Newspaper Page Text
A BIG SCARE.
The Sl.enanlioali Vatley cos-respondent
of the New York Times, in liis letter da
ted Harrisonburg, 7th inst, describes the
pursuit of Jackson and the attack upon
the rear guard of bis army near Harrison
burg. The following extracts will be
found particularly interesting:
A scout came in and reported that out
two miles were forty or fifty Rebel cavalry
andafew infantry, that the horses aud
men were too tired to cither run or fight
and could be easily captured. “We’ll
have a little fun, then; would you like to
see it?” said the Colonel (Wyndham) turn
ing to me. Tbe next minute the bugle
sounded “to lioise.” * * *
Colonel ordered Capt. Sliellmire’s compa
ny to the front not as skirmishers, but as
the advance, for such did he rely on the
thorough scouting it was supposed' the
woods bad undergone that he neglected
this custome.iy piecaution. On rode the
column, with sabre at shoulder and car
bine ie:idy. Very soon a few scattering
shots could be beard in front, and as it was
necessary to know what was going on. J
gallop* '! up. An orderly came thunder
ing pa-t. “What is the matter?” “There’s
trouble ahead, aid I’m going for reinforce
ments.” Not dieaming from the scatter
ing nature of the tire that there was any
immediate danger, 1 was jogging leisurely
along m the centre of tbe cavalcade, when
the head corne charging down upon us
‘•hall back” Ashby’s cavalry and Jack-
son’s whole army are coming.” It was
scarcely a time for remonstrance, when
the chances were that if one escaped the
pursuing foe he’d be ridden down by his
retreating friends, and I drew my mare to
a sort ol side path in the woods and be
gan to pick my way back as best I could.
1 am sorry to say it, but “such an utter
scene <»f rout and demoralization as then
ensued I never before witnessed.” I can
now imagine what Bull Run was. Our
long cavalcade, those in the rear and even
in the centre, utterly ignorant of wliat
the exact danger was that threatened, gal
loping wildly as for their lives, and hur
ling in their precipitate flight sabres, car
bines, blankets, and every thing else to tbe
earth that fc>uid possibly add an ounce
to their weight —Through the woods they
tore, and out to an open space; where a hill
offered its broad brow to reform upon.
“Halt here men for the love of the moth
ers, that bore if not for your own man
hood’s sake!” But no officers galloped af
termen, shouting “Halt! halt!” but savage
ly spurring their own steeds, and on dash
es the chaotic mass of horsemen, as though
the arch fiend war was after them. And it is
only forty or fifty of Ashby’s cavalry, af
ter all! for here they halt on the crest of
this rough, rocky hill, discharging their
carbines and revolvers at 4fce hack of us
retreating stragglers; as our horses go sli
ding- dr»wn. A few of our men halt on the
position from from whence they started,
hut the majority go plunging into town,
shouting:---Our regiment is all captured
and cut to pieces and we’re the only ones
left.” And a preci-.us set of cowards you
are cavalry gentlemen, if your own story
be true, to have bought your worthless
existence by sacrificing the lives of our
comrades and the honor of the flag,
hear
The I,inea on Jamn Island.
A Flag of Truce—The Enemy Firing at
Fort Pem7'crton,Szc.
On the authority of several of the “relia
ble gentlemen” from James Island, the
following current. statement, much to our
annoyance, crept into yesterday’s Mercury:
“The enemy has been busy for two days
past in throwing up an earthwork about two
hundred years in advance of his pievious
position, and only about six hundred yards
from our battery-, which was the scene of
the bloody fight on Monday morning”—
The statement is absurd on its face, for at
that distance our battery could dismount
all the guns in the other in lialf an hour.—
It is to he regretted that such injuriou
assertions should he circulated. We can |
say ofoiir own knowledge that there is no
truth in the statement. The enemy have
erected no new battery-. The nearest and
only one to he seen with a glass isvarions-
lj- estimated from 1600 to 2300 vanls
from L.:-nar’s battery. This work was
begun two weeks ago. Since the fight
of ilie 16th, our pickets have advanced.—
Those of the enemy have fallen hack.
On Wednesday, under a flag of truce, a
written communicaiiou was brought to the
lines of our pickets, from Gun. Stevens,
commanding the U. S. forces on James
Island addiessed to the Confederate com
mander. Its purport was to arrange
about an exchange of prisoners, to get per
mission to send chit lies, letteis and mouey
to the prisoners and wounded in our posses- I
sioti,-aud to inquire about their number,
names and condition, and concerning the j
dead. Inquiiy was specially made about j
seven officers missing. The comrnunica j
tion was polite in tone, and stated that the
few Confederate prisoners and wounded
were well cared for. On Thursday the
Confederate commanding officer replied
granting permission to make such ex
changes, although at piese.nt the enemy
get the chief benefit of the arrangement.—
Friday, 11A o’clock, was appointed to ex
change articles and letteis, and Capt
King, of General Smith’s stall, in full dress
hut without aims, met Capt. Luck, under
a fiag of truce, and received articles of
clothing some letters, and $85 in gold for
the prisom rs, transferring some in trust for
our own men. Among others was a letter
from the gallant Captain Williams, of the
Forty seventh Georgia, to Iris wife. He
was mortally wounded, and died in the en
emy’s hands.
Before these arrangements were comple
ted, contrary to usage, one of the enemy’s
gunboats, far up the Stono. fired eight or
ten shots at one of our batteries, for whicha
note of apology, addressefl to Capt. Luck,
was immediately sent by Gen. Wright,
commanding one of the biigadesof the Nor
thern forces on James Island, to Gen
Smith, through Capt. King. It. stated
that the firing was probably done through
ignorance of tbe officer, expressed regret,
and contained an offer to make any proper ■,
reparation that might he desired lor the
apparent breach of good faith.
Our troops arc in fine spit its, and will i
fight like tigers. Preparations, in addition |
to those already made, arc progressing — ]
As time is everything in military matters,
we urge upon all our people the importance
• if a full and immediate supply of negro
labor. It cannot he better spent than in
this cause, and at this juncture.
Charleston Mercury 21 st.
[From the London Time*; May— - ]
The lirnrnnliouvl' Vurhuirn—the Fnbimi
Policy of the Month.
To a military mind ihe evacuation of Yorktown
will prohabiy cause no very gieat astonishment.
So long as the » bolesomo terror imposed by the
Merriuiac continued, Ycsktown was a good strat
egic position. Directly, however, it began to bi
suspected the ileiriiuac was nut likely to repeat
the acbievment at Hampton Roads, there was a
strong possibility of a fleet of ships of war an*:
trauspmts running by the liver forls on the York
river ano the James, river and landing an army
in the rear of the Confederate lines,- thus cutting
them otf from Richmond, and putting them be
tween two fries. Napoleon might possibly have
been g ad of an opportunity to auuiluiate, in two
blows, a thus divided enemy; but it is not in accor
dance with what we know of Confederate tactics
to seek any such dangerous opportunities. The
Fabian policy has hitherto been the policy ot the
8outh.
they have from the first been hoping that some
thing^ might turnup. Originally they believed
ihat Europe would coine in a mass and rescue
Kinu Cotton. Disappointed in that, they wire
convinced that the North would be divided, aud
ihen that the funds would fail. Now they are
probably living partly upon the remnants of all
these broken hopes, and partly upon the anticipa
tions that the heats of summer will melt away ilie
■'osis th,y cannot vauquisli De.ay they think to
he» qua! to victory, and to some extent they are
doubtless rig lit. But it is a policy which may be car
ried too tar, and, bit by bit, they may give up so
much that they may at last have nothing
very much worth fighting for. The danger of be
ing surrounded would, however, appear lo be a
sufficient strategic reason for i heir last achievement
in abandoning their Yoiktown lines.
