Newspaper Page Text
£1) e IDcckln Constitutionalist
BV JAMES GARDNER.
[Coma. inlcated.^
Office Milledoevill* Railf>ad Co . ;
Augu?ta, O',cober )
Jh the Stockholders : *
At the last annual meeting, it was expected that
the road would be st joptd at Spar a. For reasons
stated m the annual report, it wa& tu* tight that
ILe policy wou’ £ be forced upon the Company of
suspending further calls upon the Stockholders—
selling tue surplus iron for the road beyond
Hparte., and arresting the road at that point until
a m*re suspicions period for its further progress.
This policy was very unacceptable to a majority
cf the Stockholders, and it was considered the
**tyof the Directors to make further efforts to
provide means and go on with the work. The
Company had purchased and paid for the iron to
reach Milledgeviile, and by great exertions, an ads
dition was made to the stock subscriptions of
snout $400,000. Circumstances referred to by the
Engineer in his report, caused labor to be unex-*
pectedly abundant about the tirst of January, and
the means provided, were, by his es'imate, deemed
fully sufficient to complete the work to Macon.—
Nothing -seemed necessary to ensure the rapid and
uninterrupted progress of the work to completion,
except the iron for the road from or near Milledge*
Title to Macon; and it was hoped that, before ihe
road should reach that point, the ports wouid be
opened, and that the iron could be procured in j
time for uninterrupted progress. At anv rate. |
Milledgeviile wouid have been an important and
prtfhable point, as stated by the Engineer, and
tbe road completed to that point, would have an*
« vered many of the most important objects for
which the ma n enterprize was designed.
Under these ciicumatancea the Board deemed it
an imperative duty to the Stockholders and to the
©uuntry to proceed with the work, and the whole
roid to Macon was placed under contract with
responsible contractors, with heavy fo-ce, as
stated m the Engineer's report. A trrck-laying
force was also set to work at Warrenton. aod but
for .unforeseen interruption was txpected to react
Hpt.rta early in the past summer.
Fad experience, however, soon convinced us es
tfyi uncertainty of all private enterprises in the
nridst ol the calamines of war. Early in April
tie work was suddenly arrested by the forcible
•''ixureof the whale ol the iron of the company,
« xcept a few miles a!reedy laid dowD, and a small
♦quantity already hauled to the track for the track
laying force engaged :n the work. Tne whole
■on left to us will not cover more than ten miles—
distance too short to be run with any profit to
the company. In a time of war private rights
««ue often made to yield to the necessities of Govs
•eminent, bat it must have been a most extraordi
nary public exigency to justify such an invasion
-cf private rights as that involved in the seizure
•f th s iron. A c**e can scarcely be conceived
where the damage would begreuter in propoition
to the market valve of the propertv seHtd. It
had been specially provided for a particular pur
pose—was actually being for that purpose—
could no*, be replaced at any price, and its loss
n«'t ouiy involved its own value, but the loss of
prott upon the entire capital expended in the
enterprise.
Ti e case differ no*.h ; ng in principle, end but
» rtle >.n degree, from a sets ire of iron upon a fin
ished road in attual operation! If not in ac’uil
profitable use, it wasih the process of beintr made
so, and. but for the seizure, would shortly after
i are been in profitable nfe'to Sparta, end with
hone of but l.tt’e delay at that point.
In view of the vita! importance to the company
id this seizure. the.iroat strenuous and ner?t~ «r;r i
ft .lie iT^pwAmen. to
release at least a few hundred tons to reach CuU
verton, where the road would have been of some
use to ihe cu zens of Hancock. But every appeal
open this subject was entirely, disregarded, and
the further appeal recommended by the Engineer
w juld be hopeless. Whatever may he the ttnport
bt>-- *9 the Company, the Department shows little
cl soosition to release iron which it cs.n forcibly
l oii a: Z% cents per pound, when, in open mar
ket. iron is worth from 12 to 15 !
I oder these c.rcumstances of oppression to the
Corpanv, it was reasonubly supposed that, at
the fair market value of the iron would have
been allowed, but not so ; the iron wac valued bv
tLe Government agent at SSO per ton, which it
lov seems was intended to include ail expenses
i*Du duties It was about the price of pig iron at
the time, was 25 per cent, less than tte market
price of railroad iron in the hands of those who
bad it to sell, and is not half the value of the ar
ticle at presect 1
Iron, li ke other articles, has been rapidly nss
mg, and from the same causes. The demand is
much in excess of the supply, and whilst the de
mand is urgent, the supply cannot be increased
*n consequence of the blockade. Another cause
of advance is the depreciation of our local cur
rency compared with a specie basis, cr foreign
exchange. Our currency is in good credit at
home, but as a fund to replace our iron, it will
serve us but !itt/e purpose. It will probably
appreciati after peace, but too siowiy for our
purpose, as our demand will be urgent. It is
therefore, cow to estimate what our
aamage will be, in consequence of this unfor.u
--t-fcie seizure, but independent of the loss of m*
tTe £*' P? , our expended capital, it will
probably be heavy.
