon. Carroll !•'. Monday, Dooly Franklin Emanuel Early Fulton Gordon Pike Taylor Warren Wilkinson 1 :.u: -d'yafter (tanks . -Monday, Hancock Richmond Harris Laurens Miller Sumter Tuesday alter. McIntosh 2 : Monday, Glynn Haralson Henry Jones Liberty Murray (tgiethorpo Pulaski Stewart Monday Worth after * 'Bryan 4th Monday,Wayne Decatur DeKalb Houston Jasper Lincoln Schley Whitfield Wilcox F May after. Telfair Camden Thursday after, Irwin Monday “ Berrien Charlton MAY 1st Monday. Clayton Seri yen upon an anchor, diagonally across the vignette from left to right, in the gen uine, there is a huir hut* very distinct, as if the stone from which the impres sion was laken had been broken or cracked. In the counterfeit there is no such blurr or hair line. In the centre vigiette, right side, near the cotton press, is a mule—in the genuine*) a py °f_th« points involved in this record. it is very indistinctly executed, and the mule looks is if he were walking from vou, present og only a tail view—in the counterfeit it is much plainer, and the mule presents almost a broadside view. At the upper right corner of the genuine note:, the white ground ap pears througl the shading of the me dallion work; in the counterfeit the entire work it dark. FIFTIES. edy, and every citizen ought to obtain justice without purchase, without denial ami without delay comformably to the laws of the land. Such is theiauguage of the Constitution of Georgia, and such her sovereign com mands to her Courts. There is no con flict between her Constitution and the Constitution of the Confederate States, in 11 (# will then is, that Judges shall pennit the people to appeal to the courts, and forbid them not, shall use remedies to pro tect their rights, and shall give them jus tice without purchase, denial or delay, comformably to the laws of the land. IVhat courts are intended here? Ob viously the courts established by the Con stitution. What remedy is brought to view in this ease? Obviously tbe remedy called Habeas Corpus, which is the uni versal one incases where personal liberty is restricted or taken away. Eor these reasons I must hear, determine, make a : judgment, and enforce that judgment by Several whit* spots appioar just over the power of the Sheriff' and his posse. If the figures fifty,in the medallion work the plaintiff were already a soldier, wheth- at the upper right corner of the gen- er by voluntary enlistment or draft, or uine notes; thereare none in the coun- ; otherwise, and petitioned for Habeas^Cor- terfeit. The outside of this medallion P us - ™ ust granted, and if it appeared . . ., | to the Court on the return, that the Mili- work in the counterfeit is eotered by 1 a running net w>rk; in the genuine there is none. Ii front ot, and at- Monday, ( Gilmer Randolph Up*w Jefferson Chatham Fannin Mitchell Monday, Mnscc 4;ee Bibb Burke Quitttnan Spalj^ing Tronp Union T , Baker * “'-lay after Towns Co Monday, Dade t . Terrell Bart Monday, Colquitt . . „ JL ' NTE - ' Monday, Lowndes Dougherty -- Monday. Brooks ,, , Clay ■ *‘»nday, Thomas OCTOBER, list A 2d Mon. Cat roll list Monday, Dooly Emanuel Franklin Early Fulton Gilmer Gordon Tflylor Warren Wilkinson Ptke Thursday after Banks ;2d Monday, Fannin Richmond Hancock Harris Laurens IMiller j . Sumter 3d Monday, Glynn Haralson Henry Jones Murray < »j>U thorpe Pulaski Stewart Union W.rtli Thursday after Towns Thursday ) Montgomery after * 4thMonday. Wayne Decatur DeKalb Houston Jasper Lincoln Schley Tattnall Whitfield Wilcox Friday after, Telfair Camden Thursday after. It win Mondav after Charlton NOVEMBER. 1st Monday. Berrien Seriven Clayton Effingham Randolph Upson 2d Monday, Catoosa Jefferson Mitchell M uscogee j.3d Monday, Bibb Burke Quit! man Spalding Tronp Baker 4th Monday, Dade Terrtdl Thursday after, Mclntoah Monday “ Colquitt *• * “ Lihertv Mon. after Liberty, Bryan DECEMBER. 1st Monday, Dougherty Lowndes 2d Monday,’Brooks Clay 13d Monday Thomas taclied to the cites, in the centre pic ture of the genuiie note, there is a padlock; there is rune in the counter feit. In the genuim note the bead of the man in the Inver left corner is nearly bald, . i little hair is combed down on the right temple; in the counterfeit a ful head of hair is represented, the hair on the right tary Court3 has jurisdictign over them, then fie must be remanded, for their judg ment is then the standard of his rights. But here the question is, shall he become a soldier—and of this question only the civil courts liave jurisdiction. This is the true distinction, and if understood and re membered, would save all conflict between the two jurisdictions. Coming now to the first question made by plaintiffs counsel, that he is a commis sioned officer of the militia, and exempt by tbe Governor’s order, I do not ques temple being slightlydishei elled, as l t j on jjj s p 0we r to exempt his officers—in- blown by a putt ot wnd. deed I think it was his unavoidable duty In the genuine the head of the fe- , to