The Confederate union. (Milledgeville, Ga.) 1862-1865, November 25, 1862, Image 1

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Newspaper Page TextBOIGHTON, MSCET & BARKER Publishers and Proprieio.??. H. It. BOI’CIITOS, ) JOS. H. NISBKT. f elje CanfeberiUe Biiiou o Is published Weekly, in JHil/edgcrille, CJa., Corner of Hancock and Wilkinson Sts., (opposite Court IIousc.J At $3 a year in Advance. KITES of A»VIKTISI.\«. Per square of tirctre tines. One insertion.*! 00, and fifty cents for each subsequent continuance. 7’hoseseut without thespecification of the numberol insertions will be published till forbid and charged accordingly. Busineasor Professional Cards, per year, where they do not exceed Six Links - - - $!0 Of A /i/era/ contract trill be made icith /hose tcho wish to Advert ice by /lie year, occupying a specified space LEGAL ADVERTISEMENTS. Sales of Land and Negroes, by Administrators. Ex ecutor; or Guardians, are required by law 1.. be held on the first Tuesday in the mouth; between the hours oi It) in the forenoon and three in the afternoon, at tin Courthouse in thecountyiu which the property is sit uated. Notice of those*ales must be given in a public ga JC :t? 40 days previous to the day ofsale. Notices for the sale of personal property must be giv en in like manner 10 days previous to sale day. Notices to tlie debtors and creditors of uti estate. IU. : a!-n be published 40 days. Notice that application will be made to the Court of >r linary for leave to sell Land or Negroes, inttm be • ublislied for two mouths. Citation* forietters of Administration Guardianship, A must be published 30 days—for dismission from Ad ninistration, monthly r-i.c months—lav dismission troin Guardianship, 40 days. Rules for foreclosure of Mortgage must be pub:: bed monthly for four month.s—for establishing lost papers. for the full space of three months—for compelling titles from Executors or administrators, where b< ndho: i :ei: given by the deceased, the full space of three mouths. Publications will always be continued according these, thclegnlrequireincnte, unless otherwise ordered r.ttbc following RATES: Citations, on letters of administration, See. $‘2 75 “ “ dismissory from Admr’n. 4 50 “ “ “ Guardianship. 3 00 Leave to sel! Land or Negroes ! 00 Notice to debtors and creditors. 5 0o Sales of personal property, ten days, 1 jqr. 1 50 Sale of land or negroes by Executors, Ac pr sqr. 5 00 Estrays, two weeks For a nan advertising his wife (in advance,) 5 00 uuMffifflG Tilt: Subscriber is now pre pared to do SooL'Eitid- ing', in all its brandies Old Rooks rebel.nil, &c. >est style. Blank Books t Prompt attention will tie VOLUME XXXIII,] MILLEDGEVILLE, GEORGIA, TUESDAY, N0YEMBER 25, 1862. [NUMBER 27. COUNTING HOUSE CALENDAH, 1862.1 Mst of Regiments, Battalions, &c., from Georgia in the Confederate scrricc, Com- ©AYS w • if c : >| * JnJTifJ S' V, j ; y s r - piled from the records of the Adjutant and In- Inspector General's Office, and other sources. COMMANDERS. REMARKS. I Col. W. J. Magiil, Regulars. 1 Col. Chat. II. O'mstead, 1st Volunteer Regi men t. 1 2 3 4 July 5 6 7 8 9 10 11 12 13 14 15 If. !7 18 .'.‘.20 21 22 2321 25 26 24 2824) 30 31 1 A ] 2 3 4 5 6 7 8 » It* 11.12 13 14,15 16 !7 18 19 20 21 22 ^-3 24 2:i 26 27 28 29 30 31 Cl ST I J. B. Vjllepigue, I C< Mar. Apr h May June 9 )(. 1! 12 13 14 15 1C 17 18 19 20 2! 22 23 2425 26 27 28 1 Sept’k 2 3 4 5 6 7 8 9 10 11 12 13 I! 15 16 17 i S 19 20 21 22 23 24 25 2G 27 28 2J 30 31 1.2345 Octob'r 6 1 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2223 212526 27 29 23 30 , . . 1 2 3 Nov El! 4 5 6 7 8 9 io li 12 13 14 15 16 17 18.192021 222324 25 26>27 28 29 30 31 Decem. 12 3 4 5 6 7 6 9 10 11 12 13 14 15.16 17 18 19 2021 22 23 21 25 26 27 28 29 30, 3 1 2 > 7 8 a 10 11 12 13. 14 15 16 17 18 ]9«20 21 22-23 24 25 26 27 28 29 30 31 1 2 3 4 5 6 7 8 9 10 11 12 jo 14 15 16 17 18 19 20 21 22 23 21 25 26 27 28 2:1 30 y 2 3 4 5 6 7 89 9 j] 12 13 14 15 16 17 !8 19 20 21 $2 23 24.05 26 27 28.29 30 3! ” 2 3 4 5 6 7 l 9 10 11 12 13 14 I5 16 17 18 19 2021 .,2 23 24 25 26 27 2? .'3 30 1 2 3 4 5 *6 7 8 9 10 1! 12 ,3 14 15 16 17 18 19 oi, 21 2223 24 25 2? * 7 28 23 30 31 J. N. Ramsay, E. M. Butt 3 Col. E. Walker, 2 Ci 4 Cob Geo. P. Doles, ft Col. W. T. Black, G COURT CALLENDER FOR 1862. SUPERIOR COUikSS. MUSIC bound in th manuiacturcd to order given to all work eutmsted to me. S. J Kinder,' in Monthern Federal t iii Miiledgevillfc, March 19th, 1861. KIDD. >n Ottiee. 43 SPECIAL NOTICE. f J^HE undersigned havit m x>. i e rp his tin ■ remove ledgeville desires and intends t business matters of that place spec- i y as j b!e. All persons indebted are not,tied that no esand accounts are in the hands of .J. A. Breedlove. andP. II Lawler,who me authori zed to collect aud make settlements It not ar ranged at an early day, settlements will be enforced by law. 13 tf. A. C. TAIL, Agent. Western & Atlantic (Stale Kailroat Atlanta to Chattanooga, 138 Miles, Fare H JOHN S. ROWLAND, Su 7 30 r. M. 4 57 A. M 4 oo A. M. 5 ir> P. M. Xrxiin. . 2 to P. M. . G 57 P.M. . 