Newspaper Page Text
Correspondence*
executive department, >
Milledgeville, Ga, May 8, 1862. J
Dear Sir: — I iiave the honor to acknowledge
the receipt of your favor of the 28th ult., in reply
to my letter to you upon the subject of the Con
scription Act. 1 should not trouble you with a
reply, wore it not that principles are involved of
the most vital eharactor, upon the maintenance of
w hich in my opinion, depend not only the rights
and the sovereignty of the States, but the very
existence of State Government.
While 1 am ahvayS happy as an individual to
render you any assistance in iny power, in the dis
charge of the laborious and responsible duties as
signed you. and while I am satiskeo you will bear
testimony that I have never, as the Executive of
this Stale, failed in a single instance to furnish
all the men. and more than you have called for,
and to assist you with all the other nieans at my
command, I cannot consent to commit the State to
a policy which is in my judgment subversive oi
her sovereignty, and at war with all the princi
pies for the support of which Georgia entered
into this revolution.
It may be said that it is no time to discuss con
stitutional questions in the midst of revolution,
and that State rights and Slate sovereignty must
yield for a time lo tin* higher law ot necessity
If this is a safe principle of action, it cannot cer
tainly apply till the necessity is shown to c-xist;
and 1 apprt hend it would be a dangerous policy
to adopt, were we to admit that these who are to
exercise the power of setting aside the Constitu
tion, are to be the judges of the necessity for so
doing. But did the necessity exist in this case?
The Conscription Act cannot aid the Government
in increasing its supply of arms or provisions, but
can only enable it to call a larger number of men
into the field The difficulty has never been lo
be learned from its acts: and from the terms era- j visions of this law were effective in warding off
ployed, it would seem that the policy ot election a pressing danger: but! prefer to answer vour ob-
wiihin forty days to reorganize and elect their 1 i. '
officers. ,
But if I understand the act, judging from the * i0 " er :
terms used, all vacancies whidh occur in the old
thousand millions of debt and not bo more heavily
taxed than they are.
Mr. Kelly, (Rep.) of Pennsylvania. It seems to
me that the remarks of the gentleman, Mr. Yoor-
hi-es, demand some immediate suggestions in re
ply. lie says we live in strange times, and in so
far I agree with him. It seemed to me, as I lis-
nun- I tened to him, that J could not be in the halls of an
object of the States in reserving the power of ap
pointing the.officers- is defeated, and that portion
of the Constitution is not only a nullity, but the
whole military power of the States and the entire
control of the militia, with the appointments of
judge whether j the officers is vested in the Confederate Govern
w passed for the purpose ot executing that tnent, whenever it chooses to call l's own action
.is “necessary and proper’** It is not ; -raising an army and not dolling forth the miff- . .
enough to say that armies might be raised in other fit.” I American <_ ongress that I had been transla e
, , wavs, and that therefore this particular way is not i I can only say, in reply to this, that the power of < some other place, or that the gentleman had mis
regiments, are to be filied. not by ejection, but by ; •‘necessary.” The same argument might be used : Congress depends on the real natuie of tiie act it ken his forum, for I am quita sure that the speecu
i e rtsi i n . y promotion, down to the lowest against every mode of raising armies. 'To each proposes to perform, not on the name given to it: he made, if made in the hails of the bo 11 till :n on
. ,r 1 1 V,m° u er, whose vacancy alone is fill- successive mode suggested, the objection would ; and I have endeavored to show that its action is federacy, its well rounded periods vuu lax e
, e y- n Ibis rule of promotion befhat other modes were practicable, and that really that of “raising an army.” and bears no drawn down vehement piauuits The corrup ions
iiiiilf.r 8 ■ , ie President: at any time, : therefore the particular mode used was not “uec- j semblance to “calling forth the militia.’ - I think
be n , 1 nuisances mentioned in the act, and essary.”—The true -and only test is to enquire I I may safely venture the assertion that there is
. a -\ a Pbn i ’ ,t; any one be pi ease wo fill the- va- whelherthe law is intended and calculated to car- 1 not one man out of a thousand of those who will
ed by the President.
yuite a number of Georgia regiments are in for the Conscription Law is calci
the war, whoso officers hold commissions from to “raise armies.” It is, theref
the Executive of the State: but eveh in these reg- for the execution of t
tin •’ I ‘ ,1S i°-M imon l , le P erson 'jhle.cted is dis- r y ou t t ],e object; whether it devises and creates
in eiil* 6 i° r fi.i 01 va or ’ a . u< ^ the com mission an instrumentality for executing the specific pow-
• ier an a the cases mentioned must be issu- er granted; and if the answer be ip the alfiimative
the law is constiturionai. None can doubt that
calculated and intended
erefore, “necessary and
- , . . re K‘ proper” for the execution of that power, and is
meins, under the act, every person appointed to constitutional, unless it comes into conflict with
tut any vacancy which may hereafter occur, it some other provisions of our Confederate Com
mon Id seem, must hold his commission not from p a ,-t
the Sitate, but from the President. . You express the opinion that this conflict exists,
uut admit that Congress, by its acts, intended aiid eupport your aigument by the citation of
J? Ve r'.l ! r ?°, pS 1,1 ever > - case the right to elect those clauses which refer to the militia. There are U1 tllc ^ UIlal
o**rei» inch has not been the established prac- certain provi^oris not cited by von, which art? not ! vides that when the militia of the States aie
do service under the conscription act that would
describe himself, while in the Confederate ser
vice, as being a militiaman; and if lam right m
this asumption, the popular understanding con
curs entirely’with my own deductions from the
Constitution as to the meaning of the word “mi
litia ”
My answer has grown to such a length that I
must confine myself to one more quotation from
your letter. You proceed : '•Congress shall have
power to raise armies. How shall it be done ?
The answer iaclear. In conformity to the pro
visions of the Const tution, wbic.i expressly pro-
tice, as you have, commissioned many persons to without'influence on my judgment, and to which I
5?™."!.““ i- “ cthcers without election ) this call your attention.—They will aid in dtfining
relieve the acts of Congress from the j what is meant by “militia.” 2nd in determining
of violation of the Constitution. The the respective powers of the States and the Con
federacy over them.
ea
charge of violation of
question is not as to the mode of selecting tli
person who is to have the commission, hut as to
the Government which lias, underflie Constitu
tion, the light to issue the commission. The
•States, in the exercise of their reserved power to
appoint the officers, may select them by election
get men. 'The .States have already furnisbrd fhe or may permit the Executive to select them; but
Government more than it can arm. and have from j the appointment rests upon the commission, as
their own nieans armed and equipped very i .rge i there is no complete appointment till the com mis -
numhers for it. Georgia has not only furnished | sion is issued ; and therefore the G
mere than you have asked, -and armed and t quip
ped, from her own treasury, a large proportion of
those she has sent to the field, but sue stood ready
to furnish promptly her quota (organized as the
Constitution provides) of any additional number
called for by iiie 1’resident.
I beg leave again to invite your attention to the
constitutional question involved. You say in
vour letter, that the constitutionality of the act is
The several States agree “not to k. ep troops
or ships of war in time of peace.” Art. 1 sec.
10. par. 8.