do so. He is, by the Constitution, male betweeit the w»rds Confederate Cotnmander-in-Ohief of tbe Army and States, is near the centre In the coun- Navy of the State—he is charged by law erfeit the head is placed so as to touch the letter E in Confederate. TWENTIES. In the counterfeit bill the figure 2, on the right side, in cutbv a fine line, entirely separating the ti.il ot the fig ure from the main body >f it; in the genuine the figure 2 is perfect. In the genuine bills the hat oi the head of the man in the lower lef corner of the note, sits more upon Re top of the head than in the counterfeit; in the counterfeit the hat st-ens to be thrown more towards the back oi the neck. , In the genuine the crown ot be sailor s hat is broader than in counterfeit—the sha ding line-on his jacket in. the gem me, run the body—in the square across me uou_> omiter feit they run diagonally across tlrt body. Also, between the NX on th* right 1 lower corner are two hearts scpirated with the duty of protecting the State against invasion, and all other souices of lawlessness aud disorder—in fact, with the execution of the laws. His only power to do this is the militia. Nor is it true, as ha- ! coii often said, that the Governor cau get men enough over 35 years of age, to be officers. He has no power to get of- ticers at ail. By the laws of this State, which binds tbe Governor, as well as any other man, the people have the right to elect officers, and the Governor must take such as the people give him. He saw fit to waive his the militia below appears to me it ary discretion to decide—holding himself responsible toretaiu force enough at home for domestic protection, and the enforce ment of the laws. But if he had permit ted the officers to be taken, it would have been an abdication of bis office in effect; deserving se\ere censure and perhaps pun ishment. 1 am thus explicit in stating my opinion of the rightfulness of the Govern- and orders based upon it, are likewise void. In every- government based on a written constitution, coutaining restrictions on the Legislative Department, it follows neces sarily that the Judiciary must annul all acts in violation of that constitution, when attempted to be enforced against the citi zen of his rights. But'we are not to this implication plain as it is. The l?th clause of the 1st Article of the Constitution of this State, declares “Legislative Acts in violation of the fundamental law ate void; and the Judiciary shall so declare them.” •If, therefore, upon investigation, we find this Conscript Act to be in violation of the fundamental law, it must be declared void. Our Confederate Government, like the old Federal one, is a government of limit ed and testricted powers. Congress lias no powers save tbose delegated in the Con stitution—all others are withheld. Neith er court nor Congress nor Presidents can change it. The plan and means for its change are nominated in the bond, and' necessity is not among them. The inqui ry then is, is the power to pass the Con script Law delegated to Congress in the t Constitution? It is el-timed that such power is delega ted iu the 12th clause of the 8th section of the 1st Article; which gives the power “to raise and support armies,” and in the 18th clause following, giving the power “to make all laws necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the Confederate States, or in any department or officer thereof.” Now it this law be necessaiy aud proper for carrying into ex ecution the k2th clause aforesaid, and is not in conflict with the reserved rights of the States; and not in conflict with any other portion of tbd Confederate compact itself, then it is constitutional. These clauses are identical in words with the clause,s on the same subject in the old Constitution. In the 16th clause of the same section and article are reserved to the State the rights of training the militia according to the discipline prescribed by T Congress, aud of appointing the officers. What aie we to understand by the term “militia” as used in this clause? The lan guage used is such as describes a thing al ready existing, ana not hereafter to be created—and taken in connection with the fact, that each State which was a party to the compact, already had existing a body of men called its militia, the conclu sion is plain, in my judgment, that the term was intended to mean these bodies, and not confer on Congress the power to create a militia of its own. A strict con struction gives this result, and strict con struction is our settled policy and law. This militia, by our law, is all males be tween IS aud 45, not exempt by law, and State law too, 1 hold. 1 doubt not, when called into service Congress could exempt others, but could overrule no exemption made by the States. necessary to procure men, is to maintain the arithmetical absurdity that there are more men in the country between 18 and 35 than between 18 and 45. Whereupon and for those reasons it is oniered