4 30 A. M New Passenger Train Leave Atlanta at Arrive at Chattanooga at Leave Atlanta at Arrive at Chattanooga at Accommodation Pasmrugc: Leave Atlanta Arrive at Kingston Leave Kingston ...... Arrive at Atlanta 8 45 A M. Tins Rond connects each way with the Rome Branch Railroad at Kingston, the East Tennessee A Georgia Railroad at Dalton, and the Nashville A Chattanooga Railroad at Chattanooga. July 29, 1862. * 10 tf. Arrangement. - Change of Schedule, on and after Monday l\lh inst THE .Subsertbcrsare convey- **;»■.> /—V3_ ing the U. S. Mail from .'III- ^ ledgeville via Sparta, Culver-- ton and Powelton to Donbh Wells,and would respectfully invito the at their friends and the travelling public, to tlieir new and complete arrangement for travelling facilities over this line. SCHEDULE—Leave MillOdgeville after the arriva of trains from Columbus. Macon and Savannah: Ar rive in Sparta at 6 o’clock P. 31. and at Double Well -nine evening. Leave Double Wells alter the arriva] of morning trains from Augusta. Atlanta and Athens; Arrive at Sparta 11 o’clock, A. 31.; Arrive at MilledgeviUesame evening. With good TIacks, fine Stock and careful drivers we solicit alibcral patronage. MOORE & FORBS. Hinge OfBcem—Milled grriiir IfnfrIMiiicdtri cillt;G< Edwards' House. Sparta. Moore's Hotel, llonutc II ells. July 11,1859. 8tf- JOJAbcJ a*. BOW2JOIK, ATTORNEY AT LAW, Y.1TOSTOS, Si A.. Eatonton, Ga., Feb. 14, J - ■ 38 tf. 50 Saw Cotton Gin lor So le. ONE of WATSON’S best 51) Saw Cotton Gins is offered for sale. This Gin is new, and is equal •o any in use. Sold for no fault, tho present ow ners having no use for it- Any planter wanting;: good Gin,can have a chance to get one at are- ductiou on the regular price. Apply at this office, ' < t X. Tift, or J. H. Watson, at Albany GEORGIA BLACK, ItUSSETTS, All MY BROGANS, WOMAN SHOES, SPUN YARNS, SHIR TINGS OSNABURGS, S TR WED lit IMESP I NS, By the large or small quantities. Jacob Cans & Co. January 28, le62 36 tf 9AM L D. IRV1S IHEEM.EK BUTLER IRVIN & -BUTLER, ATTORNEYS AT LAW, ALBANY, Georgia. IPRACTICE iti the Superior Courts of the Si.uti } Western Circuit,—in Terrell, Randolph, and Ear- - counties, in the P.ituula Circuit,—in Worth and Ma (,, ii Comities, in the Macon Circuit, in the Unitec Vales Circuit Court at Savannah.—«nd by speeia contract,in auv County in Southern Georgia. January 1st’1860. 34 tf. £TH E RI DG £ &» SON, Factors, Commission and I’orwarding NAVAMAB, «A. w D. ETHERIDGE. W. D. ETHF.RlDGE, Jr July I5tb, 1856. 8 tf SssrsTX II. "& L. H. KEKAB) Ake Associated in the Practice ok Law Office 1 si Door upon 2d f.oor of MASONIC HALL. Jan 23d.1857. 35 tf J.IT& W. W. TURNER, attorneys at law, Eatonton,.Ga. L8, 184«. Slly. JANUARY. 2d Monday, Chatham. ' 'Floyd FEBRUARY. 1st Monday, Clark t Lumpkin 5d Monday, Campbell Daw»on 3d Monday, Forsyth Polk Glascock Merriwethe Walton 4th Monday, Baldwin Jackson Monroe ' Paulding Taliaferro Walker MARCH. 1st Thursday. Pierce 1st Monday, Appling Chattooga Cherokee Coweta Columbia Ci av,ford Gwinnet t Madison Marion Morgan 2d Monday, Butts Bat tow Coffee Elbert Fayett Greene Pickens Washington Webster 3d Monday, Cobbt Calhoun Hall Hart Heard .Macon N e wton Talbot Tattnal \Va‘ c Thursday after While Friday alter,Bulloch ith Monday, (’linch Putnam | Rabun Chuttahoochee fegs 1\ ilkes Johnson Milton Thursday after Habersham! 4t hTharsday, Montgomery Monday af-i E| . holB 'j tcr4thMou-I Effi -am day. ) APRIL. 1st A 2d Moil. Carroll 1st Monday, Dooly Franklin Eumnuel Early Fulton Gordon Pike Taylor Warren • JULY. [l«t Monday, Floyd' AUGUST. jst Monday Lumpkint 2d M tnday, Campbell Clark Dawson ]3d Monday, Forsyth Pol a Glascock Murriwether r Walton j4th Monday, Baldwin Jackson Monroe Paulding 'Talial'erro* Walker Tlmsday after, Pierce SEPTEMBER. list Monduy, Appl 8 Col. L. M. Lamar, 3 Gob Benj. Beck, 10 Col. Allred Gumming. 11 Col. Geo. T. Anderson 12 Col, Z. T. Conner, 13 14 Cob Felts Price, ■ 16 Cob Goode Bryan, | !7 Cob H. L. Ii< lining, ; 18 Col. W. T-. Wofford', I ill Col. W. W. Boyd, ' 20 Col. J. B. Cnmming, j 21 Col. JohnT. Mercer, i 22 Cob Robt. H. Jones, ! 23 Col. Tims Hutchison, | 24 Col. Robt. McMillian, j 25 Col C. C Wilson, 26 Col. W II Atkinson, 28 Col. J G Cain. 29 Col. W J Voting, 30 Cob I> J Baily, 31 Col. C A Evans, 32 Cob C A L Lamar, Coni'tderate Regi ment. The composi tion of this Reg. not understood, it being mixed command of Georgia and Missis sippi companies. Volunteers. Disband ed. Volunteers. Former ly Sremes’ Reg. Volunteers command ed at Sharpsburg bv Capt. R B. Xisbet Volunteers re-organ- ized. Volunteers formerly John K. Jackson’s. Volunteers formerly A. 11. Colquitt’s late ly Col. Newton's. Volunteers lately Cob W. T. Wilson’s. Piovisiona! Army. Volunteeis. Provisional Army. Volunteers. Provisional Army. Provisional Arm y , Volunteers, formerly A. V. Brumby's. Volunteers, formerly Col Miliican's. Provisional Army. Volunteers. Volunteers. Volunteers. Provisional Provisional Volunteers. Volunteeis. Volunteers. Volunteers. Volnnteers ized formerly Styles’ Volunteers, laiei Levi B Smith’s. Volunteers, former T .1 Warthen’s. tiie mule presents almost a broadside view. ’ „ At tlie upper right corner of the genuine notes, the white ground ap