They lurtlier stipulate, that “a well regulated
. militia being necessary to the security of a free
State the right of the people to keep ami Lear arms !
shall not be infringed.” See 9, par 13.
j That “no person shallTre held to answer for a |
Government that j capital or otherwise infamous, crime, unless on a ■
issues the commission exercises fhe appointing
power, and controls the appointment
I am not, however, discussing the intention of j militia when in actur.
presentment or indictment of grand jury except in
cases arising in tiro land or naval forces, or in the
led forth to repel invasion, and employed in tin-
service of tiie Confederate States-, which is
now the case, the State shall appoint the ofii-
cers.'^w
I you to observe that the answer which you
say is cleat\ is not an answer to the question put.
The question is : how ate armies to be raised ?
The answer given is, that when miiiiia are called
forth to Td^el invasion, the State shall appoint the
officers.”
’I here seents to me to he a conclusive test on
this whole subject. By oar Constitution G'pn-
gress may declare war, offensive as well as ck-ien-
sive. It may acquire territory. N >w, suppose
that for good cause and to right unprovoked inju
ries, Congress should declare war against Mexico
service in
time of war or and invade Sonora. The militia could not be cal-
of the administration ot Abraham Lincoln, lie
says, are saddling the laborers of the country with
burdens they cannot bear, aad destroying the val
ue of the property of the country. Was John B.
Floyd, 1 would ask him, a member of Abraham
Lincoln's Cabinet? And it was he "ho
stole the arms of the government to stock
Southern arsenals, that they might be put into
the hands of rebels to carry on this war. *» as
Howell Cobb a member of Abraham Liucoln s
Cabinet! And it was lie who purposely brought
down the credit of the country, so that at twelve
percent, per annum, we could not borrow in
our own market, the half of a loan of .^o.000,0(10,
and which caused France to turn up, we may say,
her nose at the id- a of American security and
American credit. Was Jacob 'Thompson a menu
Br Bingham—As soon as we turned the Dew-
nar'y out °f power.
M r yfallory wished to know whether the gen
tleman was willing that. tLe blacks should com
pete with free labor. When the blacks swarm
that State like locusts the gentleman would close
the door by legislation.
Mr. Bingham had no idea that any man born on
our soil should be excluded from the limits otany
'"'jllr. Colfax. (Rep ). of Indiana, said the senti
ment of the gentleman (Mr. Bingham) was not
the sentiment of the people of Ohio. As soon as
the Democrats regain power they will close the
door.
A Yankee I.ctlrr.
A friend in the army has sent us a letter found
in the enemy’s camp at Chiekahominy. from which
we make the following extract. The language is
not very genteel, bnt the sentiments exhibit some
patriotic.feeling in the writer:—Exchange,
. Brooklyn, April 9, 1802.
Friend Bob : We heard to-day of the great bat
tle of Pittsburg, and also the taking of “Island
No 10.” I suppose you are getting ready for a
fight pretty soon. I wish with all my heart that
this accursed war was over, and that every man
who instigated it, whether North or South, be sent
Congress in the assumption of this power, but mere public danger,” &c. 8ec 9, par IS. I
only the question of its POWER-.Hmd whatever I Whrit then are militia' They can Only be crea-
may Lave been i’s intention, I maintain that it j ted by law. The in ms-bearing inhabitants . t a,
lias transcended its constitutional powers, and has j State are liable to become its militia, if the law !
placed in tiie hands ot the Executive of the Con- so order; bnt in the absence of a law to that effect I
federacy that which the States have expressly' the men of a State capable of bearing arms are no 1
clearly not derivable from the power to call out j and carefully denied to Congress and reserved to miiiiia than they are seamen,
the militia, bn. from that to raise armies.. Let us | themselves. The Constitution .-.Iso tells us that militia arc i
examine this fora moment. The 8th section of the j But you may ask, why hold the Executive re- not troops, nor are they any pirt of the land or na- I
l-t article of the Constitution defines the powers 1 sponsible for. the unconstitutional action of Con- val force: for militia exist in time of peace, and j
of Congress. JThe 12th paragraph ot that section j gress? I would not of course insist on this any the Constitution forbid- the States to keep troops, j have been establish
declares, that Congi ss “shall have power to raise ; further than tiie action of Congress has been sanc-
and support armies.” Paragraph 15 gives Con- tioned by the Executive, and acted upon by him.
gress power to provide for calling forth the militia | Feeling satisfied that the Conscription Act, and
to exeente the laws of the Cot.federate States, j-such other acts of Congress as authorize the Pres-
suppress insurrections, and repel invasions. Par- j ident to appoint or commission the officers of the
agraph lii gives (’ongress power to provide for j militia of the State, when employed in the ser-
organizing, arming nndjdisciriiiuing _the militia, i vice of the Confederate Stales “to repel invasion,”
and tor governing such part ot them as may be I are in palpable violation of the Constitution, 1
employed in the service of the Confederate States, | can consent to do no act which commits Georgia
reserving to the States respectively the appoint- : to willing acquiescence in tiieir binding force upon
ment of the officers, and the authority of training her people. I cannot therefore consent to have
the militia, according to the discipline prescribed j anything to do with the enrollment of the con-
by Congress. j scripts in this State: nor can I permit any com-
Tlicse grants of power all relate to the same sub- J missioned officer of tiie militia to be enrolled, who
ject matter, and are all contained in the same sec- j is necessary to enable the State toexe^cise her re-
led forth in such a case, the right to call it bring
limited “to repel invasions,” Is it not plain that
the law now under discussion, if passed under
such circumstances, could by no possibility be,
aught else than a law to “raise an army ?” Can
one and the same law be construed iuto a “cal
ling forth the militia,"’if tliwar be defensive,
“and ((raising of armies,” if * the war he offen
sive .’
At some future day. after our independence shall
, it is no improbable stippo-
t.c-rof the Lincoln Cabinet? And >n it was he i t ,, Vieli by the shortest and most expeditious route
who stole our Indian bonds. Was Toucy a mem- j jj ea 0 f a civil war in a land so blessed, so
ber of the Lincoln Cabinet ? And yet it was he | f re ^, a s this is, is perfectly atrocious, and I little
that dismantled the only two ships he permitted j thought that the passions of men could carry
to remain in our wa'ers, while he sent all the them to such extremes. Who.the chief devils ol
others beyond fhe reach of the voice of the Presi- j the war are, there are curses from widows and
dent or of any of his ministers. Were these men, .orphans, made so by this unholy strife, rising
and the other scoundrels associated with them, j n jght and day to the Throne of Grace for ven-
meinbers of fhe present administration, or of that j geance on them, and it is my opinion that such
administration the overthrow of which the gen- j men „ s Greeley, Beecher and men of their opin-
tleman mounts ? I have henrJ of Satan reproving ; ions and mind, will ho destined the hottest part
sin, or darkeys calling each other black, but j 0 f that burning hell, to dwell in torture for ever
never witnessed an illustration of it on so grand a more. •
8Ctflo as this before. Here is Greeley, day after day, making not only
Mr. Voorhees—I lise. general but personal attacks on our young “Na-
The Speaker—Does the gentleman yield ? ; poleon” (McClellan), and yet thousands ot men
Mr. Kelly—I do not yield. i take his paper and coincide with him. But I can
'M r. Voorhees—You shall yield ? (Cries of or- ‘ t e u Mr. Greeley that when once popular fury
<W) breaks forth, his body-will be the iir>t to be hung
and
between heaven .and earth. Perhaps I speak
warmer on this subject because I have friends,
and watm ones, too, in the Southern as well as in
the Northern army^and though those in the Con
federate army are termed “traitors,’’ yet still they
ate my fr’euds. “Once atriertJ, altvay&a friend,”
is my motto. But I will tire y-.n with such along
in time of peace: and they are expressly distin
guished and placed in a separate category from
land or naval forces, in the Kith paragraph, above
quoted: and the words land and naval forces are
shown, by paragraphs 12 (('and 14, to mean the
army and navy of the Confederate States.