and adjudged by the Court, that the Act of the Confederate Congress, known as the Conscript Law, entitled “An Act to further provide for the public de fence,” is void, and the plaintiff', James M. Lovingood, he released and discharged from the custody and control of Sidney I*. Bruce, and from tbe custody and control of the Sheriff' of this Court, and be set at liberty, to go wherever he pleases. THOMAS W. THOMAS, J- S. N. C. opinion has changed very rapidly, there are thousands of Americans as well as Irishmen, in the North, liable to be draft ed into the army who will not add to ita strength, but who will take the first op portunity to desert to the Southern stand ard. And every such roan well got rid of will add to the real strength of the North ern forces. It is to be feared thitt* th - cowards, skulkers and the stampedcr. who have so often brought disaster and disgrace upon the national cause, hav« been those who volunteered lrom ne cessity, and have no heart in the cause they pretend to serve. One earnest Un- i>".: utan is worth a dozen of these half way sympathizers with rebellion. If I am not strangely misinformed, there are officers of high rauk who are as open to these remarks as the common soldier. The disappointment experienced here at the financial condition of the North is ludicrous. The Times has apologised to its readers for the non-fulfillment of its predictions. The crisis is postponed. It seems impossible for these people to under stand that a country producing all the necessaries of life, and a large situ exportation, having the richest go^u mines in tbe world, and a government which has the entire confidence of the people, can well get on without. pa\ incut in specie. It is remarkable, however, that all 'lie diffi culty should be with the Noith. No won der is expressed that the fcoutb should be highly prosperous without muney or credit. The feeling about the war is without change. It is oue of suspense, turope waits to see what will become of Mc'Jlel- lan, what will be done Cc Pope, and what will be the result of the conscriptiou. The Western Democrats write of the great things they expect to do in the fall elec tions. borne, in high positions, speak con fidently of carrying some of larger States, and of a plot to make over\ Tjlo"’" r '] 1 can ^ J a •he law. Soldiers in the service, as well i the officers are subject to the Rules and ! j°' n the feonthern Coulederacy Articles of War, and if they commit any i 0D ly hint obscurely at these matters, but offense known to the military code therein I tk e y may soon become worthy ot atlen- prescribed, they are liable to be tried and tion. 1 here is no doubt that a deep plot prescribed, t:,ey punished according to the law made for their government. If these Rules and Ar ticles of War; or in other words, if the exists to carry over Missouri, and there arc Pennsylvanians iu London, who lor- since, tlneatened to carry that tsiate for military code for the government of the i ktmth, and hope t< make 1 hiladelphia army is defective in any respect, it ought * * " to he amended by Congress. There alone the power is vested. Neither Generals nor their Provost Marshals nave any pow er to make, alter or modify laws either military or civil; nor can they declare what shall he crimes either military or civil, or establish an} tribunal to punish what they may so declare. All these mat- the great entrepot of Southern trade. '1 here are stories about g>and coup’d’etat of Southern intervention—a sudden open ing ot the Southern ports by the French fleet now leaving for Mexico. There will be nothing of this. Whatever is done by France will be open and deliberate. Well disposed as we are told the Emperor is and has been toward the South, he wx 1 authorities. Yon then have my views hastily but pointedly given. ALEXANDER H. STEPHENS. From the Atlanta Confederscy. POWERS OF 1 ME illlMTARY. Xseller from Alexnutlrr II. Stephen*. Richmond, Ya., Sept. S, 1862. Hon. James M. Calhoun, Atlanta, Ga : Dear Sir : Your letter of the 28th ult, to Hon. B. H. Hill, was submitted to me by him a few days ago, for my views as to the proper answer to be made to your sev eral inquiries touching your powers and duties in the office of civil Governor of At lanta, to which you have been appointed by Gen. Bragg. I took tbe letter with the promise to write to you fully upon the whole subject. Tbis, therefore, is the ob ject of my now writing to you. 1 regret the delay that has occurred in the fulfill ment of my promise. It has been occa- j ported to have cost some 87,030 000, it is ters belon c t> Congress; aud I assure?; haste to even acknowledge the x- you, in my opinion, nothing is more essen-j c 7- When he takes this step.it .i he tial to the maintenance and preservation ! also give the South all needed assis- of constitutional liberty than that the tuili- j tance; but tbe new opening campaign may tary be ever kept subordinate to the civil 6e fought out without no other intertereuce than what may be given underhandedly by sympathizing English capitalists, with the connivance of the government. Monadnock. Yankee €*enerati» Wounded. The following is a complete list of casu* allies among the Y'ankee genera! officers in the battle in western Maryland: Major General Hooker, wounded in the foot; Major General Sedgwick, wounded n hands.' 