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£l)c Wccldn OttshttiMiatel* BY JAMES GARDNER. MB. YANCEY’S SPEECH IN DEFENCE OF STATE BIGHTS AND THE CONSTITUTION It is a wholesome task to recur, amid, the clangor of arms, occasionally to first princi ples, and, while our brave armies are de tending our homes and liberties from foreign invasion, neither deliberate usurpation, nor the fervor of mistaken zeal in our defence, assail us from within. In this view, therefore, lay before our readers the well-timed speech of Mr. Yancey, the eloquent Senator from Alabama, upon the amendment of Mr. Dortch, that Justices of the Peace be exempt from C inscription. Mr. Yan cey may truly be termed the Patrick Henry of this, our second war* for Independence. We are pleased to see that, his eloquence is devoted not solely to nerving the Southern arm against Northern despotism , but that he stands a vigi lant sentinel on the watch tower, to guard the public liberty aga'mat the mistakes and errors ot our own people. The intoxicati or, of victory should not come over the senses, of the South in this hour of exultation and triumph. It is by the light ot victory, irradiating our arms, we should most closely scrut iaize the course of military author ity. It is t r-en should be kept most steadily in view the p xiriciples for which our armies fight; it is then itf.ie safeguards of our Constitution should b most firmly insisted on, and most bol ly v indicated. THS R FLaTIVE POWERS OF THECONFED* ER dISS AND STATE GOVERNMENTS, IN THi A'CONDUCT OF THE WAR. SPEECH OF W. L YANCEY, E?Q, WOSiVBI AMFNDMBNT TO THB EXEMPTION BILL, PRO- P'FSUD BY MB. DORTCH, THAT JUSTICES OF THE fBiCJ BHOW.D BK LIABLE TO CONSCRIPTION, MADE SENATE, StMTEMBER IOtH. 1862. Jjr. President : The Senator from North Caro lifcia p toposes that Justices of the Peace, in the f federal States, shall be enrolled as conscripts in •ffne army of the Confederate Slates, at the same dime giving notice that he will offer other amend aments, making other State ifficers liable to en rollment under the Conscript act. The Senators <rom Georgia [Mr. Hili J, and from Mississippi ■iMr. Puetan], and trom Kentucky [Mr- SimsJ, have supported that amendment, and b»ve each -asserted tbe power of Congress to enroll as con* saddlers ic the army, -every officer of a «BUt*, whether judicial, legislative or executive, ,<and, also, every officer under the Confederate -Government, whether judicial, legislative or exe -cuuve, with but a single execution, and that ex ception the President of t'he Confederate States. The enrollment or exemption of a few thousands, -filling the humble but useful office of e Justice of the Peace, can be of but 1 title moment compared with the vast tundamental! change in the charac ter of ‘.bis Government, wituch practical legisla tion upon such principles must bring about.— legislation upon the principles which have been thus distinctly avowed font! elaborately argued, would in aiv opinion, ut'ienly subvert the limited -Constitutional Governm -nt, which the people of the States have been at sc much peins to estab lish, and have exhibited -so much patriotic sacri fice and energy to defend; and would effectually -erect upon its ruins a -purely military Gov -ernment. So thinking,, I should <be unjnet tn all the principles u;>on which 1 have acted in the past, and derelict to the duty I owe to the .State which lin part represent here, and to the oatn I have taken to preserve and defend the Constitution, if I were to permit the avowal of such doctrines to pass unchallenged. If this amendment had been proposed and passed upon without debate, Mr. President, it might have thus become one ot tbe facts in legislative history of comparativeiv soall moment, and not justly held to be a precedent. But its introduction has been supported by grave and apparently maturely con sidered opinions of Senators from three of tbe thirteen States of the Confederacy—and has led to a more lengthened and dignified debate than anv other that has occurred in this body sines my connection with it. Bach a debate, upon such as issue, »n tnv opinion, will mark the action of the Senate upon it as one of the greet landmarks in legislative construction of the Constitution; and as tne question passes into history its footprints will »e gravely scrutimz d and considered here after as indicating the progress of -this Govern ment ettber in the march of swell understood Constitutional policy, leading us on to an assured political and commercial greatness as a free peo** p| e —or in that broad and weil*beaten path, from which the wrecks of governments that for centu ries have strewn it could not deter us, and which leads to absolutism in the person of some mighty and unscrupulous military genius. This being tbe case, our decision of tbis question is of tbe gravest importance —not only for to-day