pears through the shading of the me dallion work; in the counterfeit the entire work is dark. FIFTIES. To levy and collect taxes to pay the debts and provide for the common defence and general welfare. To provide and maintain a navy. To mtike rules for the government and regulation of the land and naval forces. To provide for calling forth the militia to execute the laws of the Confederate Government, suppress insurrections and repel invasions. Several white spots appear just over ! To provide for organizing, arming and tlie figures fifty, in the medallion work ! disciplining the militia and for governing at the upper right corner of the gen- \ Ruch P att of ' tlieni as llia Y be employed in nine notes; there are none in the conn- 1 ,,!e “ rv,ce of tlie , Confederate goyern- ' to t lie 7 tates respectively terfeit. The outside of this medallion ork ill tlie connteifeit is CO\ eied by ; authority of training tlie militia accordin e a running net work; in the genuine | to the discipline prescribed by Congress, there is none. In front of, and at- i 'To make et/l laics which shall be ueces- tached to the chest, in the centre pie- sary and proper for carrying intoexecu- ture of the genuine note, there is a j tion the foregoing powers, padlock; there is none in the counter- I „ T , L(i prohibitions upon the States—still feit. In the genuine note tlie head of j further illustrates the question discussed. , . c ., , , ... i .No fttate shall enter into any treaty or the man m the lower lelt corner , alliance or COIlfederation _ nor / rant l/ tter is neaily bald, *t little nan of marque or reprisal. combed down on the right temple; in > Nor keep troops or ships of war in times the counterfeit a lull head of hair is ! 0 f peace. represented, tlie hair on the right j Or engage in war, unless actually inva- temple being slightly dishevelled, as if! ded or in such imminent danger as will blown by a puff of wind. In tlie genuine the bead of tlu . . , . . - , . i , i, i /> .• < , ' hibitious that the biates in the creation ot mao between the words Lon federate . ... ,. . , . , , . . j , • i the Confederate government, delegated all In tlie eoun- j t j 1{5 p 0wers they severally jiossessed over ! not admit of delay? fh_ f Now is it not apparent from these pro- Statcs, is near the centre. Aimy. Ai my. reorgan c w j erfeit the head is placed so as to j touch the letter E in Confederate. TWENTIES. j* In the counterfeit bills the figure 2, ! on the right side, in cut bv r a line line, these subjects to be exclusively exeicised by Congress, leaving only a naked power in themselves to engage in war when in vaded or in imminent danger admitting of no delay. . , - . The defence then of each State and the entirely separating tlie tail of the fig- common defence of all the States was ure from the mam body lit it; m tlie therefore necessarily devolved on the genuine the figure 2 is perfect. In j fVmfpderate e-uvernmei--* anti not on the the genuine bills the hat oil the head ol‘ tlie man in tlie low ci left corner ol the note, sits more upon the top of the head than in the counterfeit; in CfllltbHip Cherokei Culuuibii Coweta Claw iur< Madisou Marion ,M organ 2d Monday, Bulls Bartow Coffee Elbert Fayette Greene Gwinnett Pickens Washington Webster 3d Monday, Cobbt. Calhoun Hall Hart Heard Macon Newton Talbot Ware Bulloch Thursday after White ‘‘h .Monday, Clinch Putnam Chattahoochee Lee Twiggs Wilkes Johnson Milton Rabun Thursday after Habersham I Monday afO ter the Itli > Echols Monday j • OCTOBER. 1st & 2d Mou. Cairoll 1st Monday, Dooly Emanuel Franklin Early Fulton . Gilmer Gordon Taylor Warren Wilkinson Pike Thursday after Banks j 83 Col. A Littlefield, I 34 Col. J A W Johnson, j 35 Col. E L Thomas, *;6 Col. .1 A Glenn. j-37 Col. not know n, 38 Col. Geo W. Lee, 89 Col. J J McConnell, 40 Col. Ahda Johnson, 41 Col. C A McDaniel, 42 Col. R Ilendirson, 43 Col. Skidemore Harris, 44 Not known, formerly 45 Col. Thos. Hardeman, 46 Col. PH Colquitt, 47 Col. G W M Williams, 48 Coi. Wm Gibson, 39 Col. A I Lane, 50 Col. W R Manning. 51 Col. W M Slaughter, 52 Col. Wier Boyd, 53 Col. L T Duval. 54 Col. C H Way, 55 Col. C B Ilarkie, 56 Col. G P Harrison, Jr. Volunteers reduced to a Battalion. Volunteers. Provisional Army. Pi ( visional Army. Provisional At my. •Prov isional Army. Volunteers. Volunteers. Volunteers. Volunteers. Volunteers. Volunteers, R A Smith’: Volunteers. Volunteers. Volunteers. Volunteers. Volunteers. Volunteers. Volunteers. Volunteers. Volunteers. Army Voids, and Con scripts. Army Voids, and Con- scripts. Army Vol’s. andCon- Confederate guvernmo 1 --* <md not on PHoto & „»oinment. The people of Geor gia through their convention conferred the great duty of her defence on the Confed erate government, confiding wisely in the readiness and efficiency of that govern ment to perform to the best of its ability this high trust. That that 'government can more effi- i eicn'ly do it than the State government would seem to he a necessary consequence from the power ‘to raise and support ar- Voluntecrs, formerly Randolph Spalding’s. I the counterfeit the hat seems to be Volunteers. j thrown