11 is said that the iron plated j severely in three places; Major General amer which left these shores a few davs ■ Rodman, mortally bounded; Major.G< sioned by the press of other engagements, and I now find my time too short to write fully as I c«' it i wish. The subject is one of great imp nance, and this, as well as matters of a kiudrea sort, have given me deep concern for some time past. I am not at all surprised at your being at a loss to know what your powers and duties are in your new position, and your inability to find anything in any written code of laws to enlighten yon upon them. The truth is, your office is uuknown to the law. Gen. Bragg had no more authority for appointing you civil Governor of At lanta, than I had ; aud I had, or have, no more authority than any street walker iu your city. Under his appointment, tbeie- fore, you can rightfully exercise no more power than if the appointment had been made by a street walker. We live under a Constitution. Thai Constitution was made for war as well as peace. Under that Constitution we have i civil laws and military laws ; laws for the civil authorities and laws for the military. The lirst are to be found in the Statutes at Large, and the latter in the Rules and Articles of War. But in this country there is no such thing as uiartis! law, and can not be until the Constitution is set aside, if such an evil day shall ever come upon ■ us. All the law-making power in the Confederate States Government is vested in Congress. But Congress caunot de clare martial law, which in its proper sense is nothing but an abrogation of all j laws. If Congress cannot do it, much less can any officer of the Government, either civil or military, do it rightfully, from tb< highest to the lowest. Congress may, in certain cases specified, suspend the writ of Habeas Cot pus, but this by no means in terferes with the administration of justice so far as to deprive any party arrested of his right to a speedy and public trial by a jury, rfter indictment. &c. It does not Does this Conscript Law provide for training the Conscripts by the authority of ■■. - ■ , i i J J lessen or weaken the rwut of such party to the States? Does it not, on the contrary, . o -n i . * J . , . e i . . ' * redress for an illegal arrest. It does not takeaway tins authority from the States? , . ° , • , .1 . .i i, • , . l 11 authorize arrests except upon oath or af- It enacts also that the i resident shall ... , 1 T . i , n , ... drmation upon probable cause. It onlv appoint the officers of the volunteer mill- r 1 , , , ,. , secures the party beyond misadventure to tia, now in the service ot the Confederate r J ... , , States, and of those to be put in by tbis ? n pe r «ont° ^.swer the charge and ailitary authority over the I law _ a tJear and p;lIpable £„] ation 'f tbe P»«" preliminary inquiry as o the nv the age of 35. 1 bit, it j rightg of the States, reserved in The said j or le g ah, Y ot ,ls ll < loe8 , was a Question for Ins mi - ^ lh clause . Jn this view I am sustailie d i “ ot <>' *mpa,r bis other const,tu- 1 * 1 11 ’ 14 i * *» a* i* i n ; tional lights. lheseCongre&scannotim- by the rresideut ot the Confederate btates . . P mi A /» ° - . v r ... r ... r . . .... • pair by law„ 1 he Constitutional tfuarran- imriselr. 1 be fact is recorded in Ins lile, 1 J F tees aie above and beyond the reach or pow- and pointing towards each other n the or's order, because I am compelled to hold, genuine, but in the spurious only one, under the facts of the case, the plaintiff r ... ’ ,„r • is not exempt under that order. It is true, or i, "°’ ' .. tlio irpnuine totes t,iat on Gt h of June, 1862, the Colonel The paper of all T e f , ° t issued an order appointing the plaintiff, is of poor quality, hut 1 Liviugood, Ensign ot the 189tb District, feit it is of a fair quality ot odu 10 c aI1( j j ie acce pted and took the oaih of of- paper. bee. But, by reference to the law, (Cobb’s •Note-The hair line is not nn infallible’«t. New Digest, page 761,) it will be seen the as I have seem one on acouuterteit— nut a Uml- j Colonel has no right to appoint but only iority with the face of the sailor on the g'-n me j tQ nom inate—that is, to nominate to the bill will enable you to detect the aise | commander-in-chief, who must commission, tight. SPECIAL NOTICE.. . rr'HE undersigned having removed from Mi- I is :n_ sod intends to close up h 3 'lay holds three weeks, if;'ocessary, at each •'dee not required to draw Jurors for two * ** and not obliged to hold two week.’ Court *'® t i.. of 9obb and Luamkia. poss. notified that tfi 1 ledgeville desires a business matters of that place B P ee ”? ^ ble. All persons indebted are notineu ^ ^ BRE^nLovE^Hild'p. H .Lawler, who are autiiori.; third examination.the judgment of this cesA mnl’A *ettlen«ei)t8 not ar * court fl/Trees with him. Rv thA Hnnscrint and until commissioned, the nominee is no officer. Lovingood not having been com missioned, is not within the purview of the Governor’s order. In relation to plaintiff’s second point that he has been twice rejected for disability, and cannot he subjected to zed to collect and make settlementsi if _»■* court agrees with him. By. the Conscript raugedatanearlyday, settlements wi e . - L 1 Act itself, and orders issued under it, the b> ia'tf A C. VAIL. Agent. citizen has his option to avoid eonscrip- written by John Savage, contained iu a book entitled “Our Living Representa tive Men,l’page 172, as follows : “Tbe teim of enlistment of tbe handful that remained of the Mississippi regiment expired in July, 1847, and Col. Davis was ordered home. While in New Orleans, he received from the President (Polk) the commi'sion of Brigadier-Generul ot vol unteers, but declined the honor on the ground that neither Congress nor the Pres ident had a right to make such an appoint ment. The Constitution reserved to the States respectively, the appointment of officers of the militia, and consequently the assumption of this duty by the Fed eral Government, was a plain violation of the rights of the States.” The Constitution he was then living un der was exact in words with the present one on these points; and he preferred to retire to private life, from the midst of his fame and usefulness to violating it. This act of devotion to Constitutional right contributed as much perhaps as any other to elevate him to his present exalted sta tion. In the preamble to our Confederate Con stitution, care is taken to assert and main- er of Congress, and much more, if it could he, above and beyond the power of any of ficer of tbe Government. Your appoint ment, tbeiefoie, in my opinion, is simply a nullity. You, by virtue of it, possess no rightful authority, and can exercise none. '1 he order creating you Civil Governor of Atlanta, was a most palpable usurpation. 1 speak of the act only of a legal and con stitutional sense; not of the motive that prompted it. but a wise people, jealous of their rights, would do well to reniem- London Correspondence of the N. Y. Time*. AFFAIRS IN El’ROPE. London, Aug. 26.—As the British Gov ernment gives no sign of interference in i American affairs, Englishs capitalist ap- ! pear to have taken tbe matter into their | ow I steamer . _ : ago, and of which you have heard before ' eral Richardson, wounded in shoulder se ll iiis readies you was purchased by the I v erely; Brigadier Genet al Mansfield killed; I Southern commissioners; but as she “is re- brigadier General Hartstuff, severely; Brigadier Genera! Dana, slight; Brigadier hurd to see where they got either the ! General vV eber, Brigadier General Jiea- money or credit to purchase ber. | gher, and Brigadier General Duryea all It appears that this steamer was built ; slightly wounded. for the British Government, but rejected! as not up to the contract. She is very The Yankees at Mairolh—Important Infar- large, can stearn 'ghten knots ail hour, is j uiatiou. covered with six inch iron plates, and has ! We learn from a geutleman who icacu- an armament of which the heavie are ; ed his city last evening from the vicinity rifled 120 pounders. If the reports circu- of Suffolk that the Yankee army there lated here are true, ^he will be far the has been heavily reinforced, numbering most formidable antagonist the American r0 w, it is supposed, at lea=: 25,000 men navy has ever met with. SLould Eng lish capitalists, interested with cotton, fit out half a dozen such steamers, as they cau very easily, aud take cotton for pay, you will find a use for all the iron clad ships you are building. It is true that the steamer of which 1 have spoken may be the only one, and that not to be de spised, hut there is nothing improbable in a large number; and I know not how oth erwise to account for the high spirits of the secessionists here, who hint of some terrible blow to be strnck, and who speak so confidently of the speedy return of peace, and of resuming their occupations in the South, and even in cities now occu pied by national troops. The cotton famine increases, and grows every day more gloomy, hopeless and threatening in its aspect. The Times has sent a special reporter into the district which suffers moie by the war than any portion of America. The autnmn is at hand and winter is close upon ns. The vast mass cf manufacturing operatives ar 1 small traders reduced to pauperism, are naked and starving but for the relief doled out to them. They must be warm ed as well as fed.. Long since they have pawned theft-clothing and blankets. They lie upon tbe floor. They have been used to a warm atmosphere and generous diet. .They