Now; the capture of Richmond would be a tre
mendous victory to tiie Federals. The number
less aims of the great invasion are stretched out
over the whole fi nd The Mississippi may be for
< - f d throughout its entire length and wherever
-hips of war can float no Confederate force can
show itself in salety War lias been carried on upon
a scale never before bean] of. at least never before
thought possible and upon principles which, to so
her Europe, were thought the wildest delusions.
From the Richmond Dispatch.
The Rant llaf of Orn, Ashby,
It was a busy one. Scarcely had he ordered
his baggage traiu to proceed before tbe enemy
opened fire upon his camp. With but two com
panies of iiis old cavalry he prepared to meet them;
seeing this they immediately withdrew. Tbe com
mand was then moved slowly through Harrison
burg, and down up three hundred yards from the
opposite end. Soon a regiment ot “blue coats’’
came charging through town, around the bend,
ii full sight ot Ashby’s men, who stood upon
heir tiaiued chargers as if fixed to the grouud.
When within a very short distance, they com
menced to slacken their speeonly giving us
:itne to tender the salute due them. Soon ilieir
ranks were broken and in confusion they fled
ihrough the streets.
Never before had I heard our noble General nt
ter such a shout. It was uot one caused by vic
tory over a brave foe after a hard contested fight,
but only seemed designed to shame an ignoroin-
ous baud for running before they were hurt. We
bad begun to entertain a high opinion of this
body ot cavalry. Upon one instance it flanked
and charged upon a battery, which was left with
out a support—a most daring feat for them [Hert
Gen. Ashby stood by the guns, fired every load
•ruin bis three pistols, and brought everything
away safely ] . Soon we were moving along the
road to Port Republic, the enemy pressing closely
Ashby’s eagle eye was upon them, as if watching
tor an excuse to give them battle. Ail excuse,
and even the necessity for a fight, soon became
evident. The road was very bad, the traiu mov
ed slowly, and tilts main body of tbe enemy's cav
airy was only a mile from its rear. They gave us
no time to prepare to meet them.
Ashby had but begun to form his men, before
three regiments, with conns flying and music rare-
emerged from a woods three fouiths of a mile
distant. Bearing to our right, tiiey charged, pre
sentmg a beautiful s ght. Ashby could coutain
himself no longer. Gently drawing his sabre,
and waving it around his head, his clear, sound
ing voice rang out his only command—“Follow
me.’ 'ihe dash was 6imultautous. Fences
were clo<red, which at any other time would have
keen thought impossible. As they lieatd the
strange whiz of the sabre a-ound their herds they
broke and ran 'l ire work of slaughter had com
■ he soldier who lived upon his pay, and spent j menced. At every step Ashby followed closely
half a crown nut of sixpence a day, at leasi had i by his men, cut them down, or sent them to the
his sixpence. But here is America, turned soldier, I rear. For two miles and a half the chase contin
-pending on built sides a million and a half ster- : ued, and scene became mere bloody Never before
• Inga day npon an income of nothing a day, and , did our General or His men use their sabres to
eoiug on joyously, with no lack of credit. \\e j such an extent. None but those who have wit
did not expect tiiis in Europe People at a dis- j uessed a similar can imagine the spectacle. En
irt our own, are things which people, not in the render heard,
vortex, look upon with w onder and amazement i The scattered fragments of the three regiments
end are astounded that they endure so long as j hid themselves behind their column of infantry
■hey do - . ... ; three miles beyond the point of attack; aud the
'.’re is this great bubble of American finance ; pursuit ended not until this infantry opened fire
swelling and sw,. ||,n p before one’s eyes, and we | Here Astiliy <l,„w ,, p bis men and remained'be
all think it must burst to-morrow. Yet itgoes on; neath til- ir fire, atm waited fur reinforcements
this gigantic bubble may, therefore la.-t for some from Jackson In this fight Major Green, of the
yet long enough perhaps to take Richmond : 6th Virginia cavalry, was slightly wounded Also
and drive the Confederates back to some o'her i another, name unknown. We took forty-four
Strategic point, and even to follow them up there prisoners—among them the Colonel commanding
and disperse them. It is not the less real for the the brigade of cavalry. The infantry having ar-
raoment, because we know this fabric of fairy j lived, Gens Ashby, Ewell and Stewart, (of Mary-
credit to he shortlived. All the millions and hun- land) led them to the fight. Here Ashby’s gal-
dreds of millions which we see flying about are j lantry - could not have been excelled. Having led
like the sparks that fly upwards from a boquet of ; the first Maryland regiment in a charge, * which
fireworks: but amid all this evanescent glory, what sent tiie enemy flying front that quarter, he sought
is real is that Mr. Lincoln is discovered in the blaze j the 58th Virginia, and, still between the two fires,
leisurely, but. resnlu'eiy. eating his artichoke. j he ordered the charge His horse fell dead; lie
But when he has sucked the last leaf, and lias rose, beckoned to the men, and whilst in tbe, very
even daintily prepared and swallowed the core;
there is yet another operation—he will have to
digest it When nil military organization in the
South lias been dislocated, and all social aud com
mercial organization is also broken down; when
Richmond is subdued and Nctfolk is taken: when
act, a bail entered low in his left side, caine out
near the right breast, and shattered lus right wrist
He fell—he died Not even a groan or a sigh was
uttered by the dying hero. He was brave whilst
ling, but braver in dying. The men were not dis-
| courged, but. pressed on. and soon the victory was
Savannah has a Northern garrison, and New Or- ours. Night closed the fighting. The nohle Ash
leans is being vigorously galvnniz'd into commer- bv fell between six and seven in the evening-—
cial action, when Beauregard is a name otthe pa-t I The nows went like a flash through our lines.—
and Jefferson Davis has been so dealt’with that ; Every heart was wounded. The aged, theyonng.
Notthern statemen lose their interest in the eaves | and the hard-hearted, wept. Nature made deeper
droppings of bis coachman—when all these things j. the gloom; and soon the darkness of the night
have happened, then will begin the terrible niffi.t- made Hill darker the regions of the mind. He
mare caused by npcessary process of attempting now sleeps in the University Burying Grounds,
to digest that delicious artichoke Some of the , near Charlottesville. CHAIN-SHOT.