more towards the back of the Volunteers reduecJ j neck. to a batia’ion. In the genuine the crown of the sailor’s j hat is broader than in counterfeit—the slia- ! ding line on his jacket in the genuine, run j square across tlie body—in the counter- j m ; es ! Lit they run diagonally across the body. J t ] 1( , fj rs t blush and to one who does i Also, between tlie NX on the right \ no t ftriiy comprehend our system of gov- lowcr corner tire two hearts separated I eminent, this power to raise armies would and pointing towards each other in the I seem to be unlimited—and that it might be genuine, but in the spurious only one, j used to force every citizen with theexcep- or if two run together. " i tion of the President of the Confederacy * *’ ‘ ilitary service. In my judg- Col. VS Bark aloe, Col. E P Watkins, 59 Col. Jack Brown, Volurueers. Aimy Vol’s seri pfs. Army Vol’s. scripts. iluntcirs and Conscripts. an J Con- Hid Con- Wilkinson 2d Monday, Fannin after Banks Richmond ay, Hancock Hancock Richmond Harris Harris Lanrtas Lanreus i Miller Sliller Sumter Sumter 3d Monday, Glynn after, McIntosh Haralson. ay, Glynn Jlemy Haralson Joues Henry Murray Jones Oglethorpe Liberty Pulaski Murray Stewart Oglethorpe j Union Eulaski W*rth Stewnrt Monday Wortli after * 'Bryan 4th Monday,Wayne Decatur DcKalb Houston Jasper Lincoln Scliley Wlfitfield Wilcox Friday after, Telfair Camden Thursday after, Irwin Monday “ Berrien Charlton MAY 1st Monday. Clayton .Seriven Gilmer Randolph Upson 2d Monday, Catoosa Jefferson Chatham Fannin Mitchell Muscogee 3d Monday, Bibb Burke Quhttnan Spalding Troup Union Baker Thursday after Towns 4th Monday. Dade Terrell Last Monday, Colquitt JUNE. 1st Monday, Lowndes Dougherty 2d Monday. Brooks Clay 3d Monday. Thoms Corulry ! 1 J J Morrison, 2 W J Lawton, 3 M J Crawford, Caralry—Provisional Army. 1 Lieut. Col. Chas. Spaulding, 2 Maj. M Camming, 3 Maj. D L Clinch, Legions. 1 Col.TRRCobb, Provisional Army. 2 Col. Wm. Phillips, Volunteers. Battalions. The paper of all the genuine notes is of poor quality, but in the counter feit it is of a fair quality of bank note paper. 'Note.—The hair line is not an infallible test, as I have seem one on a counterfeit—but a famil- iority with the face of the sailor on the genuine bill will enable you to detect the false one on sight. J. J. IN CHAMBERS AT MILLEDGEV1LLE, > November 8th, 1862. j Asa O. Jeffers—Conscript. ) vs >Habeas Corpus. John Fair—Enrolling agent ) Asa O. Jeffers, through his counsel, de nies that the recent act of the Confederate Congress providing “further for the de fence,” commonly called the Conscript Act, is constitutional, and seeks by his petition to be discharged from the custody of the Enrolling agent for the reason as signed. Conscription ! What is it ? I under- into the ment it has a clear and well defined limit, beyond which it cannot go without anni hilating the State government, and even the Confederate government itself. To the extent to which some of the advocates of this power go, I cannot go—for exercised as they contend it should be.it would pro duce the most perfect military despotism tlie world ever saw—uniting in the hands of the President all the powers of govern ment now wisely distributed among the three departments both of the State and Confederate governments. In the very structure and. nature of the two distinct systenfs of State and Confed eraie governments is to he found that lim it. The creators of the Confederate gov ernment cannot be supposed ever to have conferred a power on its agent which could he used for their destruction. No con- scriptian act therefore could ever be made to reach any one belonging to either of the Executive, Legislative or Judicial de- un stand it to be the compulsory registry of j partments of the State or Confederate gov- individuals of a certain age to be drafted | ernments. All other citizens of the States Volunteers. Volunteers. Provisional Army. Provisional Army. Provisional Army. Provisional Army. Vol’s., foimerly <J A L Lamar s. Voi’s, formerly 33d Regiment. Provisional Volunteers. rimy. Thursday after Towns ! Thursday ) Montgomery after ‘ !4th Monday, Wayne . Decatur DeKalb Houston Jasper Lincoln Schley Tattnall Whitfield Wilcox Fx'iday after, Telfair Camden Thursday after, Irwin Mondnv after Charlton NOVEMBER. 1st Monday, Berrien Seriven Ciayton Effingham Randolph Upson pld Monday, Catoosa Jefferson Mitchell Muscogee 3d Monday, Bibb Burke Gnitlman Spalding Troup Baker 4th Monday. Dade Terrell Thursday after. McIntosh Monday “ Colquitt. ! “ Liberty Mon. after Liberty, Bryan DECEMBER. 1st Monday, Dougherty Lowndes 2d Monday,'Brooks Clay 3d Monday Thonias 1 Maj. G W Ross, 2 Lieut. Col. J B Stovall,. 3 Lieut. Col. W H Stiles. 4 Unknown, 5 Unknown, 6 Unknown, . 7 Lieut. Col. J II Lamar, 8 Lieut Coi A Littlefield, 9 Unknown. HI Maj. J E Rylander. 11 Not known, 12 Not known, 13 Not know n, 14 Not known, 15 Not known, 16 Not known, . Artillery. 1 Capt. L P Girardy, Volunteers. 2 Capt. J H Tiller, Volunteers. 