but for ail tune—and our action should be clearly defined and leave no room for doubt as to our views of the relative dignity and extent of the civil and the war power m tbis Government. Mr. President, the question is not an abstract one, waicb can be postponed without detriment. It pressed upon you as a practical question, re .qutn >g legislative solution. Signs are not lack ing that tbe war power is quietly . usurping tbe powers of both State and Confederate Govern* ments AJI history teaches us that, in times of war, tbe mare modest.and less showy cml powers -of government yield and shrink from the fiercer bearing and more pretentious and swelling de meanor of the war power. And in our own case, »o great is the patriotic fervor of the people—so ardent tbeir de.vo’ion to the cause— so unselfish their sacrifices of property ,;of ease, aye, and of life itself tn promotion of the common weal, that -they are loth to question any act that is designed to advance the common interest, no matter bow .stranae or startling to them as a mere question of power. And so far has this generous support -of our armies gone, that it requires some moral courage to sustain any who thinks it bis duty to aay, “vigilanoe is tbe price of liberty v Hence this generous confidence, while it may deter many a watchful patriot from doing bis whole ■duty, has actually been seized upon as a defence <>y .some who have violated civil liberty in the ex- I ercise ol military power, and their acts justified because tbe people are qciet. But, Mr. President, this should not influence Senators in their action here. Here we act upon our solemn oaths to see to it tbat the Repub.ic sufftrs do detriment. Here we are as watchmen to tell our constituents “what of the night.” Here we are pot upon our consciences, without feai- or favor of the people, to do our duty—our whole duty—not according to tbe “general wel fare,” nor to tbat other dangerous plea of all usurpers, “necessity”—but according to the writ ten lawol the Constitution, which has been placed in our bands as our only cower of attorney to act stall Under such itfluences, as one of these watchmen. I say tbat there are already signs tbat a change from a civil government, with constitu tional checks nod balances, to a military absoiut* ism. is m progress. Wbat are the facts to sustain ao startling an assertion? 1 repeat a few of them : A inil>'ary commander of a department bad de cland martial law in bis district and has muzzLd the free press within it. j T*ae first step towards despotism is invariably ta suppress that watchful friend of civil liberty—a free press; and the next is to suppress the civil law, which would rescue a victim from lawless arrest, and check all encroachments upon tbe peo , pie’s rights. Another military commander is solemnly charg ed, and it is a matter of enquiry now, in this body, with having executed a cit'zen without a trial, either under civil or martial law. Tbe same commander has superceded the municipal law of one of our large cities, and substituted the law of his own military edict; has displaced tbe authon* ties elected by the people, under the sovereign law of their State, and has placed over them an officer of his own choosing. And, as if these startling usurpations were not sufficient to satisfy this craving of the military to drive all civil pow- I er into obscurity—in fact, to banish it from the land—here in tbe Senate, the chosen temple of State sovereignty, one ot the tribunals upon which it would be supposed the civil power could safely repose, Senators from several sovereign States are to be found who deliberately assert tbat Congress can suspend and supercede all civil governments, both Confederate and State ; fi r they assert that under tbe clauses giving Congress the power to declare and conduct tbe war, it can coerce every officer as well as citizen of the State governments, aud every officer of the Confederate government, save the President, to serve in tne regular army of the Confederate States as a soldier, as long as 1 it may sae fit to carry on the war. Mr. President, if there are any within our land so misled as to desire to overthrow our present j form of government and to establish upon its rums a central despotism, led by a dictator, they could not desire to have more effective aid in ac» eorpplishing their unhallowed designs, than these Senators no doubt unremittingly lend to them. It is a most startling fact, and history will record it as one of the most strange in its annals, that in the first Senate assembled under a Constitution, which declares that it was tormed by each State, ‘•acting in its sovereign and independent charac ter,” to “establish justice, insure domestic tran quility, and secure the blessings of liberty” to themselves and tbe posterity of their people, and m tbe first session or that Senate, Senators could