Northern statesmen already profess to their friends
that this thought of what must be done with the
South when it has been conquered, hauuts them
in their dreams.
l, " s . a,re * d >; bPen proposed at Wash- | We cli the followillff i nter esting information
in erf on to cut this not by ruling: the conquered ! r . L , t r
States as Territories, by Governors appointed by : fronl the charlestotl Courier of yesterday. The
the President, and approved by tbi Senate, as in ! friends of Mr. Ward will rejoice to hear of his
the c 8e of foreign appointments it is seven mil- safe arrival on his native shores :
lions of the Angel-Saxon race whom it is propos | ., Tho j !ritish s ,ean.ship Memphis, Captain
ed thus tortile. \\ hat will be numbers and the j Crniks | im ,k, from Liverpool via Nassau, (N P )
cost of the military and naval forces necessary to j arrived here yesterday. She has on board a most
i? 1 . 1 7 ^Tr 1H W .!* at *, s meant r p st°n ,i $: tne | valuablecarpo of British goo !s, being precisely
l mot.? II so. then the capture of New Orleans , snch Jls we stand m , )St in Heed of at present. The
at.d the occupation of Yorktown may b; steps to M( . n)p i, is lia( ] , he misfimuje, while coming into
th it long wished for end. But if Mr. Lincoln pro- j t 0I1 Monday, to get ashore on the beach of
fiV ill rtiur.! r n rot tn twill t.i t , I • ' . _ _ . . , . . -
A British Steamer at Charleston.—Arrival
of Hon. John G. Ward.
poses to himself Cist to pull to pieces am! cut out
the sweetness of bis artichoke, and then put it to
gether again with it-leaves all crisp and green,
the more of those leaves he pulls off tbe further he.
seems to us to be from any chance of ever com
passing His original object.
•Sullivan’s Island, where she retrained several
hours, but was finally towed off bj the steamers
Marion and Etiwan. When she first gorwgrouud
she was approached by one of the blockaders
which fired a number of shells, most of w hich
struck on Sullivan’s Island, bnt none of them hit
the ship The Yankee gunboat was finally driven
oil by a rifled gun on Fort Beaurega d, which dis
charged but one shot at her when she retired
The Memphis is anew iron ship, on her first voy
age, and was built at Dumbarton on the Clyde, is
a m> st sightly vessel, of good speed, about 860
Ions register, but capable of carrying the cargo of
. . many a vessel of 1200 tons. She made tbe pas
trussing, was not less than 20.000--JterI)aps i sage from L verpool to Nassau in sixteen and a
more. The New Yotk Tribune's corres- : liaif days, and was boarded off Abaco by the Yan-
ponclent savsit cannot be less titan 10,000. ' ^ ee steamer Quaker City. I be Yankee cruisers
*vi • . e .id / , tel keep up quite a sharp blockade off Nassau, and
1 l.ts comes front tbe Surgeon General of bo J d ?J Tly bound in or going out
the army, in the »ace ef McClellan’s lying | “‘Mr. Ward, late Minister to Ciiiua, and Major
despatch putting down the casulties at i Bateman, came passengers in tbe Memphis.”
Mis 11 Increasing.
If the truth is ever known, and it is now
fast leaking out. it will be ascertained that
the loss of the enemy at the recent battles
of “Seven Fines,” in killed, wounded and
less than half that number. A lady recent
ly arrived from Washington says all ac
counts there concur in making the losses
27,000 ; but the proof of the terrible loss
after all, is best found in the fact, that
even with their vast resources, the Yankees
have been unable to find sufficient hospital
accomodations. New York, Boston, New
Haven, Philadelphia, Baltimore, Alexan
dria. Georgetown, Piney Point, at the
mouth of the Potomac, the Navy hospital
at Portsmouth, Fortress Monroe, and buil
dings on the Pamuttkey and York rivers
are crowded. But in addition to these, it
has been seen in the Northern news which
\vc published in the Express of yesterday
from the New York Tribune, that Lincoln
lias seized four of the largest and most cost- | vived Itim 11 is beautiful and opulent widow,
ly churches hi Washington ; three Episeo j M,lltha Daudridge Custis. subsequently married
palian and one PiesHYterian, and conver- i
[SanriniKih Republican, 25tit.
From the Augusta Constitutionalist.
“The While House.”
Mr. Editor: White House the residence of
Mrs. Gen. Rob’t Lee and her daughters, within
the lines of the enemy, has been the subject of
cutiosiry and enquiry. The newspaper report
has been that before the arrival of McClellan near
Richmond, Mrs Lee and her daughters had re ir-
ed trutn that city to the house ot friends, residing
on the Pamuttkey, It is proper that the distant
public should know that tho White House, in
the county of Kent, is the :;ncest r al mansion of
the Custis, of Arlington ; aud that Mrs. Lee has
probably been residing there since she was driven
from Arlington Heights
The great-grandfather of Mrs Gen. Robert Lee
was Col. Daniel I’arke Custis of .he White House,
county ot New Kent, iu the State of Virginia
In 1749, he married Martha Daudridge, who sur-
t Flout at $14.25—The flour recently
seized by General Mercer while in transitu
from Savannah to Macon, is to he sold to
families at $14.25 per bar-el. The object
is to put a stop to metcile&s speculation in
hread-sttiffs, and put dow n monopoly and
extortion.
ted them into hospitals. We know Lin
coin to be mean enough to do anything,
hut he would scarcely have seized these,
churches, but for the extraordinary num
ber of wounded u'bielt have been sudden
ly throw upon his hands. Nor would
McClellan longer hesitate to attack.
Petersburg Express.
The Wounded.—The Richmond Enqui
rer says that the hospitals so recently full
of wounded, from the battle of the “Seven
Pines” have been cleared of a large propor
tion of their patients. The greater number
of them were only slightly wounded, and
are able to walk about or return to their
homes. T he same paper says there are
not exceeding nine hundred now under
treatment at the hospitals and not more than
one tenth of this number are dangerously
ill. The mortality among the wounded
has been exceedingly small, and has not
added materially to the original lists of
the dead. Half the whole number will be
ready for service in the course of a few
months.
“Sfonetrall Jackson.”— : lie Milton (N.C)
Chronicle says there must be “something
in a name,” for the very sound of “Jack-
son” sets a Yankee to trembling. The
foreigners in the Yankee army swear it’s
all a “rebel lie” about the “Stonewall”
part of tho name. “Bugger me eyes,”
says Patrick, “if you can be after making
me, believe that it isn’t that old spalpeen
Gineral Andrew Jackson, and if it is, boys.
Holy Saint Mary, ye betlier be after lavin’
these low lands of sorrow.” “Mine got!”
exclaims Halts, “<lat ish him, kutn to life,
anti lie’ll play, de debil tnid tie Hutch.”
Humility.—What a beautiful ornament.
It has been represented as the string that
binds together all the precious pearls of
the Christian graces, aud if it break they
are all scattered.
tie- father of his country, General George Wash
ington.
Of three children by h r first marriage. John,
a'one. was mart it d At his death. General Wash
ington adopted his sun and daughter. This son
was George Washington Custis of Arlington,
whose heights have been so prominently connect
ed wi b the events ot this war. The child ot
Georg- Washington Custis te Mrs. Gen. Roberr
Lee
It may be supposed that the ancestral mansion
and manor of the Custis family lias, to this day.
remained in their possession; and that Mrs. Lee.
since she was dispossessed of Iter paternal home
at Arlington Heights, has, with increasing vene
ration and love, occupied her ancestral mansion,
the White House. It is situated on the Patnun-
key, which empties into York River, whilst the
Chiekahominy, nearer to Richmond, runs into the
James River. The White House is, thus far,
within the lilies of Gen McClellan.