3 Capt. G A Dure, Provisional Army. 4 Capt. H N Eiis. Note —Many of the above regiments and Bat talions have been changed, and their status cau only be. ascertained from the Secretary of War. W e publish as tar as we know, and trust that per- sons who are better informed, will furnish us, or some other Press, facts which may enable us to correct the list from time to time and thus perfect it. Editors Confederate Union. Counterfeit Confederate treasury Elates. The notes mostly counterfeited are or detached for military service. This mode of raising armies is as old as | the Roman Republic, which existed more ! tfian two thousand years ago. It was re- | sorted to in France at an early period of i her Revolution, and by it she was cna- I bled to bring into the field twelve hundred thousand men to repel the attacks of com bined Europe, and to suppress the revolt of La Vendee, the supporters of the Bour bon dynasty which had just terminated by the scaffold- It is, and long has been, the system of many of the most powerful nations of Continental Europe. It existed in Great Britain during the vigorous administration of the el der Pitt—afterwards the famous Lord Chatham. It has existed in that kingdom time out of mind, in the form of impressment for its marine service. ’ It is certainly then not a novel mode of raising or levying troops, or military forces for national defence. But, because it lias been employed by the Confederate Government, it is denoun- aie liable to conscription within the ages of IS and 15. The militia is unknown to any constitution as a department of gov ernment. and consequently all the privates and its officers within the ages aforesaid are liable to be couscribed. But it has been argued that if the Con federate government has the power of rais ing armies, it can only constitutionally do so by the modes known and practiced at the time of the making of the United States constitution in 17S7, viz:‘Volun- successful close, and whilst the memory of their embarrassments growing out of the employment of militia and requisitions for them uncomplied with, was fresh and keen, they promptly and unanimously blotted out. the words requisitions and quotas, and substituted in lieu of what they had repudiated as patriotic statesmen, the clear, distict and ample power “to raise and snpport armies.” The Confederate constitution contains the grant tints given to Congress in 17S7, and in the identical words. To seek as has been done to restrict a power unlimited by its words to onlv two modes of raising armies—“voluntarely en listment” and “requisitions for militia,” in the face of ail history and reason is the boldest attempt to pervert clear, precise, unambiguous words, that it has been my lot to hear from any disciple of the school of Jefferson. That they be Jeffersonian in the profession I will not question—but I must be permi ted to say that I think they will find it no easy task to make such constitutions accord with Jeffersonian principle or practice. Can it he supposed that such men as George Washington, Benjamin Franklin, James Madison, Alexander Hamilton, James Wilson, Governeur Morris, John Rutledge, the Pinckneys of South Caro lina, and Georgia’s distinguished delegate Abraham Baldwin, and these persons were members of the convention of ’87, did not know the full extent of the power they conferred “to raise and support armies.” That such a body of men of the highest civil and military renown as those 1 have just named should within four years after the termination of the Revolutionary war, painfully and profoundly familiar with the deficiency of adequate power in the Con federation of’78 to carry on war, arising from the jealous restrictions of the States on the mode of raising armies by it, should in the new and more perfect form of gov ernment they were framing perpetuate the imbecility of the old government, and they j only meant by the grant in the constitu tion of ’87 “to raise and support armies,” to give Congress the right to raise armies only by voluntary enlistment or requisit ions on the States for militia is incredi ble. If that had been the fact, it would stultify a collection of the greatest men the world ever saw in council. Credat Judeus apclla. 1 might have closed with propriety this opinion before this—but as tlie subject is one of vital interest, I will prolong it in the. hope of contributing something to ex pose the errors which exist in reference to the questions discussed. ^ Of what value, let me ask, would liava been this broad power “to raise and sup port armies” had it not been as extensive as it is ? Who could foresee what might arise in the future. To meet any exigency which might occur, wisdom demanded apoweras ample and co-ex tensive with any emergency.