Now if militia are not the citizens taken sin
gly, bnt a body created by law; tliav are not troops
it they are no part of the army and navy of the
Confederacy—we are led directly to the definition
quoted by the Attorney General', that miiitia are
a “body of soldiers in a State enrolled for discip
line ” In otherwise words, the term “militia’
is a collective term meaning a body of men or
ganized and cannot be applied to the separate in-
tlon of the Constitution, and by a well known | served right ot training her militia, according to dividuals who compose the organization.
rule of omstrtiction, must be taken as a whole l the discipline prescribed by Congress, at a time
and construed together. - when to prevent troubles with her slaves a sfric'
It would seem quite clear, that by the grant of military police is absolutely necessary to the safe
power to Codgress to raise and support armies,
without qualification, the framers of tiie Constitu
tion intended the regular armies of the Ccnfed.-ra
cy, and not armies composed of the w hole miiitia
of all the States. If all the power given in the
three paragraphs abore quoted, is in fact embraced
in the first, m the general words to raise unities,
then the other two paragraphs are mere surplus
ages. and the framers of the Constitution were
guilty of the folly of incorporating Into the in
strument unmeaning phrases. Winn the States,
by the Itith paragrapih. expressly and carefully re
served to themselves the right to appoint the offi
cers of the militia, when employed in the service
of the Confederate States, it was certainly never
contemplated that Congress had power, should it
become necessary to call the w hole militia of the
States into the service of the Confederacy, to di
rect that the President should appoint (commis
sion) all the officers of the militia thus called iuto
service, under the general language contained in
the previous grant of power to raise armtes. If
this can be done, the very object of the State in
reserving the power of appointing the officers, is
if her people. Korean 1 permit any other of
ficer, civil or military who is necessary to the
maintenance of the State Government, to be car
ried out of the State as a conscript.
The Constitution divides the whole military
strength ol the States into only two classes of or
ganized bodies—one the armies of the Confedera
cy; the other, the militia of the States.
, In the delegation of power to the Confederacy,
afier exhausting the subject of declaring war, rai-
) sing, nod supporting armies, and providing a iiu-
•Should you at any time need additional troops
from Georgia to fill up her just quota, in propor
tionto the number furnished by the other States,
you have only to call on the Executive fur the num
ber required to be organized and officered as the
Constitution directs, and your call will, as it ever
has done, meet a prompt response>-from her noble
and patriotic people who, w hile they will watch
with a jealous eye, even in tho midst of revolu
tion, every attempt to undermine their constitu- j p ress insurrections and repel
tional rights, will never be content to be behind j , )ar _ 55
> y in relation to ail w hich the grant of authority J
to Congress is exclusive, the Constitution pro- |
ceeds to deal with the other organized body, the !
militia, and instead of delegating power to Con
gress alone or reserving it to the States alone, the
power is divided as follows, viz: Congress is to
• have power—
j “To provide for calling forth the militia to
execute the laws of the Confederate States, sup
invasions.”—Sec. 8
par
I S
Mr. Kelly—No sir, I shall not yield to you
Mr Voorhees—I say it is false, all false ;
1 denounce the gentleman as a calumniator.
Mr. Speaker—Order order.
Mr. Voorhees—I will allow no man
The Speaker interrupted the member from In
diana, who he declared was out of order.
Order being restored, Mr. Kelly proceeded- I am dissertation on matters probably of no interest to
f _„. t , , ’opposed to all swindling, sir, either in fact or ! y 0U _ ) have ever spoken my mind since the
tit present enemy may be tempted to j thought and to all covert attempts to delude and breaking out of this war, and have bepn threaten-
val power, by depredation on our : stduce the people from their patriotism and hon- e d with Fort Lafayette, but that could not daunt
est convictions. I believe in honesty and verac- me, for “free speech” is the foundation of our Re-
ity, and 1 say that the present condition of the public. So I will close mj’ long letter with the
country is the natural lVsult of the training its -. v isli that wherevel you may go. you may be pro-
people received at tiie hands of the Democratic tectrd, and return in safety "to those who are wait-
part} - . Cries of Good It made our country a j n g for you at home; and that the 3ffth may act
plunderer of nations, provided they were feeble. as “freemen” in the tight May the ball that is
Ender it filibustering became synonymes with to take your life he not yet moulded, is the earnest
Democracy during the two last administrations, wish of your friend. Write as soon as convenient,
There was no principle of honesty or of veracity aI1( j until then I remain vours trulv,
that the Democratic party, as represented in the * ~
Pierce and Buchanan administrations, left to the, ^ tsj .
people of the country. And if this war be an ex- Vo BeacA'oe 1 ?ry If me, 1 o every
pensive and a corrupt one, I pray you bear in three pints of berries add one quart of wa-
miml, and the country will, that Abraham Lincoln ter su ff e r it to stand twenty-four hours,
found well trained pupils in all the departments . . fl , ./ ,
and bureaus. This administration had left skill- strain through a cullender, then through a
ed scholars in the army of contractors to make the jelly hag, and to every gallon of the juice
most of their inexperienced successors, and it does add three pounds of good brown sugar,
not lie in the mouth of any adherct of either of t he white of two eggs beaten to a froth.
In conclusion, I take great pleasure in recog- these administrations—of one who seeks to resus- i • *1 . *.i
nizing that the history of the past year affords the citato the party which sustained them—to rebuke aI 'd Stlired in the juice, a little spice, With
amplest justification for your assertion, that if the I the Republican party, or Abraham Lincoln, on two dozen cloves beaten together, and one
question had hcen, whether the Conscription Law j these points. Will anybody who reads the re- nutmeg grated should be put in a small Jin-
" ” s necessary in order to raise men in Georgia, j marks of the gentleman (Mr.'Voorhees) be able to eQ | /. uu l dropped in. After all are mixed
the answer must nave been rnffhe negative. Yonr say whether lie approves of the rebellion, whether i . ,x . , l l *
noble State has promptly responded to every, call j he thinks the war should not have commenced, put it in a Stone jog. nilecl up ana Kept
that it has been my duty to make on her: and to 1 whether he wishes to make an inglorious peace lull with some ot the same juice rescrvec.
you personally, as her Executive, 1 acknowledge ! to-day. and to stipulate a peace on condition of f or that purpose until it is done working,
my indebtedness for the prompt, cordial and ef- paying tho expense* of the rebels if they gnaram w J,i c h will be in two or three weeks. Cork
teed us a peace in tye future ? Vliat are Ins . . . , . . , r
views upon some leading points 7 Did Abraham it tightly and keep ill a cold place tor
sition that
abuse his i.
commerce, and that we may be comnelled toas-
sert ottr lights by offensive war. How is it to be
carried on ? Of what is the army to be compo
sed ? It the Government cannot eali on its arms
beaming population otherwise than as milifia, and
if the miiitia can only be called forth to repel in
vasion we should be utterly helpless to vin
dicate our honor or protect our rights. War has
been well styled “the terrible litigation of na
tions ” Have we so formed our Government,
that in this litigation we must never he plaintiff ?