It is reported that tbe White House is sacredly
guarded from intrusion by troops stationed there
by Colonel Rush of a Pennsylvania regiment
fie is. doubtless, one ot tho sons of the Hon
Richard Rush of Philadelphia, either Murray or
Benjamin Rush rTIte relations betwixt the fami
lies ot Kush and Custis have ever been intimate,
and spring front antecedents of tbe revolution
It is tints that tbe instincts of a gentleman and
the impulses of early friendship have combined in
defending the sanctity of the Win o House, with
in the lines of the enemy now before Richmond.
H.
Gen, Mercer, or whoever is counted
upon, will not be deceived or persua
ded into using his power to consumate
it. One of the arguments made use of is,
that the Railroad iu question is owned by
Northern enemies. That is false; for'a
large interest in the Railroad is owned by
citizens of our own State, aud what did be
long to Northern men is forfeited by the
Sequestration law; so that now the latter
have no interest in reality. But it is not
merely the owners of the Railroad and the
inhabitants of Brunswick who are to be in
jured by destroying access to the finest
harbor of the South, hut Gherokee, Chat
tahoochee. and indeed tbe whole Confed
eracy is interested in it as well as is
Middle Georgia.
Fran Fort Pulanki.
The steamer “Ida,” which went to
Fort Pulaski yesterday with Federal priso
ners, returned to the- city last night. 1 he
boat was under command of Col. E. C.
Anderson, Major R. H. Anderson having
charge of the ptisoners. On arriving
within a half mile of the Fort, a shot was
fired across her bow, when she laid to, and
a Federal steamer came round from the
South Channel and took the prisoners and
our officers aboard, and conveyed them to
the whaif The following information'
was obtained by the party-:
Tbe sick and wounded of the late gar
rison wete sent to'Hilton Head, for great
er comfort, about two weeks ago, and
General Terry- (formerly Col. Terry, of
the Seventh Connecticut, but recently-
promoted. and now in command at the
Fort) informed our party that he had
heard that the prisoners were sent to New
York, in the “Arago,” last week. Pri
vate Moulton died of his wound soon after
the battle. Private Ames, whose foot had
been amputated, was doing well and fast
recovering, and the same account was
given of Private Bruce, whose arm was
lost, in the fight.
When interrogated with regard to the
terms of capitulation as published in the
New York papers, and the failure of the
Federal commander to comply with his
stipulation to return the sick and wounded
to onr lines; General Terry acknowl
edged that such was his understanding of
the matter, aud he was unable to inform
them why the contract had not Iteen car
ried out.
The flag at the Fort was at half mast in
respect to the new Colonel of the 7th Con
necticut who died on Thursday and was
buried yesterday-.
Our officers were informed that both
Charleston and Savannah would be ta
ken within thirty days. The Federals
had. gunboats that could readily pass
Fort Sumter, and this done, they regard
the fall of < fharleston as accomplished.
Upon being informed of the Federal loss
on James’ Island, as reported in the Char
leston papers of some days ago, the, Fed
eral officer expressed an agreeable sur
prise; as they had learned it was at least
nine hundred.
Workmen appeared to be engaged in re
pairing the Fort as derricks had been
erected on the injured side. The walls
of the magazine had not been breaclied,
hut a number of shot had beeD driven into
the brick and the walls roughly handled.
The garrison were employed in erecting
additional guns.
The officers say they receive, the Savan
nah and Charleston papers regularly, and
have a complete file of them at the Fort.
They are obtained through messengers
who communicate with the two cities.
The intercourse with our officers was
pfbasant and even kind and General Terry
spoke with great confidence of the ability
of the Federals to take any portion of the
country- they- desired, and to crush out the
rebellion at an early day.
There were no war ships in sight, or
sail of any sort except two or three in
Warsaw, the character of which could not
be distinguished at that distance. All the
batteries along the river have been remov
ed.— Sav. Republican.
■ ntrmling nctra front the Went.
Mobile, Ala ..June 24th.—A special dispatch to
the Mobile “Tribune,” dated Grenada, Miss.,
June 23d, says that arrivals from Mejnphts report
that the defeat of Curtis by Hindman, in Arkan
sas, is generally credited above. Col. Fitch, with
two Indiana regiments, was sent up the White
River to reinforce Curtis.
He attacked our batteries at St. Charles, 70
miles above, with two gunboats and land forces,
and succeeded in capturing them by an attack on
the rear. A Hot shot from our battery entered
the magazine of the steamer Mound City, and
blew her into atoms, killing all tiut 12 out of 175
men on board
The Federal cavalry, in considerable force, ap
peared on Saturday at Cold Water Depot, on the
Mississippi and Tennessee Railroad, thirty miles
above Memphis.
All the cotton is being burnt throughout the up
per comities of Mississippi by the planters.
BY AVZHORZTY.
Acts and Resolutions of the Congress of
the Confederate Sttates of America Passed
at the First Scssiou under the Permanent
Constitution.
Hnrnimu!i Vs. Iti unssricU.
Editor Telegraph.—It is rumored that
the iron of the Railroad leading out of
Brunswick is likely to he removed on the
pretence of a military use for it, and that
a seizure ot that particular iron is urged
on the authorities by some person in Sa
vannah for the put pose' if destroying an
anticipated rival to their city when the
ports shall he opened. It cannot be be
lieved that, the many really high minded
and honorable citizens of Savannah are
aiding such an unworthy plot to injure a
sister seaport, however much they may
dread bet rivalry. The chief wire puller
in the matter is said to be a certain sche
mer who is not remarkable for scrupulous
ness, and he is represented to be confident
of success . Bitch a plot to destroy a ri
val interest would be outrageous and
dastardly, hut it is to be hoped that I Approved, April 17,1862.
(No. 45 )
AN ACT for the relief of Mrs. Caroline Milter and
her children.
Whereas, Mrs. Caroline Miller, wife of James II
Miller a soldier now in the Confederate Army, is
in very indigent circumstances, and whereas
her brother one John A. Bridgeland. « resident ot
ttie State of Indiana, in tho month of September,
in the yt ar cf our Lord, one thousand eight lion-
dred and fifty-seven, purchased a house and lot in
tho town of Salem, in tho county of Roanoke 1 , 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 baying the said property for the use
and benefit of the said Caroline Milier and her
children; and whereas proceedings are now pend
ing in the District Court of the Confederate States
in and for the Western District ot Virginia; to
subject the said house and lot to sequestration, by
virtue of tbu not of the Provisional Congress of
the said Confederate States, entitled "‘an act for
the Sequestration of the estates, property and et
feels of alien enemies, and for the ideimiity of
citizens of tho Confederate States, aud persons
aiding the same in the existing war with the Uni
ted States,” approved August the 3iith, 18CI —
Therefore,"
Section 1 The Congress of the Confederate
States America do enact. That wheneverajudgmeut
or decree of 'sequestration shall be rendered in tbe
District < otm for tbe Western District of Viginia,
subjecting the above described house and lot, of
the said John A. Bridgeland to sequestration,
it shall be the duty of the Receiver of the District
in which said property is situated, instead of sel
ling ihe same, to convevjt to such persons as shall
be designated by tbe said Court, to be held in
trust tor the solo and separate use and benefit of
the said Caraline Miller during her life, aud. after
her death, for the children and their heirs, so as
not to be liable to the debts or contracts of Iter
husband James H. Miller, which said convey
ance shall Lave the effect of passing to the said
tnistee, for the use aforesaid, the title of the said
John A. Bridgeland.