be found, in the name of Liberty, to advocate tbe erection of the' military power into such a su premacy tbat it would absorb and destroy all the State Governments, and all the Legislative power ot' the Confederate Government—thus securing to the sword an unchecked dominion over a people who had seceded from tbe Lincoln usurpation, for the sole purpose of preserving tbeir liberties under their several S ate Governments. Strange, too, tbat while thus severing their connection with that Lincoln usurpation, on acoount of the en croachments upon the rights of tbe States, that in the early progress of the contest for tbe sover eignty of the Siates, and the rights of tbeir cui •£ ns, any intelligent man should be found com prehending and approving the nature of the c< n < test, who ehould follow, in his zeal to prosecute this war, the very footsteps of that Lincoln despotism. Lincoln and Seward proclaimed that the war power, the same in tbe Federal as in the Confederate Constituuon, justified tbe suppression of the municipal authorities of Baltimore, and tbeir imprisonment -in Fort Lafayette. They thought the press was too free in its criticisms upon tbeir acts, and they crushed its freedom, and imprisoned its editors. They thought that the Judiciary should be subordinate to tLe war power, and they placed sentne s at the door of the residences of the Judges and disregarded their writs.! They thought that independent State Governments weie stumbling blocks in their progress to military absolutism, and they imprisoned the members of tbe Legislature of a sovereign State. And what were h ; s special pleas for this effectual and rapid transfer mation of a con stitutional government into a practical despo tism which did not allow its decrees to be ques tioned ? One plea was that so ardently advanced by the Senator from Kentucky, (Mr. Simms,) in defence of the proposition to seize and coerce an officer of the civil government of a State into the army of the Confederacy—that it would be absurd to suppose that the Constitution conferred upon Congress the power to wage war, and yet pro* hibited it from forcing a State officer to duty as a soldier. Mr. Simms, oCKentucky—The Constitution no where gives Congress power to raise and sups pert armies for the overthrow of the State Gov ernments, but it does give this power to Con gress “to protect each State against invasion.” The language of the Constitution is, “Congress shall protect each of them (the States) against invasion.” The war in which we are now en gaged, and the armies we are now raising and supporting are for that very purpose. If the whole physical.power of the Confederacy be re quired in the military service to successfully “protect the States against invasion,” I hold that Congress not only has power, but that it is made its highest duty by the Constitution itself, to ex ercise that power to the full extent demanded by the exigencies of tbe occasion. I am, therefore, for cotiscribing magistrates into tbe military ser vice, not for tbe purpose of overthrowing the State Government, but fer the purpose of pre* venting their enslavement and overthrow by a foreign invader. ■» For the Constitution to declare, that “Congress shall protect ea>eh State against invasion,” and then declare tbat it shall nut have power to raise a sufficient military force to do it, is to say that tbe same Constitution which declares that “Con gresc shall protect the States against invasion,” also, denies to Congress tbe power to do the very thung it declares Congress shall do. Such a con st.ruction, I hold, would be enough to stamp tbe in strument an absurdity, and more than enough to stamp its authors with a stupidity incapable of aaderstanding their own purpose. Mr Yancey continued. It seems, Mr. President, \ that I did not misapprehend the Senator. He re , pea ts that sueb a limitation on the war power as will prevent the Government forcing an officer of a Bt.ate government to servem tbe army, is an absurdity and a weakness of which tbe framers of the Constitution could not be guilty. Precisely the stime reasoning, if it can be called such, was used by Lincoln, as to our right to secede from his government—and m support of bis assumption of power to suppress what he called disloyal mumcijjaltiies and State Governments, and to im prison judges and editors of a free press. Another plea which Lincoln used to support his numerous usurpations and acts of tyranny, was that used here, by the Senator from Georgia—the necessity of preserving the National Life—as if there could be, in a free constitutional government, a National life that was antagonistic to the sovereign rights or life of a fret State or of a citizen of such a State. Another plea used by the authorities of tbe United States, in their internal war upon the per sonal righit of their own citizens and upon the sovereign