have been promised that the war would soon end, or that cotton would come from Itidi.i or elsewhere. To-day they are told that the war in America must last for many months, and probably years, and that no cotton is coming from any quarter. Patience, for which they have been so praised, is neatly exhausted. Ue-pairhas come- What despairing men will do when they number by the hundred thousand, we wait to see, and not without the appre (tension of some great calamity. It is not in England alone. There is a frightful distress iu Belgium. The Queen of England sent 810,000 to Lancashire a lew days ago. fche has sent the same amount to Be'gium. This shows what niu»t he the distress there. In France, the government has taken the matter upon its own broad shoulders. The manufac turers have been instructed to keep their works going and to charge the loss to the government. To find work for evfery Frenchman w illing to labor is one of the functions of the imperial government. But observe that the government that does this must also consider an obstacle to ber, as Delolme so well exptessed it, that industry as on attack upon itself. If you “such acts, so laudable when we only ' injure a French manufactory you injure consider the motive of them, make a the Emperor- A war which deprives breach at which Tyranny will oue day en- ; France of cotton, as a tariff which limits ter,” if quietly submitted to long. Now her trade, is an affair of State—not as then, my opiuion is, if any one be brought i n England, a question of political econ- before you for punishment for selling liquor omy. to a soldier, or any other allegation, where ! ’The detection and escape of a few there is no law against it, no law passed thousand fugitives from the draft intoCan- by the proper law-making power, either a da. or to England, is not a misfortune.— State or Confederate, and where as a mat- Of the few hundreds that have landed at ter of coarse you have no legal or rightful Cork from the late steamers, ail were authority to punish either by fine, corpor- ! Southern Sympathizers, who would have eally, &c., you should simply make this done only mischief in a Northern Army, response to one who brings him or her, as No officer would willingly command aol- tbe case may be; that yon have no juris- diers whose first bullet would be fired at dictiou of the matter complained of. ; his head instead of the enemy. Unless We also leatn that they have sent 10,000 men to Windsor station, on the N. and P. Railroad, eleven miles this side of Suffolk. They have narrowed the guage of the railroad four inches from Norfolk to Zuni station seven miles this side of Windsor, and eleven miles from the point to w hich the track has been torn up by our people, and from which it is more or less obstruct ed to Petersburg. We would respectfully suggest to the Government to have a force sent down to Windsor sufficient to capture the Yankee column there and also at Suffolk. They are mostly composed, doubtless, of taw re cruits lately diafted, and could be bagged by half the number of Confederates. They should not be suffered to repose there a day longer than they can be reached by our anns. Now is a good opportunity to break up this nest of vandals. The game that it is playing is, we think, to accum ulate gradually at those points a strong force from the new levies, and drill them for further operations at a future day — This game should by all means be blocked and tbe ulterior scheme be nipped in tbe bud. That scheme is, we take it, to marck upon Richmond via Petersburg as soon as they can collect aud prepare in the way they are doing a large force at Suffolk un der the Northern draft, which they can do unless prevented by speedy and vigorous counteractive measures by our Govern ment.—Petersburg Express. Cannot the policy here recommended be applied and pursued on our coast, and wbeiever the YaukeeS show intention of increasing their force of occupation or in vasion? We have sufficiently tested the policy of waiting for the euemy to get ready and select his time, place and mode oY fighting. One chance left to avoid a Dictator.— A dictator is staring the North in the I ace. The Philadelphia Mercury points to Freniont as the man, and fears he has a large support for the place. His speech at St. Louis, de,- claring that the “people” should have their way in defiance of the “red tap* at Washington,” is hailed as a shadow of the coming event. It implores the country to support the Democracy in ousting the Republicans and saving the “Union.” The Western View of the Fu ture War Policy.—The Cincinnati Gazette says that with men enough in the field they have failed to whip the Confederates, and is not sure that the result would have been different if the 300,000 new troops had been in the field. While in the East they are quarreling about the incapacity of Generals, it thinks “we in the West” see that the plans marked out could not have been successful with anjr fore*. *