See. 2.' Be it further enacted, That the said
Caroling Miller is hereby discharged from all lia
bilities, under the Sequestration Act, tor the rents
and profits of the house and lot, now due, or
hereafter accruing and that she shall bo permitted
to r* main in the use and occupation of the same
until the conveyance shall be made for her benefit,
according to the provisions or this act. any order,
judgment or decree of the said District Court of
ihe couttary notwithstanding.
8ec 3. Be it further enaced. That this act
hall be in force from and after its ratification.
She Conscription Act.
Answer of Bov. Brown to Preside** Uavis.
Atlanta, Jane 21st, 1862.
His Excellency, JefkeksoN Davis, Prevdenf t(c.
Dear Sir : I have the honor to ackn«ra|Bth?
receipt of your letter of the 29th u!t.,m^Py
mine of the 8th of the same month, which reach
ed my office, at Miliedgeville, on the 8th inst., to
gether with a copy of the written opiuion of the
G.r that Congress lilts pdwer “to declare war,’' title of a cdtistitntion of the l nited Stales, ahd o f
which you say embraces the right to declare of- amendmentsiti««o, : . th . a r c ^ n8tltnte d a General
ftttsive as well as defensive war, and you argue,
,8 I understand, that the militia can only be cal
led forth to repel invasions, and not to in
vade a foreign power, and that Congress would be
nowetless to redress our wrongs, or vindicate our
honor, if it could not “raise armies” by Conscrip
tion, to invade foreign powers.—If this were even
g0> it might be au objection to the Constitutional
Government, for want of sufficient strength,
R . .— r j -• —— — -r , | which is an objection often made by those who
Attorney General, and has since beeu forwarded I ^ avof more absolute power in the General Gov-
to me at Cautou, where 1 was detained by family e ‘ rnnien t, aud who attempt by a latitudenarian
afliictiun. . ! construction ot the Constitution to supply powers
Y'uur reply, prepared after mature deliberation j w j 1 ; c h were never intended to be given to it. But
and consultation with a cabinet of distinguished | t j )e practical difficulty ' which you suggest
ability, who concur in your view of the c ‘ justitu ‘ !;„ f ac t exist ? I maintain that it does not. And
tionality ot the Couscription Act, doubtless pre- j j ^ bere remnrk that those who established the
sents the very strongest argument in defence of | Qy Vl ; rumeut 0 f 0U r fathers, did not ioik to it, as
the Act of which tiie case is susceptible. ! *"great military power, whoso people were to
Ente-iaining, as Ido, the highest respect for . ( > e b y pi unde ring other nations in foreign ag-
your opinions and t ose of each individual mem- j _ |eaS ; ve war , but as a peaceful Government,
b-r of your Cabinet, .it is with great diffidence j * dyist;( ] by t ;,e Father of
that I express the conviction, which I still enter- t . eI , ta ns:ling alliances” wi
Government for special purposes—delegated to
that Government certain definite powers; reser
ving each State to itself the residuary mass of right
to thfir own self-government; that whensoever the
General Government assumes undelcgated powers
its acts are un^ftlhoritative, void and of no juice;
that to this compact each State acceded as a
State, and is an integral party—its co-States
forming as to itself the other party ; that the Gov.
eminent created hy this compact was not made the
exclusive or final JUDGE of the eitcnt oj the powers
delegated t > it.—since that would have made ITS
DISCRETION and not the Constitution the measure
of its powers ; but that as in all other cas-s of
compact among parties having no cum man Judge
each party has an equal ngAt to Judge fur itstlf
as wll >f infractions as of the mode and measure
of redress,”
And again:
"That the Constitution applied hy the General
ciui Government -(as evinced by sundry of thi ir pro-
his°*Country" to avoid j ceeditrgs) to those parrs of the Corusiitution 0 f
with other povvers. I tbe United States which delegate to Congress a |
tain, after a careful perusal of your letter, that j ^u'.T’vou suppuse, after cur independence is es- | p»«ei to lay and collect taxes, duties unpoats
your argument fails to sustain the constitutionality ’ tablish* d, that our present enemy may be tempted and excises ; to pay the debts ana provide for the
of the Act; and that the conclusion i>.t which you j ^ abU3e hi* naval power, by depredation on onr
have arrived is maintained by neither the cou- j comU3erC e, and that we maybe compelled to as-
tumporaneous construction put upon ihe Consti- : our rights by offensive war. and you ask,
tution by those who made it, nor by the practice ! ..pjgy. ; s ; t l0 be carried on ?” “Of what is the
of the United States Government, under it during ; ar ' to be composed 7" The answer is a very
the earlier and better days nf the Republic, nor by ■ gil) le 0Ile R the aggression is such as to jttsti-
the language of the instrument itself, taking the i ( y ua m tho declaration of offensive war, our peo-
wbole context and apply ing to it the wellI estao- | U wid have the intelligence to know it, aud the
fished rules by which all constitutions and laws ; p atr ; ot i sru and valor to prompt them to respond
are to be construed. ... i by voluntary enlistment, and to offer themselves
Looking to the magnitude of the rights tnvol- j n £ der 0 ffi t . e rs of their own choice, through their
ved, and i be disastrous consequences which, I tear, i &tate au . ( or ; tjeg to .j 10 Confederacy, just as th-y
must follow what I consider a bold and dangerous , - n tbooff _, usive war a jr a j Ilst Mexico, when
usurpation by Congress of the reserved rights of many mote were offered than were needed witli-
the States; and a rapid stride towards military des- (Conscription or coercion; and just as they
potism, I very much regret that I have uot in the j bav£ doue ^ oUr presellt defensive war. when al
preparation ol this reply, the advice and assts- mQst e gtate bag resp01lded t0 every call, by
tanee ot a number cqua to your Cabinet, of the ; 80ndi f r „., r numbers thau were called for, aud
many “eminent citizens who, you admit, enter- i arirer Umu the Government can arm and make
tain with me the opinion that the Conscription eff ”., ive . There is no danger that ft he honor of
Act is a palpable violation ol the Constitution ot tbe intelligent freeborn citizens of this Confedera-
the Confederacy. W about this assistance, how- j c jU ev * r su ff e r because tho Government has
ever, I must proceed individually to express to you ; ^ tbe powt . r t0 compel them to vindicate it.
some views, nt addition to those contained in my j-fhey will hold the government responsible if it
former letters, and to reply to such points made ; refu ^ s t0 pcrmU lh em to do it. To doubt this,
by you m tbe argument as seem to n.y mind to , wou , d 8ee ^ t0 be _ t0 di)Ilbt the intelligence and
have the most plausibility in sustaining your cou- ; patriutisln of the ptop i e! and their competency for
: self government
It would be very-dangerous, indeed, to give the
elusion.