rights of their own States, was that so vehemently urged here by the Senator from Mis sissippi (Mr. Phelan) in behalf of his view tbat this Congress can coerce into its armies all tbe officers of the several States, and even the mem bers of tbis body, the supremacy- tbe unlimited extent of the power of Congress over all others delegated by the States or reserved by them in the conduct of a war. Mr, Phelan here disclaimed that he was one of those who made a mete general reference to “ibe war power" in showing the constitutionality ol any special measure. On tbe contrary, he bed disclaimed any such general reference as dan gerous in principle and pointless as proof. A reference so indefinite, be bad declared, was of no more force in proving the Constitutionality of ft special measure than a similar reference, by its AUGUSTA, GA., WEDNESDAY MORNING OO ? I. t 862. •title, to any other writing. Every power, claimed under the Constitution, must be established by special clauses; and in his argument to show tbat Congress had power to exact military service of a State officer, be bad referred to the special clauses, by which, he thought, it wits granted. Mr. Yancey—l have not, then, misapprehended the Senator. He reasserts unlimited right of Congress to coerce every citizen. He only ex plains that he derives it from special clauses, and not from general reference to the war power. I mention these coincidences between statesmen of different and antagonistic governments not with a view of showing any common design to destroy pub'ic liberty, but to warn Senators test, in tbeir patriotic zeal to strengthen tbeir Government in the prosecution of ihe war, they lay the founda tion for an eventual destruction ot the Governs •ment itseland of all that vast mass of personal and State rights which it is the sole object of the war to secure and to perpetuate. If the lessons of history, teaching by example, are too weak to be beard amidst the din of the corflict, surely the more recent and striking examples, punished by our enemies because of tbeir effect upon the struggle, shou.d cause Senators to pause in any course which would seem to jus'ify those usurpa tions and to stultify ourselves in pursuing tbe like line of conduct. If there is anything in our form of government which checks the unlimited expansion of the war power, and reserves from its seizure either State or Confederate civil rights—and Senators will persist in considering such checks and reserva tions absurd-ties or weaknesses —let them c< n sider that thus it has been maturely and con siderately determined by the States. Sufficient to every legislator should it be that over the whole fundamental policy of cur complex gov ernment it is thus written. Enough for "them should be tbe wisest and most potent of all reasoning— ita est scripta lex— thus is tbe law written, and thus we are sworn to observe it. But we are earnestly adjured not to let the Constitu tion stand in our way, when it is necessary to put every man in the field in order to resist subjugas tion by the Lincoln despotism, and that when tbe war is over we can return to Constitutional government. Mr. President, I here solemnly state my conviction that it is far better for a free peo ple to be vanquished in open combat with the in vader, than voluntarily to yield their liberties and their Constitutional safeguards to tbe stealthy progress of legislative and| executive usurpation towards the establishment of a military dictator ship. When a people have lost faith in the power of free government to defend their liberties, and lost tbat high courage and tried virtues which can wrestle with danger and meet with disasters with fortitude, and in cowardly search ot ease they discard the onerous and trying duties of self government, and throw themselves and them all into the arms of a vigorous despotism of their own choosing, in nine cases out of ten that people are lost—lost forever. The recuperative energy and virtue which would be required to throw off the shackles which they had placed upon thier own limbs, would be wanting, and they would have to undergo ages of suffering, before a new race of men could be born, equal to a task of such magni tude. No sir. Far better, in every particular, if h y are to be governed by a despotism—if free constitutional government is to be overthrown— that it be overthrown by an open enemy ; and if they are to be governed by a despotism, that it be after being vanquished in the conflict of arms Virtues grow by trial: the virtues of courage, of patriotism, of love of liberty, are not uprooted by the triumph of an enemy, by defeat at the hand of a foe. The world’s history t» full of tbe noble truth—the stern, bloody, practical truth which poetry has seized and almost consecrated as its own, by reason of the amber of sweet numbers in which it has embalmed it— “ Freedom’s