— To make assurance doubly sure, the con vention, to silence all cavil, went further, and invested Congress with full authority to pass all laws which they might deem necessary and proper to carry into effect this general, exclusive and essential pow er. But, it is urged that I must construe the other grants of power in this article of the constitution in connexion. I have not only considered them, but all other por tions of the Constitution, with a view to collect its true meaning, and / am con strained to say that I am unable to per ceive in the clauses iu reference to the militia to which my attention was particu larly directed, anything which in the slightest degree does or ought to effect my judgment as to the extent of the power to raise armies. That Congress may provide for calling forth the militia to repel invasion, and when thus calied forth, that the appoint ment of its officers belongs to the States, admits of no doubt. But how do these clauses elucidate the question as to the - tavy enlistment, and requisitions on the ; extent of the power of Congress to raise Governors for militia.’ ' and support armies, or of the aptness of the It strikes me as very strange that a means used to carry that power into execu- strict constructionist should seriously ask tion ? To call forth the militia organized me to interpolate conditions and restric- : in Divisions, Brigades or Regiments with tions into sc broad, unambiguous and un- j tlieir State officers, or not to call them qualified a power as that to raise and sup- forth thus organized and officered is a port armies without first demonstrating question solely within the discretion <ffi Con- that from the very nature and structure of gress. r I o assert that it is bound to call our systems of government such conditious and restrictions are essential to their pre servation in all their departments. What right have I to saj r that Congress may raise armies only by voluntary enlist ment—or, failing in that, by requisitions ced as violative of the Constitution of the Confederacy, because Congress could have j 0 n tlie Governors for militia, and not in resorted to other modes of raising troops, | any other mode whatever ] In substance, | viz : ‘Voluntary enlistment’ or to ‘requisi- | I am urged to decide that to be the mean- | tions for militia.’ j ing of the framers of the Constitution of It is asserted that ‘Conscription’ violates ’S7, and that those two modes exhaust the tlie genuine issues ot tlie.se notes there Are not these fears the mere phantoms is a shield in the upper left, corner, the 0 f diseased imaginations, filled with “Gorgons, Hydras and chimeras dire.”? the right upper corner of which is i placed in the centre between the let- I ter N in months directly over it. In ! the counterfeit the corner of tlie shield : is placed directly under the right down j stroke of the letter A. I am, after carefully considering many of the objections urged against the constitu tionality of the law, compelled to differ with the great dramatist who said—-’Twas the eye of childhood only, that feared a at each HUNDREDS. The Sailor in the lower left cornerl of the genuine note wears a black belt, \ ] with a buckle very distinct,—in the I com power, was the great controlling design of the Convention that framed that constitution. If such had been the meaning of the people of the Uni ted States when by tlieir delegates they were engaed in ’87 in revising the old ar ticles of confederation entered into in 1778, why were not these limitations 1 in corporated into the new frame of govern ment in clear and express terms? ■painted devil,’ since every hour is exhibit- , ing grown up men alarmed, or pretending j l' 1 ibis connection Jet it he borne in be alarmed, at the bodiless creations ol mind that in the articles of confederation their own imaginations. I shall not dis-'‘here was no general power‘to raise ar- - . I cuss the reasonableness or reality of their I mies.’ The Congress could raise armies l :i DucKte very distinct, in ltl ‘ f car s—nor the consequences which may \ by agreeing upon the number of land forces Jterleit the belt is very llgut, and j eiiSue f rom an acknowledgement of the I and by making requisitions from each. State •May holds three weeks, if necessary term. . e t • t.Tuhfoe , ’ 0t it r ^'jj2 r ^ 1 toV.idTwo weeks’Court face of tin: sailor-in the genuine is fine ! enact that law. weeks; an .. - ,. and regular—in the counterfeit the i The simple question is, had Congress the buckle scarcely to he seen. The j j )0wer of the Confederate Government to J or >ts Jttota in proportion to its white popu- i counties of Cohb and Lmuukio. S IXTY days after fiat? application the Hooora' ' ill be made to ? :,iwa / d i c - nud T1,omas p ‘ ELIAS U C'HAMBiOX. AfimV. (L.S.) Nor. 4th, IS62. 25 9t. regular- mouth seems pinched up, and the eyes j the constitutional power to enact it ? have a bleared or scratched look. 1 1 apprehend that none will deny that The sailor in the left hand end leans i t,1R highest duty of Congress is that of upon an anchor, diagonally across the i P rovidh, 8 fort ! ie ^imon defence of all the J i States composing the Confederacy. No ’ixty 1*5 to the lio'notable the (' t' _ . Twiggs county, Gn.. for un all the lands, and such portion may he necessary, belonging order for leave to sell of the negroes as to the estate of tuny be necessary, ur,. deoeas- uyj “ Hartwell L. Folomon, !at jQ H N FAULK, Ex’r. centre vignette, (ts) ed Nov. 4th, 1862. 25 9t S IXTY the to sell the M McDow Nor. 3.1, 1862. Nt-grots belonging the estate veM, 1 “*y o f E t d C :°McDOB ELL, Afirn’r. vignette from left to ri«:ht, in the gen- i , . i i f . 