The s iv
juty and independence of each one
common defence and general weltare of the Unit d
Stales; and to make all laws uecessaiy and prop
er for carrying into execution the pou ers vested
by the Constitution in the Government uf tiie
Uuitrd States, or any department thereof, goes to
the destruction of alt the limits.prescribed to their
power hy the Constitution That woids meant by
that instrument to be subsidiary only to the exe
cution of the limited powers ought not to be so con
strued, us themselves to give unlimited powers, nor
a part so to he token as to destroy the whole resi
due ufthc instrument.”
But let us examine your doctrine a little further
and seo whether it can be reconciled to the con
struction lately put upou the Constitution by tbe
States composing the Cdnfederac, .over which you
preside, and the action lately taken by th m.
The Constitution of the United States gives
Congress the power to provide for calling toith
the nfflitia to "‘suppress insurrections ” Carry
out your doctrine, aud Congress must of couise,
be the Judge of what constitutes an insurrection,
as well as uf the means "necessary and proper” to
ho lined in executing the specific power given to
Congress to suppress it. Georgia, claiming that
that the Congress of the United States had a-
btised the specific povvere granted to it, and pass-
ed laws which were not "ntetssary and proper' in
executing these specific pouters, which wvre in-
of the thirteen States at thatime of the adoption ' ^ , 0overnm ' nt th ” powe ’r to engage in an jurious to her people, aud claiming to be berse f
of the Constitution of the United states, will not, ; offi . nfcive f orei „ u war , the justice ol which was I tho Judge, seceded from the Union. Congress
I presume, be denied by any, nor will it be denied
that each ot these States acted iu its separate ca
pacity. as au independent sovereign, in trie adop
tion of the Constitution. The Constitution is,
theretore. a league between sovereigns. In order
lo place upon it a just construction, we must ap
ply to it tiie rules, which, by common consent,
govern in tiie construction of all wiitten constitu
tions and laws. One of the first of these rules is,
n justice
condemned by the Governments otthe States aud ,
the intelligence of the people, and to compel
them to prosecute it for two years, the term for
which appropriations can be made, and continued
by the Congress declaring it. Hence the wisdom
of our ano* slurs in limiting the power ol Congress
over the militia, or great budy of our people, so as
to prohibit the prosecution, by conscription or co
ercion of an offensive foreign war, which may be
• . . « | i CFtl l/i* ut tut uuotiom, UMUt^ii ’■ u* f ”'“vtt me
to inquire wlmt was the intention of thoso who j con ^ e!I1I , e d bjr au intelligent public opinion,
made the constitution. ... France has a coascrip i<»ri act, which Great
lo enable us to learn this intention, it is tmpor- ; Briuin hasnot .
tant to inquire what they did, and what they said ■
couscrip mn act,
Both are warlike powers -often
, - , ... .V engaged in forrigu offensive wars. What advan-
they menu, w bun they were making it. In other t * e bas th . conscription law given to France
words, to inquire for the contemporaneous con ; (j . rfcflt Britain / Has not the latter been as
sanction put upou the instrument by those who : ab)tJ as th „ former t0 .. rai8e armies” sufficient to
made it, and the explanations of its meaning_ by vindieatt! her honor anJ maiuta ; n her rights 7
those who proposed each part it. the Convention, when Krance had no cunsc riptloo law at one pe-
wb.ch induced the convention t j adopt each part. : rjod f , )er hist she WES a * ( . pub l ic . Soon after
I incorporated into my last letter a number of , h h ^, / tfon , gh ” became aa E m-
qnotatious from the debates of prominent mem- • , Rmneror. leaving her neo
states, but that, it was their intention to reserve
to ihe States the contiol over those who composed
their miiitia, by retaining to the States t.lie ap
pointment of tbe officers to command them, even
while ‘"employed in the service of the Confede-
ate States.” I might add many other quotations
containing strung proof's of this position from the
debates of the federal Convention, and the action
ot the State Conventions wt.ich adopted the Con
stitution ; but 1 deem it unnecessary, as you made
uo allusion to the contemporaneous construction
in your reply, and I presume you Jo not insist
that the explanations of its meaning given by
thuge who made itsustaiu your conclusion.
1 feel that I am fully justified by the debates
and the action ol the Federal aud State Conven
tions in saying that it was the intention of the thir
teen sovereigns to cSnstaute a common agent with
certain specific and limited powers, to be exercised
tor the good of all the principals, bat that it was
not the intention to give the agent the power to
destroy the principals. The agent was expected to
be railier ttie servant of several masters than the
master of several servants. I apprehend it was
never imagined tiiat the time would come when
the agent ot the sovereigns would claim the power
to take from each sovereign every man belonging
to each able to bear arms, and leave them with no
power to execute their owu laws, suppress insur
rections in their midst, or repel invasions.
In reference to tin* practice of tbe United States
Government under tiie Constitution, I need only
remark, that I do not presume it will be contend
ed that Congress claimed or exercised tho right to
compel persons constituting the militia of the
States, by conscription or compulsion, to enter tbe
service of the General Government, without the
consent of their State Government, at any time*
while ihe government was administered, or its
councils coutiolled, by any of the fathers of the
Republic who aided in the fuimatiou of the Con
stitution.
It, then, the constitutionality of the conscription
lUigat
commends itself to the intelligence of th&^opleas
just, they will not hesitate to put themselves at
the command of the Government to assume the
plaintiffs position. The eagerness with which
the people of the.Confederacy now desiie that we
assume the plaintiff - s position, and become the at
tacking and invading party, instead of acting
constantly upon the defensive, is evidence to sus
tain my conclusion on this point
That those who framed the Constitution looked
to a state of war as tending to concentrate the
power in the Executive, and as unfavorable to
constitutional liberty, and did not intend to en-
cou.age it unless in cases of absolute necessity,
and did not, therefore, form the government with
a view to its becoming a power often engaged in
offensive war may be inferred from the lan
guage of Mr. Madison. He says :
“War is, in fact, the true nurse of Executive
aggrandizement. In war a physical force is to be
created, and it is the Executive will which is to
direct it. In war the public treasures are to be
unlocked, and it is the Executive hand which is
to dispense them. In war, the honors aud emolu
menls ofofficers are lobe multiplied; and it is the
Executive patronage under which they are to be
enjoyed. It is in war, finally, that laurels are to
j be gathered, and it is tiie Executive brow they
i are to eueircle.— l’he strongest passions and most
! dangerous weakness ot the human breast, ambi
tion, avarice, vanity.{the honorable or venial love
! of fame, are all iu conspiracy against the de-
] sire and duty of peace.” See Federalist, page
I 452.
| In connection with this remark of Mr. Madison,
j it may uot be amiss to add one from Mr. Caihoun.