It is not the intention of the Board to criticise
Lars My tbe action of the Government. In a time
°f* e^ croli ch meats upon individual rights are
o ten sc. muted to, and sometimes necessary;
_. a I* 2 ®* Government, in peace or war, will
rr, lii * se ® acr >fice6 as equal as possible. If tbe
t^e P°®l ,C a re so urgent as to justify
r - IC k 6 i ßei2J . re °f the property of tbe citizen,
Vi J iD . dfemoit y should’ be recognized,
hrth e .public snou d make just compensation
t dooe - There IS no justice or pro-
LS ,individuals or c,asses the vie
teTt of' .hivrT ® CoD : im . v lor the benefit of the
lion it trfl r J t ,0W i C tme **' After »ome hesita»
sered iySf d !? med Dtßt to accept the amount of.
ißd2.il Government officials in this rzfartt
iu.tice n'( rf S re P ro . tet< !mg, and appeal to tbe
( ,f .v I 0 1" ttt ea,t some mitigation
Fell ind*™, 8 f° rCed U P° D > h o Company.
eapec” d bn- .h y / & .V he dama B c done us we do not
:mer! °‘ Ida ’ ,be niarket price of iron at the
•do hope aLd U “* *** awarded
matfT« o bu^, t ® tid b 5 tD made ’ we had no alter
o.ri ot r.l proceed with the work, and the
factorv rf r e P ir D ? road-bed ie making sa'is
w.ii be drinVwf 8 Tne grading to Milledgeviile
road-bed to Ma., 8 “optfis, and the whole
the ntit rear 1® W1 • P be done during
on pushing" the ‘S however, now no object
h'on nntil peace .half V We “ nnc ' re P !ace our
eountrj If to be tuJf “I* 10 re€l,ired 10 ,be
ns #2£ej perVc ana f?H aS * d DOW - ;t w ould cost
..ke v be P procur,:dl would
of uncertainty Tbw 8, » ,e
& - o‘o1?
poee onr stock subicript.Warebel^ L 5 : *
amount to ove
We.cn making a i fair allow nf.. . .• b^’>ow ,
OK-te than cover the estimate wil!
Otpecd-ct cf outfi: ned atiouM I ‘ D^lc ‘ eer .
tLbt, * Q a “ oUi a fuTx*;sa a p irt of
‘te'iorej bt^pelte S iL. r i?' ,er ‘ ,y °‘ COJ oTy b“ i
able one to the Stockholders, besides answering
ail the valuable purposes designed by its original •
projectors. The line from Vicksburg to Mont'
gomery is making rapid progress, and will soon
be completed to jSeima; and the short road from ,
Greensbori ugh, N. C , to Danville, Va., is also !
progressing under the auspices of the Confederate j
States. These roads are important to our road,
as hastening the line between Richmond and the j
Southwest and the Gulf States, For iurther de
tails, tne Stockholders are refer ed to the report
of the Engineer and tbe financial statement of
the Treasurer, hereto annexed. It will be seen
by tbe latter document that the Company is well
supplied with ready means. In fact, the Stock
holders have paid rather faster than was desir
able, aod, to save interest, sloo,oooof South Caro
lina Railroad bonds were purchased at a premium
of 10 per ceut., which could now be soid for a i
considerable profit. •
In behalf o: tbe Directors,
Jso. P. King, President. j
October l«t, ISO 2.
Tj tU Prtiid*nt and B.ard of Dirtctorg:
Gentlemen— The operations in the Engineering
Denartment are herewith resj ectfuliy submitted :
The work of graduation since the last Report has
been vigorously continued, not only with the forces
then on the road, but with large additions. Not
withstanding the hesitation and distrust leit by ail
at the commencement of the work, the policy of
the Board in ordering the extension has been 1
shown ;o be judicious, and has been attended
| with the happiest results. The caution of other
I companies inducing them to suspend and curtail
operations, rendered work difficult to be obtained,
and enabled us to let our contracts to advan’age.