7 . 7 . P statesman will deny but that the means for ume,tnere is a hair hno* very distinct, ; that purpose should he adequate to the as it tlie >tone irom which the impres- | end proposed—aud that there would Lea sion was taken had been broken or signal failure in any and every form of cracked. In the counterfeit there is government, which did not provide them, no such blurr or hair line. Ill the Let us see how far the States in forming their Confederate Constitution did delegate cotton press, is a mule—in the genuine 'J~ or the comm,m defence, their sovereign it is very indistinctly executed, and the 1 nnwprK ‘ mule looks as if he were walking from you, presenting only a tail view—in itisveryindiBtmctlye.vecuted.andthe p °K" ConW „„, e Co[gress , haU w >»«i« !o ’ oks ** in,e w»iw»g H X) the counterfeit it is much plainer, and power To declare war. To raise and support armies. lotion. Thus the power was a limited one. 'I'iie illustrious men of the Revolution and all the historians of those times unite in the. condemnation of the whole system of requisitions • for inilitia, and in saying that a»a military force it was more expen sive and less efficient than troops raised by other modes. They further say that by adhering to that system we came very near losing our independence. Are we never to profit by the expe rience of our Revolutionary fathers with out paying the high price for it they paid ? The framers of the constitution of 1787 were well acquainted with our whole revo- lutionary history—many of them had participated both in council and in the field in conducting that revolution tn a forth all liable to military service as militia is to beg the question, which they are called on to prove. Is not the argument that Congress must call forth as militia, officered by the State, &c., virtually a denial of the right of Con gress to raise an army, through recruiting officers, by the voluntary enlistment of the citizen ? If so the Confederate government would be reduced to rely on drafted men furnish ed by the States, in obedience to a call, or on volunteer organizations by companies, battalions and regiments with their State officers. Voluntary enlistment means in its most usual signification something else than volunteer organizations—it is that system which has been used for the pur pose of tilling up the ranks of what is termed the Regular Army. It is argued that the Confederate government may enlist individuals to a limited extent, hut that it cannot through its recruiting offi cers enlist all the men composing the militia, for that would be to annihilate tho militia. This reasoning appears to me to be strange, making the constitutionality of the exercise of an admitted right to depend on the number enlisted and source of sup ply. From what class of men in a State except those between 18 and 45 years of age, can an efficient military force he procured ? It must of necessity be from this class, or our young government will be driven in making up her armies for defence, into European shambles to pur chase soldiers as did Great Britain in her war against us in 1776. Can any one deny the right of the Con federate Congress to declare by law that it is the duty and honor of the citizen to serve in the army of his country ? Such an enactment might be deemed compulsory. If compulsion isnecessary to raise an army to defend ourcountry, who will dare say that the government charged with the common defencemay not use it ? Compulsion is foree.—Conscrip tion by the Confederate government and draft by the State government are alike compulsory measures of force— they are twins of the same .parentage and so much alike that if will require keen optics to distinguish them apart. I think that every fair and candid obser ver of the state of things in Georgia now will concede unhesitatingly —the prompt, free, willing, voluntary spirit which put, hitherto so many of her sons in the mili tary service—lias expired. In vain, un less under the threat of an immediate draft, could any one hope to collect enough men to form a regiment. The Confederate government cannot depend on that spirit to fill up her army. Resort then, says the State rights man of the hour to drafting the militia. But drafting is compulsion and force. Conscription is to drag the poor citizen who cannot buy a substitute to Richmond, far away from wife and home, and “in chains.” Does not the draft, when resorted to by the Governor of a State do just the precise same thing, tbev sav conscription will do? What, then, is the value of the choice between the two modes of putting a soldier into the army? The difference at most is that when drafted with others, to make a regiment, he has the right to elect his officers. Does the exercise of this State right lessen the iguominy or pressure of his “chains ”? By Conscription, ho may not have the right to ballot for his officers, yet, practi cally, as its design is to fill up Regiments thinned by disease and battle, the Geor gia conscript is permitted to join any regi ment from Georgia, not full, he prefers.