—Surely this cannot have been the intention ol
the framers of our compact.
In no aspect in which I can view this law, can
I find just reason, to distrust the propriety of my
action in approving and signing it; and the ques
tion presented involves consequences, both im
mediate and remote, too mOtr.entous to permit
me to leave your objections unanswered.
the foremost in the discharge of their whole duty, j ..-p 0 prov ;de for organizing, arming and die
ciplining the militia, and for governing such part of
! them as may be employed in the service of the
i Confederate States; reserving to the States respec-
I tively the appointment of officers and the authori-
i ty of training the militia according to the discip-
! line prescribed by Congress.” Bar Iff.
Congress, then, has the power to provide for or-
I am, with great respect
Your obedient servant,
JOSEPH E. BROWN.
His Excellency Jefferson Davis.
Executive Dt.partm-:nr,
Richmond, 29ih May; 1862. j
... ... Dear Sir:—I received your letter of the 8th inst ! ganizihg the arras-bearing’people of the States in
defeated, and that portion of tho Constitution is j in due course, but the importance of the subject i to militia. Each State has the power to officer aud
r.ot only a nullity, but the whole military power of | embraced in it required careful consideration' | train them when organized.
fective co-operation you have afforded me in the
effort to defend our common country against the
common enemy.
I am very respectfully
Your obedient servant,
JEFFERSON DAVIS.
His Excellency Jos. E. Brown.
Governor of Georgia,
• . • Milledgeville.
the States, and the entire control of the militia
with tlip appointment of the officers, is vested in
the Confederate Government, whenever it chooses
to cal) its own action “raising an army,” arid not
“calling forth the ini.itia ” Is it fair to conclude
that tiie States intended that tiiese reserved pow
ers should be defeated in a matter so vital to con-
stitutionsi iiberfy, by a mere change in the use of
terms to designate the act? Congress shall have
and this together with other pressing duties has
caused delay in my reply.
The constitutional question discussed by you
in relation to the Conscription Law had been duly
weighed betore I recommended to Congress the
passage of such a law, it wis fully debated in bo’ii
houses, aud yonr letter has not only been submit
ted to my Cabinet, but a written opinion has been
required front tiie Attorney General. The consti-
power to raise armies. How shall it b“ done? The tutionalty of the law was sustained by very laige
answer is clear. In conformity to the provisions majorities in both houses. This, decision ef the
of the Constitution, which expressly provides, | Congress meets the concurrence not only of my
that wlisn the milit-a of the States arc called forth j own j Augment, bnt of every member of the Cab-
to repel invasion, and employed in the service of | iuel, and a copy cf the opinion of the Attorney
the Confederate States (which is now the case.) i General, herewith entiosed, develops tho reasons
the States shall appoint the officers. If this is j on which his conclusions are based,
done, the army is raised as directed by the Consti- j I propose, however, from my Jiigli respect for
tution, and the reserved rights of the States are j yourseif, and for other eminent eitiz-ns, who eu-
re c pected; but if the officers of the militia, when i tertain opinions similar to years, Jo set forth, some
called forth, are appointed by the President, the | what at length, iny own views on the power of the
army composed ot the militia is not raised as di- j Confederate Government over ittfown armies and
rect< d by the Constitution, and :he reserved rights | the miiitia, and will endeavor nofto leave without
oi the States are disregarded. The fathers of the ; answer any of the positions maintained in your
Republic in 1787 showed the utmost solicitude on | lettir.
this very point. In the discussion in the Convert- The main, if not the only purpose for which in-
tion on the adoption cf this paragraph in the Con- | dependent States form Uni«m
stitution of the United States which we have cop- j is to combine the power of th
ied and adopted without alteration, Mr Ellsworth j in such manner as to form one united force in all
said. “The whole authority over the militia ought j relations with fereigh powers, whether in peace
by no means to be taken away from the States, j or in war. Each State, amply competent to ad-
wliose conapqtie-jce would pine away to nothiug . minister and control its own domestic government
after such a sacrifice of power.” lu explanation | yet too feeble successfully to resist powerful ra
nt the power which the committee, who reported | tions, seeKs safety by uniting with other .States
this paragraph to the Convention, intended by it I in like condition, and by delegating to iwine eom-
to delegate to the General Government, when the I moil agent the combined strength of ali, in order
militia should be employed in the service of that . to secure advantageous commercial relations in
government, Mr. King, a member of the com peace, and to carry on hostilities with effect in
Congress may call forth the militia to execute
Confederate laws. The State has not surren
dered the power to call them iorlh to execute State
laws.
Congi ess may call them forth to repel invasion:
sc. may the States, for it has expressly reserved
this right.
Congress may call them forth to suppress in
surrection; and so may the Slate, for :he power
is impliedly reserved ot governing ad the miiitia
except the part in actual service of the Confeder
acy.
I confess myself at a loss to perceivj in what
manner these careful and well dt lined provisions j id g.: :o e ot
of the Constitution regulating the organization
and government of ti e militia, can be understood ■
as applying in the remotest degree to the armie* I
The Yankee C'angrcu.
Exciting Debate, on the Profligacy and Coemption
of the Lincoln Administration—The. Northern
Press on the. Radical Legislation of Congress.
We get from our late Northern papers a sketch
of a most extraordinary and exciting debate in
the Yankee Congress of the fraud ami profligacy
of tho Lincoln Administration. The discussion
was provoked by some remarks on the financial
condition of the North, when Mr. Voorhees, of In
diana, a bold and fearless thinker, pitched into the
Lincoln Administration, and charged upon it the
most plating fraud and profligacy that ever dis
graced a government. The debate led to the
greatest excitement, and the remarks tired the
the House. The searching ex
pose made Mr. Keliy, of Pennsylvania, feel as
mittec, said. “By OR«.\NIZ1N(1. the committee
meant proportioning the officers and men; by
ARMING, the kind, size and calibre of arms; by
disciplining, prescribing the manuel exercise,
evolutions, &c.”
Mr Gerry objected to the delegation of the pow
er, even with this explanation, and said, “This
power in the United States, as explained, is ma
king the State drill sergeants, lie had as lief let
the citizensof Massachusetts be disarmed, as to
take the command lrom the States, and subject
them to the Genera! Legislature ”
Mr. Madison observed that “arming, as explain- i
ed. did not ex’eml to furnishing arms, lior the !
term disciplining, to penalties and courts mar
tial for enforcing them ”
After the adoption by the Convention of the I
first pait of the clause, Mr. Madison moved to j
amend the next part of it. so as to read “reaerv- |
ing to the States respectively the appointment of
the officers, under the rank of GENERAL OFFI- ;
rr.RS.” Mr. Sherman considered this as absolute- j
lv inadmissible. He said,.that if the people
should be so far asleep as to allow the most in
fluential cflicers of tiie niililia to he appointed by
the General Government, every man of discern
ment would rouse them by sounding the alarm to
them.” Upon Mr. Madison's proposition Mr.
Gerry said ; ‘ Let us *t once destroy the State
Governments, iiave an Executive for life, or hered
itary. and a proper Senate, and then there would
be some consistency in giving full powers to the
General Government; hut as the tates are not to
be abolished, ho wondered at the attempts that
were made to give powers inconsistent with their
existence. He warned the Convention against
pushing the experiment too far.”