battle once begun. Bequeathed by ble< ding sire to son. Though baffled ott, Is ever won.” There is hope for a people who are crushed by superior power, in their brave struggle for the right. There is no hope for a people so destitute of courage and virtue and wisdom as to flee tqa despotism to render their conflict with an invader the easier. I, therefore, repudiate all idea that we can safely abandon any ot the safeguards of our liberties in order more successfully to contend with our invaders. Mr. President, I have said that thisVnendment and the principles upon which it has been sup ported, if carried into practical legislation, will destroy both the State and Confederate Govern ments. and will erect tbe Executive into a Military ; Dictatorship. I now proceed to sustain tbat proposition : In considering this question, it must be borne in m>nd tbat this is not a consolidated Govern -1 ment; but tbat the powers of this Confederacy are limited, because delegated, and tbat all the powers of government are distributed between this and tbe several State Governments. There are seven articles in the Confederate Con stitution. I assert that the exercise of such a power by Congress will destroy the provisions ot ‘ six of these articles, and will thus destroy tbe various powers delegated to Congress and which make tbis a constitutional civil government, and 1 will leave the Exec itive and war power without tbe checks and balances so wisely provided to 1 keep these subordinate to the civil and legislative power. In the first articles are provisions that the Leg islature es a State has power to prescribe who shall be voters for members of House of Repre sentatives; and shall choose members of the Sen ate, and prescribe the times, places and manner of their election; and that the State executives shall issue writs ot election to fill vacancies in House of Representatives; and which reserve to a State the right to keep troops to resist invasion in time of war. Every one of these provisions can, and would, be destroyed by Congress assuming the powers contended for by tbe Senators from Georgia (Mr. Hill) and from Mississippi (Mr. Phelan), the power to place in the army tor three years the members of the State Legislature and the Executive, through whose action alone can Representatives and Senators be elected, and the power to enroll as conscripts tbe militia officers of a State; and the militia, when called out by a State, to resist its invasion. Texas has a regiment of rangers now in her service to protect her borders; Virginia has a large body of her militia to protect her insulted territory. In my opinion, Congress cannot touch a man of either under the conscript law; although I believe tbat Congress can provide tor calling forth the militia'to repel invasion; and in such case the States would be bound, to send their mis litia in obedience to that clearly delegated power. There is another class of provisions in tbe first article, which the assumption of such powers by Congress as are contended for would render null and destroy. These Senators say distinctly that Congress has power to enroll every member cf Congress as privates in the army for three years or more. Let us see tbe effect. The Ist article ; provides that all legislative powei shall be vested in Congress; that it shall meet once a year ; that the House shall alone impeach an officer; that the Senate shall try impeachments; that members shall be free from civil or m’litarv arrests—save for treason, felony or breach of the peace; and that all bills for raising revenue shall originated the House. In addition to all this, there are nineteen distinct powers specially'delegated to Congress in that article, six of which relate to tbe war power. .To enroll members of Congress in the army would destroy the legislative branch ol i the gwernment, and would render Congress un- ■ able to exercise all those powers and perform all ] those duties; and would take from the people of < the States their voice m managing the General I Government, and would take from the States the i representation o.f tbeir sovereignty in this gov 1 e rnment, and vfcould place the revenue in the < hands of the Executive—would give bim the purse as well as tin sword. Further, the suppress sion of Congress, by enrolling it in tbe army, would destroy the only power which could im» peach and try the Executive tor usurpation. Let us now examine the 2d Article. It provides that tbe President shall be elected by electors every six. years, chosen as tbe State Legislatures may direct. It gives to him the power of ap pointment of officers subject to confirmation or rejection by tbe Senate, lie can make treaties by and with the advice and consent of the Senate. He shall give information of the state of the Ccns federacy to Congress. He shall be removed from office on impeachment. But these