- -- His comrades are Georgians who have become skilled by discipline and long service to command, and who have won imperishable renown for their constancy and cool coarage in the field. As the force is tiie same by “Draft” as in “Conscription.” it would seem that the whole contest as to which government should exercise it, resolves itself into a dispute rather for patronage to be directly or indirectly exerted. Reduced to this complexion, might not a looker on whose mind was filled with deep anxiety from the dissentions which are painfully appa rent in this hour of gloom aud peril, ask with tremendous significance, “Is the game worth tho candle’’? We are tojd by an eminent statesman “that power controlled or abridged is al most always the rival or enemy of that power by which it is controlled or abridg ed.” Georgia, by the unanimous vote of her I delegates in Convention ratified the Con federate Constitution, containing the giants of power herein enumerated, among them the unqualified, unconditional, and exclusive power to Congress “to raise aud support armies—together with the power to make all laws which it shall deem necessary and proper to carry into execution all of those powers.” Has Georgia with her power to raise armies abridged and controlled by her own free act, at this early day, and in the midst of a terrific war for life, liberty and inde pendence as a State, for our homes and hearthstones, become the rival and enemy of the Confederate government, because she is controlled by that government in the manner and mode of raising armies for her defence? That Constitution that thus abridges her power is as much her Consti tution as her State Constitution—its agents are as much her agents as are the agents of the State Constitution. Why then should she by false and unfounded con struction attempt to fritter down t.. noth ing, a power so broad and absolute, and which lias no limit to its exercise, in my humble opinion, hut the clear and well marked boundary which I have in this de cision delineated? If Georgia is dissat isfied with the grants of power she has made as too broad and unlimited, and that they were unwisely delegated—if she wishes to dwarf her dimensions to a petty State, not wanting aid from others—her pathway is plain—let her go into State Convention—recall her grants—dissociate herself from her sister States, and bring hack all her sons to the defence of her soil. This would be to make a Revolution in the midst of a Revolution. 1 cannot believe she will thus rashly act. I think when shecooly examines this question in tlie clear light of our past his tory, she will not listen to that construction founded upon the usages of the United States and Great Britain, in 1787—and which if engrafted, would emasculate the great and essential power to raise and support armies, of all its virility. Afteu listening attentively to the argu ments presented by the counsel for the Conscript, I have been thrown back in memory to the Conventions of Virginia and Maryland, to which the Federal Con stitution was submitted for ratification. The general power “to raise and support armies” was under discussion. The op ponents of that Constitution made tho same objections now made—they sought to limit the power as it is now sought to be limit ed. The argument to-day is but the re production of old ideas and old objections, with less fire, but more rhetorical embel lishment. All those arguments and ob jections failed, happily for the country, and the Constitution as it came from tho hands of its framers was adopted and be came the supreme law of the land. I have thus with the independence which becomes a Judge, discussed a ques tion brought before me almost without no tice—without full argument supported by authority on the part of the enrolling agent, been forced hastily, within the short space of twenty-four hours, to reduce this opinion to writing, that it might be pre sented at once to the Supreme Court for review. I offer no apology for the rea soning. My ideas have been well consid ered. My regret only is that I had not ample time to clothe them in language worthy of the magnitude of the questions discussed. In concluding this decision candor compels me to say that for months past I have carefully read everything I couid find to aid me in arriving at a firm conviction. The result of my con sideration is to be found in what pre cedes this. I have no doubt whatever after investigation. Had I entertained any it would have been "dispel led by the clear, distinct and emphatic opin ions of Col. Geo. M. Troup, whilst the House of Representatives were in Committee of the Whole on several bills, to-wit;; “A bill for the classify ing the militia,” the bill “to authorize the President to accept volunteers organized, and who may offer their services to the government,” &c M and two Senate bills, providing for calling forth militia. He said. “Tiie measure of the Senate is inadequate to the ob ject. It proposed to give you a Militia force, when you wanted a regular force. He respectfully suggested to the

Georgia Historic Newspapers

The Confederate union. (Milledgeville, Ga.) 1862-1865, November 25, 1862, Image 1