Mr. Madison’s amendment tc add to the clause
the words “under rank of general officers,'’ was
voted down by a majority ol eight States against
three, according to tho “Madison Papers,” from
which the above extracts aie taken; and by nine
States against two. according to the printed journ
als of the Convention. The reservation in the
form in which it now stands in the Constitution,
“reserving to the States the appointment of the
officers,” when the miiitia are employed in the
service of the Confederacy, as well the General
officers as those under that grsde, was adopted
unanimously by the Convention.
At the expense of wearying your pa'ienee. I
have been thu« careful in tracing the history of
this clause of the Constitution, to show that it was
the clear understanding of those v. ho originated
this part of the fundamental law, that ti e States
should retain tiu ir power over their miiitia even
while in tiie service of the Confederacy, bv retain
ing the appointment of all the officers
In practice, the Government of the United
States, among other numerous encroachments of
power, had usurped to itself the power, which the
Convention, alter mature deliberation, had ex
pressly denied in it. to-wjt: tiie power of appoint
ing the GENERAL OFFICERS of the militia, when
employed in the service of the General Govern
ment
But even that Government had never attempted
to go to the extent of usurping lbs power to ap
point the field and company officers If the fra
mers of the Constitution were staitled at the idea
of giving the appointment ot the general oflirets
to the General Government, and promj.ily reject-
ed it. how would they have met a preposition to
give the appointment of ALL THE OFFICERS,
down to the low est lieutenant, to it?
Bui you say. “with rpgaid to the mode of offi-
cenug the troops n..w called into the service of
the Confederacy, the intention of Congress is to
Now, the powers delegated by the several State,
to the Con federate Government, which is their com
moil agent, are enumerated in the 8th section of
tiie Constitution, each power being distinct, spe
citio, and enumerated in paragraphs separately
of tiie Confederacy; nor can I conceive how the i
grant of exclusive power to declare and carry on j
war by armies raised and supported by the Con- j
federacy, is lo be restricted or diminished by the ;
clauses which grant a divided power over the mi- ;
litia. On the contrary, the delegation of author.- j
ty over the militia, so far as granted, appears to |
me to be plainly an additional enumerated power, j
or Confederations i intended to strengthen tin* hands of the Confeder- j
several members i a te Government tu the discharge of its paramount j
ditty, the common defence cf the States.
You state, after quoting the 12th, 15th and IGtli j
grants of power to Congress, that, “These grants |
of powc-r all relate to the same subject matter, and j
are all contained in the same section of the Con- I
stitution. and by a well known rule of construe- j
tion, must be taken as a whole and construed to
gether.”
Tills argument appears to me unsound. All
the powers of Congress are enumerated in one
s clioit; and the three paragraphs quoted can no
more control each other, by reason of their loca
tion in the same section, than they can control
any of I he other paragraphs preceding, in
tervening or succeeding. So far as the subject
atter is concerned, I iiave already endeavored
though ho “w as not in the halls of an American
Congress”—as if “he had been translated”—as
if“iie was seated in the halls of the Southern Con
federacy.” It is evident lrom this debate, and
we also give below, that there is a limit even in
the Northern mind in its passive forbearance with
the profligacy and corruption of tho Adininstration
of Abraham Lincoln :
Mr. Vcoritees, (Oopp ) of Indiana, reviewed the
financial policy which has governed the qdminis-
. v una
numbered- I he only exception ts the 1 —tli para- |t 0 ghojv that the armies mentioned in the I2tii
graph, which, by its own terms, is made depen- paragraph are a subject matter as distinct front
dent on these previously enumerated as .lol- t he militia mentioned in the 15ih and Kith, as
lows: they are from the navy mentoned in tho ’13th.
“18. To make ali laws which shall be necessa- ! Nothing can mislead as to construe together and
ry and proper for carrying into execution the forfi- j as one w hole, the carefully separated clauses
going powers,” &c. which define the different powers to be exercised
Now, the war powers granted to the Con- ■ over distinct subjects by the Congress. But you
gress ate conferred in the following para- I t.hxt “by the grant of power to Congress to
raise and support armies without qualification.
‘ ‘ ' ’ nded the
They asked that the gov- , . . . . ... ,
eminent should be administered as Washington is iept tor twelvo months, it Will be still
and Jefferson administered it. That is what the better, and it will continue to improve
party wished to have done, and what they desired with a w e.
to do when they came into power. And shall ° »
those who encouraged the rebeis to strike, and From the Jackson Mississippian.
who have had no condemnation for them to this . . , . . _
day, say that the Republican party is responsible . « no,r to ° la,c reUrc from ,he Co "'
for the costs of this war ? trsl—There i» no reircnlbnt in chniu* ami
Mr. Voorhees again sought the floor. Mlnrer; !”
The Speaker—Does the gentleman yield ? ,
Mr. Kelly—Not except there is some rule of Such were tne thrilling words that burst
honor which gives him the right to the floor—I : from the lips of Patrick Henry in the dark-
d° not. • est hour of the American Revolution. It
Mr. Voorhees—A sense or fairness demands , , - , . , , . , .
j t was the echo winch was sent back to him
Mr. Kelly—The gentleman himself declined to welling up from the great popular heart
yield to a gentleman who simply wanted to cor- which had been stirred to its inmost
reel his figures. It is true the burdens of this depths, and every cord of which thrilled
war will tali heavily upon the labor of the conn- *. ' ,
iry: but how much heavier wiir it fall if we fail to ; under the sped of those other magic
tax the property of the South—if we fail to make words which fell from the same lip.—“Give
the South pay a just proportion of the expenses of me liberty, or give me death.”
the war-if w- fail to listen to the voice of the, Ringing along the corridors of time,
gentleman from Missouri, (Mr. Noell.) wno, yes- , ° ” c c ^ ■ o ,
terday. urged us to pass a confiscation bill to take wherever a votary of freedom is found, it
the property of the rebels in Missouri, and of the j whispers to him in the blandest tones of
rebels of the other States, and appropriate it To ; encouragement that the hour of aeliver-
tho expenses of the war 7 Wliat does tho gentle- i,„ n .l it is hoard in the
from an editorial article trotn the Philadelphia Reg- man (Mr. Voorhees) propose to do ? Whv, not ance 4 ,lt and ' ‘ ,. n ’ U ’ ea n 10
istcr oil tht* radical legislation of Congress, which j one single practical suggestion does his sppeeeb thunder,8 roar, stmtliug tlic tyreint iiom
embody; not one word o"f encouragement to the llis fancied security , and pointing him to
soldiers in the field, or to the soldier’s wife at , the doom which awaits him.
home has ho spoken. And yet how does his | Whatever hopes may have been iiidul-
the rights of rebels and their counsellors ? Look ln the eaihei period of the stiuggle of
at the credit of the country. Let the world say a restoration of the Union upon conces-
tration since it camo iuto power, characterizing I what it thffiks or the honesty and fairness of the sion to the just demands of the South,
it as unsound, unwise and ruinous. The crimi- •*— - J -
n ils Wi ? hare been plundering the treasury hare not
been brought to justice nor has honesty per ended the. States.