Senators say that Congress has the power to destroy the State Legislatures, which prescribes the appointment of electors—has power to destroy the Senate, which can reject his appointees, and which can reject his treaties, and which can remove him from office by impeachment; and, when all this has been done, there will be an Executive, with out the check of tbe legislative power, without tbe fear of the High Court of impeacbment-r-an Executive to raise money at will—to put up and put down at will—to make alliances with foreign powers to maintain him m his one man power, without consultation or drawback from any quar ter. and to keep his control of government, as there will be no power in existence to elect his successor and dispute his term of office. Let us examine the 3d Article. It provides that the judicial power shall be vested in supreme and other courts, and that tbe judges shall hoid office during good behavior —that they shall pres side over c'vil and criminal trials of prescribed character. But these Senators declare that Congress has power to blot out that article—to render it of no effect—to take the Judges from the bench and en roll them as soldiers, under military rule—to de prive them of the dignities and privileges of their * high office, no matter how irreproachable tbeir I lite! Tbe Chief Justice is required to preside in I the Senate, if the President is tried by impeach ment. But, although the Presidfent may have bribed members to destroy tbe civil functions of government, and may have unconstitutionally arrested and forced State authorities and all Con gress and tbe Judiciary into his army, and, there fore. had assumed all the powers of government, and be liable to be fried for treason, there will.be found no House to impeach—no Senate to try Eim —no Chief Justice to preside—all will be forced, under the principles so recklessly avowed here by the Senators from Georgia, [Mr. Hill,] from Mis sissippi, [Mr. Phelan,j and from Kentucky, [Mr. Simms,] to be under the mailed band of a mili tary Dictator —that has grown under tbeir plea of “ necessity,” and of the “ unlimited nature of the war power.” But to resume my'review of tbe Constitution. Under the 4th article, tbe Confederate States guarantee to every State a Republican form of • government, and upon application of the Executive against domestic violence. Under the principles ot these Senators, what becomes of this valuable provision ? The government of the Confederate States so far from affording that guarantee, has destroyed every vestige of republicanism in both State and General Government. It will have des troyed the Legislature, the Executive, and the Judiciary of each State—it will have left it a prey to anreby, or, what i more probable, a province of a Military Ruler, governed by one of bis satraps The spirit, the vitality, the essence of our Re publican system will, in every particular, have been effectually crushed. And when, m such an event, the citizen—not then, but once the citizen of a free Government—shall seek the sacred places where his State sovereignty was enshrined, and shall find the Executive chair vacant, and the mace of Executive broken—when he shall stray still further into tbe temple of State justice, and find the bench of Justice no longer occupied, and the sacred ermine torn and tram<- pled under the feet of Confederate soldiery—the very altars of bis liberties desecrated and cast down—pray tell me, sir, what will it be to him to tell him that you did it from “necessity,” to pre serve “the National life,” from a fear of Lincoln’s hordes, from an opinion that you bad the right to do it—what to him will be your desire to be suc-> cessful in war, when success in war is based on a destruction of tbe very rights for which alone he was willing to war. I pass over the sth Article, as of comparatively little importance to the 6ch. The two last pro visions are the most important in tbe whole Con stitution—yet, they were not devised by the wise men who framed the instrument in Convention. After they had sent it to the States for their cons sideration, a citizen of this ancient Dominion, far-sighted and with a thorough knowledge of government and its workings as taught iu history, had them, amongst others, proposed as amende ments—and they were adopted. They constitute the grand beacon lights to every benighted or puzzled statesman by whieh to guide the bark of State. By tbeir light there Tan be no excuse even for a blind man for not correctly reading this C nstitution. They speak a language of warning, of instruction, and reproof to the Senator from Mississippi, [Mr. Phelan,] who, from obtain spe cial deduces the power of Cob^ ref , B t 0 destroy or render null and of no effect every other delegated power in that instrument and to disparage, if not destroy, nearly every, right retained and reserved by the