j That great aud good man who may justly he sty
led the champion of State Rights and Constitutional
Liberty. In the first volume of his works, page 361,
j while speaking of the war which was forced upon
I Mr. Madison while President, by Great Britain,
Oe says:
act cmtiot be established by the contemporaneous 1 " II did more: fo . r the w . ar ’ h , ow everjust and De
construction of the Constitution, nor by the earli i VT 8 * ar >,’ ,. a str .° 1 n ff lm P ulse Bdv , e / se t0
er practice of the Government, while administer- I 11ede !?^ aud t « v , orBble t0 the national line of poll
ed hy those who made the Constitution, tbe re . ; cy.-This is indeed, one of the unuavoidable con-
maiuing inquiry is, cat, it he established by the ' “?™»nce*of war and can be counteracted only by
bringing into full action the negatives necessary
to the protection of tne reserved powers. These
would, of themselves, have the effect of preven
ting wars so long as they could be honorably and
safely avoided; and when neccessary, of artesfing,
to a great extent, the tendency of the Government
to transcend the limits uf the t onstitution during
language of tho instrument itself, takiug the
whole context and applying to it the usual rules
of construction, which were generally received
and admitted to be authoritative at the time it was
made.
The Constitution, in express language, gives
Congress the power to “raise and support armies ” . .. ... ,, ,
You rest the case here, and say you know of but | ‘/ 5 Pfsecution; and ot correcting all departures at-
two modes of “raising armies,” to-wit: “bv vol- j 3 * erm, " at ' 0 , n h " ^ ,"' a8 b >' , fo . rce . ot , tho tr , ,bu -
untary enlistment, and by draft or conscription, ’ ' P™*r 'ka the plebtans retained for so long
and j on conclude that the Constitution authorizes tvars ” ‘ n th ® “' ldst ° f S0 many
Congress to raise them by either or both these i J beg to call special attention to the por-
mov.e . ...... . tions of the above quotation which I have itali-
lo enable us to arrive at an intelligent conclu- j c j sed ’
siou as to the meaning intended to be conveyed . ....
by those who used this language, it is necessary to ; Having rested the consti(jitionality of the Con-
iuquiro what signification was attached to the script ion Actupon the power given to Congress
terms used at the time they were used. aDd jt is I raise armies, you euunciate a doctrine which
fair to infer that those who used them intended
convey to the minds of others, the idea which was
at that time usually conveyed by the language
adopted by them. Apply this rule, aud what did
the Convention mean by the term to “raise
I must be pardoned for saying struck me with sur
prise, not that the doctrine was new, for it was
first proclaimed, I believe, almost as strongly, by
Mr Hamilton in the Federalist, but because it
found an advocate in one of the ablest and boldest
armies?” I prefer that the Attorney General | defenders of the doctrines of the State R gilts
should answer. He says in his written opinion: ! school in the old government. Your language
“Inasmuch as the words‘militia,’ "armi--s,' Teg
ular troops,’ and ‘ volunteers,’ had acquired a de
finite meaning in Great Britain before the Revolu
tionary war, and as we have derived most of our
ideas on this subject from that source, we may
safely conclude that the term ‘militia’ in our Con
stitution was used iu the sense attached to it ill
that country
| ‘ I hold that when a special power is granted by
! the Constitution, like that now in question to j
i “raise armies,” Congress is the judge whether !
the law passed for the purpose of executing that !
power is necessary and proper.”
Again you say :
“ i h*:true and only test is. to enquire whether
distinction, however unsubstantial
constitutional
- ,u_.i f r* From this you argue thatthe Conscription Act, is
calling forth the militia by minority of Congress. ; calcnlated arid intended to “raise armies,” and,
therefore, constitutional.
I am not aware that tbe proposition w as ever
stated more broadly in favor of unrestrained
and calling fortli all men iu the btate who com
pose tho militia by the same authority. In the one i
case yuu term it catting forth the militia, and ad
mit that the State has the right to appoint the of- , Congressional power by Webster. Story of any
beers. In the other case, while every man called other ltatewua 8 orjurj / t of tlle Federal / chool .
forth may b« the same, you term it raising an army . .
and deny to the State tho appointment of the of- | This ^ certain y not the doctrine of the repub-
ficers As this is necessary to sustain the coiisti- bean party of as sent forth in the Viruiuia
tutionality of tho Conscription Act, you cannot : f 11 J * ve,illlc *jy Resolutions. -Xhe Yirginia Reso-
disapprove the statement ot the Attorney General i‘Ibions use the following language, that ‘*It (the
above quoted If then, the Attorney General is ! Geuerel Assembly ot V irginia) views the powers
right, that, the term ‘•militia.” ‘‘armies,” “regular | the r eueral Government as resulting from the
troops,” and “volunteers” had acquired a definite j compact to which the States are parties, as limi-
meauing in Great Britain before the Revolufiona- : ’ by the plain sense and intention of the instru-
ry war, aud we have derived most of our ideas on j constituting that compact, as no further valid
this subject from that source and it vve may safely j are RU thorized by the grauts enumera
conclude that tne term “militia” in onr Coustitu- ! ,n that compact; and that in the case of a
tion whs used in the sense attached to it in that j ddibcrate palpable, and dangerous exercise of other
country, is it not equally safe to conclude that the P uircrs granted by said compact, the Slates who
term “armies,” and to “raise armies,” having ac- ‘ are P ari1 ®* thereto hare the right and are in duty
quired a definite meaning in Great Brilaiu before ^ ,0Jtn( ^ interpose for arresting the progress of the
ihe Revolutionary war. were used iu our Consti- j ailt ^ * or inalH tatning within their respective
tution in the same seuse attached to them in that ; bmits the authorities, rights, and liberties appert iin-
country? ing \o them That the General Assembly doth al-
tain had no Conscription Act, and dui not -rawo \ Gover ^ nlt .n t it, powers BV* FotlCl.r
nrmirs b> Cotiscriptsou, the.) ton* the Convention construction of the Constitutional char
which made our Constitution ‘ having derived ; TER W1I1CII defies THEM; and that indications
° n ,r bj r fr,,m 1 th * t hH*c appeared o. a design lo expound CERTAIN
source it is safe to conclude that they used the general PHRASES (which havin been copied from
i ii "t h J11* <■ o un t r I a ’^'it nrcp'siiri 1 ! fVn n tacbe< ] t0 . the very limited grant of powers in the former ar-
"iiAir^rr i 1 f* ‘ictes of Confederation were Ihe less liable to be
l« orr menu- ,7] th l # ^ ourconc * u " | misconstrued)—so aa destroy the meaning and
,!' ’ d f at Congress has no power ^effect of fhe particular enumeration, which NEC-
8e a rates, not e\en her regular armies, | essarily explains and limits the g&neraj,
^ . •. ! PHRASES. SO AS TO CONSOLIDATE THE* STATES
tho Constitution
81011
to raise armies,
by Conscription.