Congress assembled to receive his first message. We are shut up inevitable the irre
Then yonr treasury was bankrupt, your paper versable issue of life or death, freedom or
bad been hawked about the streets at twelv per I s j avery . There is 110 retreat. A£itll such
cent, per annum, your'bonds were coming home . * ... , n-
to be sold at any sacrifice from every land where an lssue before him, lie ^TTF^ daffies
people had invested in your credit, your own peo- '■ is a dastard, and Jie who doubts is dam-
pie had confidence, but it became apparent that : ned.”
the Democratic party was dead, with all its dis- . The most fervid imagination cannot ex-
nonesty ot purpose ami its barbarism—dead, sir, I . ,, . 0 . , . ,
beyond all hope of resurrection, and that in its j Rggarate the niomesiltous issues.which are
The Prop*wH tl**nrcby for .Tlcxieo
Interesting I.ctlrr from Urn. Priia.
Gen. Prim, of the Spanish forces in
Mexico, arrived in New York on Saturday
by the Spanish sloop of war Don Antonio
Ulloa, en route for Europe. The occasion
of the return of General Prim will be seen
by the following letter writen Ly- him
showing the designs of the French Emperor
against Mexico.
Orizaba, April 14.
Inflexible destiny is stronger than the
will of man. Could 1 have doubted it
what has just occurred here would have
convinced me.
Theitriplelaliiancejno longer exists The
soldiers of the Emperor remain in this
country to establish a throne for Archduke
Maximilian—what madness !—while the
soldiers of England and Spain withdraw
from the Mexican soil.
You, who are aware of the attachment
[ have for the Emperor, and the truly
fraternal esteem in which I hold the brave
French and all that relates to them, will
readily comprehend the bitterness of my
soul when 1 am obliged to quit the battle
field and to seperate myself from my com
rades, when the finest dreams of my life
was to combat for the same cause as the
French and oil the same ground.
Rut it was impossible for me to remain
without forgetting altogether what I am
and what 1 owe to my Queen and my
country.
The truth after all. is that the Commis
sioners of the Emperor have departed en
tirely from the Convention of London, with
the determination of acting on their own
account only. The proteetionwhichibey
insisied on extending to the Mexican em
igrants, Almonte and the rest, who arrived
at \ era Cruz, avowing that they came
with the fixed plan of destroying the Re
public, in order to create a monarchy in
favor of the Archduke Maximilian. Since
then, in the conference of the 10th, five
days before the negotiation with the Mexi
can Government, M. de Saligny declared
that he would no longer treat with the
Government oi'Juarez.
In the last jiroces verbal all is clearly
expressed, clearly established—in extenso,
as the diplomatists says—and that docu
ment alone will suffice for public opinion
to determine who is right and who is
wrong.
As to myself, (a Spaniard) you will
readily understand that I could not sup
port this radical change of the politicial
system of this country if a prince of the
Austrian monarchy was to he imposed up
on it.
The Allies catne here bound by the
Convention of London, and we could not
depart from it without placing ourselves
in the wrong. I withdraw, then, my
troops, and go to Havana to await the or
ders of my Government.
Yours, See., , Prim.
[ I rom the Paris Patrie, (official or^kn) May 29.]
General Prim, on learning Marshal Sis-
rano’s refusal to place ships of war at her
disposal to convey his troops back to
Havana, chartered a number of merchants
vessels. The enthusiasm of the French
soldiers was extreme. All the reinforce
ments from Martinique, Guadaloupe, and
French, had arrived, with abundant ma
teriel, stores and artillery. The monar
chical party had made Gen. Almonte their
Chief. Five Generals had recognized his
authority, placed themselves and their
troops at his disposal, and declared the
deposition of Juarez. As soon as the
France arrived in the Capital, Gen. Almon
te will be declared Chief of the Provisional
Government of Mexico. A Constituent
assembly, elected by universal suffrage,
freely exercised, will meet at Mexico and
declare the definitive resolution of the
nation. The commercial, manufacturing,
and landed interest, as well as the clergy,
are favorable to the monarchical party,
whose success seems certain. This party,
supported by France, has for its object
the triumph of civilization, order, and
liberty.
S7 AUTHORITY.
graphs:
No. i. gives authority to rai.«e"“revenne nec
essary to pay the debts, provide for the comniou
defence and carry on the government,” &c:
No. 11. “to declare war, grant letters of marqne
and reprisal. ar,d make rules concerning captures
on iand and water.”
No. 13. “to provide and maintain a na-
No 14, “to make rules for the government and
regulation of the land and naval forces.”
It is impossible lo imagine a more broad, ample
and unqualified delegation of the whole power of \ , ,
each State, than is litre contained, with the sol
itary limitation of the appropriations to two years
eh part men ts. History will, on tins subject, cause
| every lover of his country to bow his head, while
I his cheek burns with shame, because of the ex-
: travagance and shamelessness of expenditures.
By means of mismanagement and fraud the pub-
\ lie debt a year hence will be one sixth of the entire.
j in tilth of the country. Now the proportion to every
, voter is two hundred dollars ; twelve months
from this time it will be lour hundred. Where
was the evidence that any other people had been
so burdened within sashort a time. He might bo
met with the familiar cry that these vast expendi
tures are necessary to carty on the war. To this
j he interposed an explicit denial, come from what
ever quarter it might. The Mexican war, though
i carried on in a distant country, cost for every man
| le-s than one-fourth what was now expended;
I but fraud aud crime had swollen the enormous
j burden on patriotic and honest people. Tiffs he
I stood ready to prove. He alluded to the results of
; the investigating committees to support iiis argu
ment. In conclusion, he expressed the hope and
the .ranters of tl.: Constitution intended lne j predicted that the people would risejn their nffo’ht
id not ar- c ....... .
of the Confederacy, a
Inf the wh.de miiiiia
of ail
the j aI,, l send hither representatives who will be gov
erned by the teachings of tiie Bible and the Con-
| stitution, and that the Union will be re-estab-
j fished ou the principles of justice and Christian-
regular armie
mies compose
States.”
I must confess mvsclf somewhat at a loss to un
derstand this position. If I ?un riqdit that the mi
litia is a body of enrolled State soldiers, it. is not
possible, in the nature of things, that armies rai
sed by tbe Confederacy can “be composed of the
whole ini litia of all tho States.”—The militia may _
be t ailed forth, in whole or in part, into the Con- j the whole country for tiieir peculations
rate service, but do not thereby become part, frauds upon the treasury. The President,
of the “Armies raised” by Congress. They remain
militia, and go home w hen the emergency
administration. A little more than a year ago those hopes are now as shadowv as the
On the 4th dav of July last the American • baseless fabric of a midnight vision.