States. I rea,d them: “The enumeration in the Constitution of cer tain rights shall not be construed to deny or dis parage others retained by tbe people of the several States. ' ■ “Tbe powers not delegated to the Confederate States by the Constitution, nor prohibited by it tolhe States, are reserved to the States respect ively, or to the people thereof.” Now I put it to the Senate, “Have not a few specified rights as the conduct of the war power been so construed by tbe Senators who have ad, vocated this amendment as ‘to deny or disparc age’ the right of State government which was ‘retained by the people of tbe several States?” Can those Senators deny that they have done so? Have they not so construed the few war powers as effectually to suppress the judiciary, the legis lative and the Executive departments of State governments if their principles should be fully acted upon by this Congress ? Has any Senator pretended tbat the power of legislation upon domestic relations among citizens of a State has been delegated to Congress, or has been prohibit ed to the States ? Not one. Then it is a reserved power to the States respectively. And if a reserv ed power, then, says the Constitution, “You shall not construe certain delegated rights so. as to deny or disparage that reserved right." Yet Senators here have, without due reflection, I must suppose, done that very prohibited thing. I have thus, Mr. President, performed my task. I have shown tbat the cons ruction put by some Senators upon this war-power is utterly at vari ance with six of the seven articles of tbe Consti tution, and, if adopted and acted upon bv Con gress, will crush all civil power, destroy two out of the three great departments of the Governs ment, namely: the legislative and judicial depart men’s—will also destroy all tbe State Governs ments and will erect the limited Constitutional Executive into an absolute despotism—a pure military dictatorship. As I have so often alluded to tbe Executive, I here <ake occasion to say tbat, though differing on some matters with tbe Presi dant, I have no fears of his assuming unconstitu tional power. Educated and living a strict con structionist, I believe his heart sympathizes with his bead, and that no more determined opponent of military usurpation will be found m the Con federacy. And wbat Is the reason urged for ’his assumption of unlimited power? Necessity— blood-covered, libertyodespoiling “necessity”— stained with the crimes of ages, and yet dripping VOL. 14.—-No. 40 with the fresher bloqji of a neighboring republic, which, although we may be at war with, it may be no treason to wish it had received a happier fafe. But, Mr. President, “necessity” can hardly be urged at tbis time for the.perpetration of so heni ous a crime against our own liberties —none more unpropitious for such an excuse at this bright period in tbe history of tbe war. Though hard pressed in tbe spring, when surprised and unpres pared, the wonderful recuperative energy and ready resources of tbe Southern people have raised and equipped an army in the very presence of three quartersot a million of armed and dis ciplined enemies; and those armies have driven back the enemy from all his fortified bolds on our borders and have routed him on seveialwell contested fields, and now bang threateningly oyer his capital and along"bis undefended frontier. Yet this is the hour chosen for an onslaught upon the dearest principles of ihe Southern people— upon the chief principle for which they separated from the government of tbe United States, and upon which they have built up this Confederacy— the right to preserve in tact the reserved rights of the States—the right to resist usurpation of those rights by the Federal government. Mr. President, I have full faith in this compli cated and limited government to carry us safely through this war. Its strength, however, lies in the most careful observance ol the rights cf each department of the government and ot each State. Its greatest weakness is in a disposition to assume powers, from a mischievous and fallacious idea that they are necessary to our safety. Such as’ sumption is more to be feared, mere dangerous, in my opinion, than are a million of Yankee bay onets. Let there be mutual respect for tbe rights of each and all—and there will result a harmony and an energy and a power tbat will secure to us all the value in constitutional government. I BATTLE OF SHARPSBURG -TERRIBLE CON FLICT—THE ENEMY REPULSED. From the [Savannah Republican, Sept. 2s. Sharpsburg, Sept. 17, 9 P. M. A bloody battle has been fought to-day. It commenced at daybreak and lasted until 8 o’clock at night—fourteen hours. The enemy made the attack, and gained some advantage early in the day on the left, and subsequently on the right, but was finally repulsed with great slaughter. Our own losses have been heavy, including