But as those who framed ino uoiisutunun I U V DEGREES INTO ONE SOVEREIGNTY, the obvi-
oresaw that Congress might not be able by volua- 0llg tenden and iDev ir.able result of which
tarj enltstment, to raise regular or standing a'mies ' oal<1 b(J trangform the present Republican
sufficiently large to meet all emergencies, or that system of the Ullited States into an absolute
the people might refuse to vote supplies to main- oR A# LEAST A MiXEI) monarchy ”
lam in the lield armies so large and dangerous, f , fr A ,
they wisely provided, in connection with this ! The followtng quotations are from the Kentucky
grant of power, another relating to tbe same sub- KeaoluuonsjdTawni up by Mr. Jefferson iumseit,
ect matter, gave and Congress the additional ! i'.n e . i , , l,l . ! !. C8 i h L
jpower to call forth the miiitia to execute the laws, '
of the Confederate States, suppress insurrect
ions, and repel invasions.
Iu this connection I am reminded by your let-
That tiie several States composing the United
States of America are not united on tbe principle
of unlimited submission to the General Govern
ment ; but that by a compact under tbe style and
denied her power or right to do so, and acting u| -
on the doctrine laid down by you, Cuugress
claiming to be the Judge, proceeded to adjudicate
the case, aud determined that the action of Geor
gia amounted to au insurrection, aud passed tews
for its suppression. Among others, they have
passed a law, if we may ertdit the newspapers,
which authorizes the President to arm our negroes
against us. Congress will, no doubt, justify this
act, under the specific power given to it by the
Constitution, to “raise armies,” as the armies, as
w. 11 as tbe inilitia may be used to suppress insur
rection, and to execute the laws Apply the test
laid down by you, aud inquire, is this law “calcu
lated and iutended” to carry out the object (the
suppression of the insurrection, aud the execution
of the laws of the United States iu Georgia) ? and
does it “devise and create an instrumentality hr
executing the sptcifice power granted I" Con
gress the Judge, answers the question in the af
firmative. Therefore the law is constitutional.
Again, supple yon are right, and Congress
has the constitutional power to “raise armies”
by Conscription, and without the consent of tho
States, to compel every man in the Confederacy,
between Is and 35 years old, able to bear arms, to
enter these armies, you must admit that Congress
iias the same power to extend the law. and compel
every man between 16 and 60 to enter. And,
you must admit that the grant of power is r.s
broad in times of peace as in times of war, as
there is in the grant no language to limit to times
of war. It follows that Congress has the absolute
control of every man in the State, whenever it
chooses to execute to the full extent the power
given it by the Constitution to ‘‘ta.se armies ”—
How easy a matter it would have been, therefore,
had the Congress ©f the United States understood
the full extent of its power to have prevented in a
manner perfectly constitutional, the secession of
Georgia and Mississippi from the Union. It was
only necessary to pass a Conscription law declar
ing every man in both States, able to bear arms,
to he in the military service of the United States,
and that each should be treated as a deserter if he
refused to serve; and that Congress, the Judge,
then decide that this law was “necessary aud
proper," and that it created an instrumentality for
tiie execution of one of the specfic powers granted
to Congress to provide for the execution of the laws
of the Union in the. two States, or to provide for
“raising armies ” This wouid have left the States
without a siugle man at their command,. without
the power to organize or use military force, and
without men to constitute even a Convention to
pass an ordinance of secession.
If it is said the people of the States would have
refused to obey this law of Congress, and would
have gone out in defiance of it; it may be replied
that this would have been revolution and not
peaceful secession, the right for which we have
all contended, though our enemies have uot per
mitted ffk to part with them iu peace—the right for
which we are now fighting.
Y’our doctrine carried out not only make Con
gress supreme over the States, at auy time when
it chooses to exercise the full measure of its power
to “raise armies.” but it places the very existence
of the State Governments subject to the- will of
Congress. The Conscription Act makes no ex
ception in favor of the officers necessary te the ex
istence of the State Government, but in substance
declares that they shall all enter the service ol the
Confederacy at the call of tbe President under
officers which are in future to be appointed by the
President.
As already remarked Congress has as much
power to extend the act to embrace all between 16
and 60 as it had to take nil between 18 aud 35.
If the act is Constitutioual, it follows that Congress
has the power to compel the Governor of every
State in the Confederacy, every membei of every
Legislature of every State, every Judge of every
Court in tbe State, every officer of the militia of
every State, and all other State officers to enter
the military service as privates in the armies of
the Confederacy under officers, appoiuted by the
President, at auy time when it so decides In
other words, Congress may disband the State
Government any day when it, as ihejudgt decides
that by so doing it “creates an instrumentality for
executing the specific power” to “raise armies."
If Congress has the right to discriminate, and
take only those between IS and 35. it has the right
to make any other discrimination it tnayju lge
“necessary and proper” in the “execution uf ti e
power,” and it may pass a law in time of p*' ac e or
war, if it should conclude the State Governments
are an evil, that all State officers, Executive. Leg
islative, Judicial, and Military, shall enter the
armies of the Confederacy as privates under offi
cers appointed by the President, and that the
army shall from time to time be recruited from
other State officers as they may be appointed by
the States.
To state the case in different form. Congress has
power under the 12th paragraph ot the 8th sec
tion of tho 1st Article of the Constitution to dis
band the State Governments, and leave the people
of tiie States with no other Government than such
military despotism, as Congress in the exercise of
the specific power to “raise armies” (which I un
derstand you to hold is a distinct power to be con
strued separately) may after an ap licatiuii of your
test judge to be best for the people.^
For as all tbe State officers which I mention
might make effective privates in the armies of the
Confederacy, and as the law passed to compel
them to enter the sjrvice might “create an instru
mentality for executing the specific power to
“raise armies” Congress .the judge, need only so
decide and the act would be Constitutional.
I may be reminded, however that Congress pas
sed an Excmviioli Act after the passage of the Con
scription Act which exempts the Governors of the
States, the members of tho State Legislature, the
Judges of the State Courts, &c., from the obliga
tion to enter the military se'vice of the Confeder
acy as privates under Confederate officers. It
must be borne in mind, however, that this very act
of exemption by Congress is an assertion of the
right vested in Congress to compel them to go,
when Congress shall so direct, as congress has the
same power to repeal which it had to pass the ex
emption act. All the State officers, therefore aro
exempt from Conscription by thograce and special
favor of Congress and not by right as "the Govern
ment of the independent States whose agent and net
master, Congress had been erroneously supposed
to be If ibis doctrine be correct of what value
are State rights, and Slate Sovereignty1
In my former letter I insisted, under the gener
al rule that the 12th, 15th and 16th paragraphs ol
the section tinder consideration, all relating to the
same subject matter should be construed together.
While your language on this point is uot so clear
as in other part-* nf your letter," I understand you
to take issue with me here, You say:,
“Nothing can so mislead as to construe to
gether and as one whole, the carefully separated
clauses,” which define the different powers to be
exercised over distinct subjects by Congress "
These are not carefully separated clauses wl ich
relate to different powers, to be exercised over dis
tinct subjects They all relate to the same s'"'* 4 s “*"
jecl matter, the authoritv given to Congress over
the question of war and peace. Thpy all rela*e to
the use of armed force by authority of Congress.
If therefore Coke. Bfackstoue, and Mansfi* Id of
England; and Marshall, Kent, and Story of this