Jri the course of his remarks, Mr. Voorhees in
vemhed bitterly against tho corruptness of the ad
min;.4lralioii, and ils countenance of those who
stead honesty of purpose, w isdom and patriotism, j in the conflict. Every material interest
had taken possession of the reins of power. What every cherished hope, every aspiratiou
was the substance or object of the gentleman's f„ r freedom cverv object of affection should
8j;eccn? Whs it an invective against th? cor- | , - '
ruption of the government ? Was it a speech up- ! animate our hearts, and nerve our arms in
on the tarift, or emancipation ? or was it, after all, ! such a struggle. Every motive is pres-
but mere election clap-trap ? It could not be dis- ; ent from the loftiest and purest patriotism
covered from it that we are engaged mawar- : t „ meanest an d most Sordid selfishness,
that we do live in times of which the late Mr. i 4 „ . A , ... A
Douglas spoke as follows: “Therecan be no ueu- that oui sues nave left us, and that
trals* in this war, there can be only patriots or j posteri'y expects from us—all that time
traitors.” It is not a party question, nor a ques- j bequeathes of free, and history of sublime, ”
tion involving partisan politics; it is a question ; j us a nd with one voice proclaim
ot government or no government, country or no . 1 ,, . . . . , • , r .
country. What is the 'gentleman from Indiana j th at there is “no retreat bnt in chains or
for, government or no government, for country or j slavery!” With such ail alternative before
no country ? Indeed, tho last is easily answered, for ns, who would not rather be where “the
if we were to declare a ueaco today, upon such : exti is , ied Spartans st iH are free, in
«vft would | - - ° - - r - - —
, . . , - . j ; iv uuny to Congress tht* r
and naval forces; but they went further; and cov- , ^ a ^ re , civ , llis v0 ;unta.y offer of
et,anted by the od paragraph ol t ie UHL section, j service bt . ( . a ; )Re !leisa men ,bcrof tho State mill-
tion, not “to engage in war, unl«a actually in- ; f . |a , 0 d „ I0 r t0 rsie( . army at all.
vaded, or in such imounent danger es will not ad- , for prao , !ca |]^ ;>n ' mcn fit lor service in the army
imt of delay. . . ! may be embraced in the militia organization of the
I know of bnt two modes of ra.sh.g arrn.es j , e / erR i StatM . You seem, however, to suggest,
within the Confederate , tales, mZ. vo.uutary en- j rRt!ierl j )Rn directlv to assert, that the Conscript
listment a id draft or conscription. .1 perceive, S L)IW may i, e unconstitutional, because itcompre-
inthedelegat.onofpowertoraisearm.es, ™ tea- ! , 5 |en between H Rn( ) 35
triclion as to the mode otpiocunng troops I see at lea , t ( , li3 U ' all inference which I draw
nothing which coniines Congress to one class of f, 0B) exprP1 , sion “armies composed of the
men, nor any greater power to receive volunteers ; w a l| l Le States.” Bnt it is obvious,
than conscripts into its service. I see no limita- j ^ ifc ”,‘, pp( , g j, RVfl powe r to draft into the ar-
i inii s raised by it any citizens at, all (without re
I see no limita
tion by which enlistments are to be received of
individuals only, but not of companies, of battal-
lions, or squadrons, or regiments. I find limita
tion of time of service, but only of deration ot
appropriation. I discover nothing to confine
Congress to waging, war within the limits of the
Confederacy, nor to prohibit offensive war. In a
word, when Congress desires to raise an army,
and passes a law, for ibat purpose, tbe solitmy
question is under the lfilii paragraph, viz: “Is the
law one that is necessary and pioper to execute
tiie power to raise e.rnnes?”
<>n this point you say. “But did the necessity
exist, in this case? The Conscription Act cannot
aid the Government inincreasiug iisettpply of arms
or proviso ns, bnt esn only enable ft to cn11 a latge
number of men into the field. 'I lie difficulty baa
never been to get mefa: Tho States have already
furnished Ilse Government more than it can ami,’
&c. .
I won Id have very little difficulty in establish
ing to your entire satisfaction that tin'passage ot
the law was not only necessary, lint that it was
absolutely indispensable; that numerous regi-
ments of twelve months ta-jn were on the eve c
being disband, d, whose places could not be snp-
p itd by raw 1 vies in the face of superior num
bers c f tbe foe, with out entailing the most dis
astrous results: that the position of our armies was
so critical ns to till the boc.nis of every patriot
with the liveliest apprehension; and that the pro-
gard to the fact whether they are or net members
of militia oiganizations.) the power must be cn-ex-
tensive with the exigencies of the occasion, or it
incomes illusory: and the extent of the exigency
must be determined by Congress; for tbe Consti-
stmion Las if fr rite power without any other check
or.restiicfj.m than tiie Executive veto. I ndei or
dinary cat umstr.nees. riie power thus delegated
to Congress is scarcely felt by the States.^ At ‘be
present moment when our very existence is toreat-
et.fd, by armies vastly superior in numbers to
outs, tbe necessity for defence has induced a call,
not “lor the whole militia of all the States,” not
for any tr.ilit.ia, but for men to compose aimies for
the Confederate States
Surely, there is no injstery on this subject
During cur whole past history, as well as during
bur recent one year’s experience as a new Con-
feueraey, the militia “have been called forth to re
pel invasion" in numerous, instances; and they
never rame otherwise (Lao as bodies organized bv
the Stales, with their company, field and general
f i officers-, and when the emergency had passed, they
went home again.
I cannot reu-eivn how r.r.y one can interpret
the Conscription Law as taking away from the
Suites the power to appoint officers to their mili
tia You observe on this point in your letter, that
unless your construction is adopted, “the very
terms as the gentleman indlcot-., „ c , . . - . . . „ , „
have no country and no government or parry for t lioil' proud charnel of I herniopy lae,
us. We must be on one side nr the other now. than acknowledge allegiance to the vul-
bad been censured by Congress and condemned I There must be victory for the rebels or victory for tr a r despot who seeks to enslave us?
nd the govenment. We have come to the final issue ! tc nr.*- *„ i. i io
ho ofarms', and the great question can only besettled | . ‘ J ‘ , . . 1 0 1 I 11 * "
by one side or tbe other having their necks J tectlOll Ii'Otn “the kind and paternal gov-
brougbt under the heels of tho other. The gen- i eminent,’ which the invaders of our soil
tlenian tolls ns lie does not want to see the necks are Striving to force upon us—not “to tmb-
of the rebels brought under onr^sels. I tell
•aid, bail sent 8imon Cameron to represent the
United States at the Court of .St. Petersburg, with
a vote of censure ofthe House of Representatives
upon him. He had continued in office tho Secre
tary of the Navy, charged also with dealing in
contracts inimical to the interests of the govern
ment: and he (the President) had re-appointed
General Fremont to an important command ofthe
army, in the face of the most shameful frauds per
mitted by him while in command of the Depart
ment af tho West.
Mr. Morrill, (Ii^p.)of Vermont expressed his
surprise at the gentleman’s extraordinary speech.
The geatleman said at the end of another year tho
national debt will be two thousand millions of dol- f Tty . , w (r< „ Urs - ,
lars, and the interest over one hundred millions, j ^ ortI i n of the insurrectionary States subineated
to say nothing ol the attacks on the udmiuistra J 1 K cu
tion, which is doing all It can to pot down tbe re
bellion inaugurated by the gentleman’s own party
He would remind tiie gentleman that our armies
are in part commanded by Democratic generals,
and. if there is any extravagance or responsibility,
they must take tiieir due share. The otlice of
Secretary of War is filled, too, by a Democrat —
The charges come with au illgrace from the gen
tiemau. When the facts shall be investigated, he
le rebels brought under onrfceels. 1 tell j u{?ate an( J destroy, but to uphold and pro
him, sir, that the country will not allow their P .,, , . ,, , . r , . \
necks to-be brought under tho heels of rebels; j tect -—let ar. such cointcmplate the tjr-
thnrei'ore, "the tight must be fought to the bitter I anny inaugurated at Nashville and New
end, and, if needs be, a subjugated people will | Orleans, and ns they behold the bravest
be ruled by that people whose Constitution is the and tI , e be8t of their countryrae „ loaded
law of tbe land they occupy. i .j , . , . , . i ,
,, T ’ .. , „ - , , . , wiai chains and consigned to hopeless cap-
Mr. Lansing, (Hep.) of New Fork, advocated ; .. .. , , .. . , P , 1 , r
the passage ofthe confiscation bill. He held that : them take fresh courage and re
the shirrs of reheles should he. emancipated, as a 1 new their VOWS to conquer or die.