many officers of worth and position. For the present 1 can only mention the following: Killed—Brig. Generals Starke and Branch, Col. Douglas of the 13th .Georgia, commanding bri gade, Co). Holmes of tbe 2d Georgia, Col. Milligan of the 15. h Georgia, Col. S. B. Smith of the 27th Georgia, Col. Newton of the 6th Georgia, Capt. Nisbet commanding 3d Georgia, and Lieut. Col. 3arclay of tbe 23d Georgia, (reported killed,) ■ Maj. T. S. Mclntosh of Gen. McLaws’ staff, and Lieut. S B Parkman of Read’s Georgia battery. Also Col. Strong, Capts. Ritchie and Calloway .and Lieuts. Linleand Lynne of tbe 6th Louisiana, and Capt. McFarland and Lieut. Newman ot tbe 7th Louisiana. Wounded- Major General Anderson of 8, C.; Brig. Gen. Anderson, ot N.C. ; Gen. Lawton, of Ga., iu leg; Gen. Wright, of Ga., in leg; Gen. Ripley, ot 8. C., in throat; Col. Duncan Mcßea, ot N. C., who succeeded Ripley in command;, slightly, Col. Magill, of Ga. Regulars, lost an arm. Majs. Sorrell and Walton, of Longstreets staff, Col. Gurdon and Lieut. Col. Lightfoot, of the 6th Ala.; Cipt. Reedy, of the 3d Aia , (wounded and mis sing ai Boonsboro’ Gap,]; Col. Alfred Cumming, of 10th Ga.; Major Tracy, badly, and Capt.. Wat son, of 6 h Ga , Lieut. Coi. Sloan, of 53d GaqCol. Jones, of 22d Ga’; Lieut. Col. Crowder, badly, of ! 81st Ga.; Major Lewis, Capts. Harney atto St. Mar tin, and Lieuts. Murphy, Cook, Current, Dea, Montgomery, Bryant, Wren, Birdtfall and Mc- Jimsev, of the Bth Louisiana: Colonel Penn, Cap tains Frank Clark ana O'Connor, and Lieutenants Smith, Orr, and Martin, of the 6th La.; Herrin, Morgan, and Harper, and Lieuts. Tarpey, Flower, Talbot, and Wells, of La ’ Major Menger, Capt. Hart, a”4 Lietit. Patterson’ ofthesthLa.; Col. flately and. Lieut. Col. T. B Lamar, and Sergeant Major Anderson cf ’he sth Florida; Captain Gregory, and Privates Hat'®* Henry, Bryant, Parker, Strickland, Bateman Barnett, Dillard, and Martin, of company 11 of same reg.ment; 8. B Barnwell, CoJr Sergean of Oglethorpe Light Infantry, Btb Ga„ knee, and leg amputated ; Captains Karacker an d Catey, and Lents. Macon, Gay, Hubert, of “h Major Randolph Whitehead, of 48th Ga an d Captain Charles Whitehead, of Gem Wrinbt’s staff ; Major Harns, of 2oih Ga., and Colonel Wm Smith, (late Governor, and known as Extra Billv w m JLhP° fVlrg H inia l I bad l . ly ’ Genß ’ anl Wr ‘i?bt 8 wounds, though severe, are not consid ered dangerous. The same may be said of Col Gurdon s and Lieut. Col. Lightfoot’s, of 6tb Ala * Major General Anderson’s, Brigadier General An’ derson’s, and General Ripley’s. I have omitted to mention in the proper place that Major Robert S Smith and L eutenant Lewis Cobb, of the 4th Georgia, were killed; also, Lieuts. Underwood and Cleveland, us the 18th Georgia. Captains George Maddox andAfrawtord Lieutenants Callahan and Williams, and Sergeant McMurray, (tbe latter mortally) of the same r-gi- Yment, were wounded. Private Slade, ot the 2d killed. ThiKi • • ani o^' fi mpe [ feCt ’ perhaps, limited as it is, able to as 1 been fight. My arran^-£ nt ‘ g hn t he f! r ° greßß es th e procure lull, as b M “ beeD made t 0 killed and wounded, pirol^ 00 "® 0 ' I,Bttt of the not move immediately. ' l “ e . arm y should But I cannot say more at this time. . . and hastily written note ia designed to bel” forerunner only of my account ot the battle, and is sent now because an opportunity is offered to forward it to the post office at Winchester. I will only add, that the timely appearance of McLaws on* the left, about nine o’clock in the morning, saved tbe day op ffiat part of tbe field and that to Toombs we arA indebted for saving it late in the afternoon on the right. Both charges were brilliantly successful, ia. P. Hill got up at 2 P. M.. and went in at 4, arid contributed iargelv to the success of the day. Nearly all the troons behaved with great spirit. * r Again I say—and with this remark I conclude thia note—the prospect is, we shall have to return to Virginia. P W A Gunboat No. 290 —We are indebted to a distin guished source for the following interesting and authentic information : s Captain R. Semmes (late of the Sumter) com mands gunboat No. 290. ' OFFICBRS. Captain—R. Semmes. Lieutenants- Keil, Hamilton, Armstrong. Masters—Low, A. Sinclair. Doctor—Galt. Marine Officer—Howel). Midshipmen - W. Smcldir, Bulloch, E. Maffit E. C. Anderson. ’ ’ Lieuts. Chapman and Evans were too late to join tbe gunboat. m}ri e N ept>r * ° f the en K a gement w probably a mere Nassau rumor as Captain Semmes is well aware, from his recent visit, of the impracticas bility of obtaining men iu Nassau or Cuba The aahered t to pr ° C!a!nSlioD is Btli3 S« nt an <l [Ala ] Evening New, Sept. 22. boy en,ered a stationary store, and aS “ to/k” P ro ß r,etor what kind of pens he sold. “All kinds,’’ was the reply. “Well then,” said the boy, “I’ll take three cents worth of pigpens.” 7