means of prosecirting the tear. They should he ship. I ■—i
Stfwnrt’« Urillinnt Rrconnoianncr.
to the dominion of the Federal authority ; and not I Richmond, 15th.— 1 he torce with which
only should the career of the Vandals, rubbers, Gen. Stewart accomplished liis brilliant
and criminals bo stopped, bnt measures taken ! reconnoissanee, consisted of the First and
against a recurrence of insurrection. | Ninth Virginia Cavalry, Jeff Davis’Le-
Mr. Mallory* (Union) of Kentucky, believed, at • 1 r< i u * * t ~ . i
the present juncture of public affairs, that it , g'>°n Gavaliy, I om Cobb s Legion,^ and
would be inexpedient to adopt any act of conllsca- ! three pieces ot Artillery, (Stewart s.)—
tion or foifeitnre of the estates of rebels engaged The expedition left Taylorsville ou Friday
and unprovoked rebellion, with • morning ; routed a squadron of Yankee
in this wicked
Acts nnd fSrftofntioiift of the Congrrn* of
Hit** t:onfederate State* of America Panned
at the First SctNiou under the Permanent
ConMi tution.
fllr. Morrill) would be as willing as the gentle- w ,lioh - it was known, lie had no sympathy. In ( ? - t Old Clmrcli ; captured and
ua.i to visit the delinquents with just punishment, iho course of bis remarks ho said the scoundrels i ca 1 ■’ - ° ’ 1 -
and hang them on gibbets for execration in all
time to come. He thought there would be found
as many of them in the Democratic as in any oth
er party. In relation to the expenditures, he
would merely say, the entire amount of tho ■ap
propriations, for iiie year ending 18(52 is if589,000.-
i 0, and for that ending 18b'J $554,000,000, so if
the war continues iheu till the end of another year
the expenditure will not exceed $E 130,000,000.
The preser.l debt, including tlic old, is a little over
ifCifll,000,Olid. The inierest, even ovi r six per
turn, would not be more than §40,000 (101).— j
Admitting that the war will continue another year,
the .tiicrest would not he $75,000,000 per aiiuuin
There was hupp,'however, that'tho war will bo
cl os d long before 18(53. If so, of cotnse, our ex
penditures wifi be largely diminished. With re
gard to the ability of our people to support an
enormous load of taxation, ho stated that those ot
England were taxed to the amount of one-fourth
of their annual income. We could support four
nd traitors, both Norihaud South, had discover- ! burnt three I 1 ederal transports at 1 utney
Mills on tho Pamunkey River, loaded
with commissary and ordnance stores ,
from thence they proceeded to Tnnstall’s
on the York River Rail Road aud captured
a number of Yankees ; fired into and rid
dled a train; engineer killed, and fell off af
ter puffing on a full head of steam—the
traiu dashed on towards the Pamunkey riv
er near Taylorsville ; captured and burnt
one hundred wagonsloaded with commissa
ry stoies, and returned to Richmond this
morning, bringing ICO prisoners and 300
mules and horses.
ed that agitation ofthe slavery question was one
of the most efficient w eapons for the destruction of
this government, and accordingly availed them
selves of it. He solemnly declared that tho con
dition of slavery is the very hest in which the Af-
rican race can be placed, and had no toleration for
that species of conduct which would turn the ne
groes free, but yet exclude them front the free
Slates The Lord deliver him from such benev
olence—making the slaves outcasts.
Mr. Bingham, ('Republican) of Ohio, replied
flint a majority’ of the States do not exclude
them.
Mr. Mallory enquired whether the gentlemen
would throw open tlic doors of tlie great nnd no-
bl(s State of Otdu to three millions of freed ne
groes.
Mr Bingham—The doors are open now.
„. D These hard times will learn .housekeepers les-
Mr. Wickliffe, (Union) of Kentucky—When did sons of economy that wt. usetul to theta as long
you repeal the law which prohibited it? as they live.
(No. 45.J
AN ACT for the relief of Mrs. Caroline Miller and
her children.
Whereas, Mrs. Caroline Miller, wife of Janus H.
Miller a soldier now in the Confederate Anny, is
m very indigent circumstances, aud whereas
her brother one John A. Bridgeland. a resident of
tl.e State of Indiana, in the month of September,
in the year of our Lord, one thousand eight hun
dred and-fifty-seven, purchased a house and lot in
the town of Salem, in the county of Roanoke, in
the State of Viginia, known in "the Plan of said
town as Lot No 81, declaring at the time of re
ceiving a deed for the same in his own name,
that he was buying the said property for the use
and benefit of the said Caroline Miller and he
children; and whereas proceedings are now pend
ing in the District Court of the Confederate Stat<J.
in and for the Western District of Virginia; to
subject the said house and lot to sequestration by
virtue of the act of the Provisional Congre® of
the said Confederate States, entitled “an tot for
the Sequestration of the estates, property rod ef
fects of alien enemies, and for the idetroiLV of
citizens of the Confederate States, and persons
aiding the same in the existing war with the Uni
ted States,” approved August the 3lUi, 18(51 —
Therefore,
Section 1 Tho Congress of the Confederate
Stntea America do enact. That whenever ajudgment
or decree of sequestration shall be rendered in the
District Court for the Western Diitrict of Viginia,
subjecting the above described house and lot. of
the said John A. Bridgeland to sequestration,
it shail be the duty of the Receiver of the District
in which said property is situated, instead of sel
ling the same, to convey it to such persons as shall
be designated by the said Court, to be held in
trust for the sole and separate use and benefit of
tl.o said Caraline Miller during her life, and, after
her tko oL.IJron nnd their heirs, SO as
uai >» Ifn liable to the debts or contracts of her
hitsband James H. Miller, which said convey
ance shall have the effect of passing to the said
trustee, for the use aforesaid, the title of the said
John A. Bridgeland.
Sec. 2. Be it further enacted, That the said
Caroline Miller is hereby discharged from all lia
bilities, under the Sequestration Act, tor the rents
auo pfc?its_of tho house and lot, now due. or
Hereafter ••uWrtfng'jnd that she shall be permitted
to remain in the use and occupation ofthe same
until tiie conveyance shall be raado for her benefit,
according to the provisions or this act, any order,
judgment or decree of the said District Court of
tho contrary notwithstanding.
Sec. 3, Be it further enacted, That this act
shall be in force from and after its ratification.
—Approved, April 17, 1862.
*——rnmm+mm— i
A Splurging Definition of' “Splurge.”—•
Tiie Rev. Dr. Cox lias given the following,
which, it strikes its well defines the te m
by illustration : “The’ word ‘splurgeEs a
coinage probably not yet. in any dir ion-
ary, yet meaning is if a great rock «f (ho
mountain, disintegrated front its s>ronfiG
should rush and bonnd, portentots and
avalanched, into a sylvan lake atJts foot,
there making an uproarious splasL boring
its 'rrrementons wry through tie parted
and the frightened waves, andrfter dash
ing the spray in all direction, burying
itself in forgotten repose, und*' congenial
mud at the bottom; so, gone ffdver from
sight, from thought, from up|J air. and all
the ways of men ; thus moping the low
aim of making a considerate sensation at
least once insociety.