Tne line between Fp&rta and Macon was
contracted to Messrs. Orr, Lockett, Thomp
son, Jossey, Collins, Phillips and Gil
bert, Lane and Brown, Culver, Bowen, and
some smaller contractors. The forces now en
gaged on the road number one thousand hands,
woiking two hundred and ten carts. The pri*
j ees paid are the same as those under tbe hrst
contracts, with a variation only in the mode of
payments, the price being sixteen cents per cubic
yard each way, without reference to haul, three
eights to be taken in the stock of the company,
thereby increasing subscription to the capital
stock to that extent. Tbe time designated tor
the completion of the work is Ist January, 1864.
With the large force mentioned above we have
made great progress, and I am pleased*to report
the completion of the graduation, masonry ana
bridging of tbe line between Warrcnton and Spar
ta, miles. Two small points of rock
remain m cuts near Culverton, wl cn could not
be removed tor wact of powder.
The grading and masonry between Sparta and
Miledgevilie is also well advanced, being fuliv
twoMthtras finished. Some of tbe contractors j
• have already completed their work betwe n '
i points, and moved their forces west of M.i.edge j
| ville. Others will soon follow, and should notu«
; ing unforeseen occur, we may look forward with
i cerainty to tbe completion of the graduation by I
j the time prescribed by the contract. Ihe grading
l of these seventy-five miles is as heavy as that of j
; any other running road in the Slate, and the exe*«
cutnn of such a work during the gloomiest days 1
of our revolution mav well exceite admiration.
. The line between Warrenion and Sparta crosses
I many large creeks ana strrams running into the
I Ogeecbe, as also the river itself. A Howe truss
undge on granite piers spans the river, out in
j crossing the otter streams, Golden, Whetstone,
, Rccjty Comfort, Ivey Branch, Long, Howell, Fuis
sum, Dry, Little Ogeeche, and Two Mile Creeks. I
; was compelled to resort to trestle wr-rk, not in
; ccnsequence of difficulty in procuring material
.iL.T : ’hfc. h» —t Tir^irVr" ——• nut also trom the
| inability of building the arched culverts neces^
| sary ! of passing these streams. With the com
j pletion of the track this work can be economical*
iy done, however, bv using cars for filling tbe
embankments and procuring the rock for thecuU
verts trom the more convenient quarries. The
culverts will oe ten in number, ranging from fif
teen to thirty feet spaE , the amount of two hun
dred and fifty thousand yards of earth will be ref
quired for making the embankments. The man
sonry between Sparta and Milledgeviile can be
made thorough, and there will be but five bun-*
, dred feet of this temporary and objectionable
I trestle, this over Town and Rocky Creeks. In
i consequence of tbe line following a ridge to the
• Oconee, small square culverts will suffice for the
drainage.
The Oconee river will be crossed by a Howe •
bridge of five hundred feet; it being useless to at** J
tempt tbe erection of the bridge at this time, we
shall put up the piers and abutments for the
same. A similar course will be adopted in refer
ence to the bridging between Milledgeviile and
Macon.
The progress of the track laying has not kept
pace with that of the grading; we have but seven
miles laid and rnnniug. Our iron, with the ex
ception of ten miles, was se z?d by the Governs
meut in April last, and we have had no induces
tnent to put down the small balance on hand.—
We therefore brought our track-laying to a close,
and have devoted the dry months of the summer
to clearing with the train some wet cuts near
Warrenton. So soon as the approach of winter
Hbaii stop this work, we will resume the track
laying, and can finish to the Ogeecbee in two
week« time. Unless some arrangement can be
made with the Government to release five or ten
miles of iron, so that we may reach either CuL
vertoa or Sparta, I doubt the policy of running
regular trains over this short distance to the
Ogeeehee.
The seizure of the iron has been a serious draw
back to the road, as, without the track, the work !
expended on the grading would be dead capital.
Could we Lave made a connection with the Cen
tral Railroad at Milledgeviile, as anticipated when
the iron was purchased, we should have done a
good business.
The right of way has been secured from War* k
renton to Milledgeviile, except in three or four ’
instances. The city of Milledgeviile has donated
to the Company the free passage through tbe
city lots and streets, and many parties between
Milledgeviile and Macon have also granted us the
right of way. lam happv to state stat the lib
erality shown in the matter, by all on the line,
attest their interest in the success of tbe road.
The Central Railroad has genenusly acceded to
a proposition for a junction of tracks'and an ex»»
change of freight and passengers in Milledge*
ville; a measure of great convenience to the '
public, and of mutual advantage to each road.
Th i statement attached shows the amount of
payments at the date of the last estimate on tbe
l'jth August; to this must be added the amount
due on the 10th of this month, approximately
fifty thousand dolfaui:
Graduation and masonry $360,415 45
Bridge and trestling 21,000 00
Superstructure of bridges 1,025 27
Spikes 2,21*3 4i j
Laying Track 2,890 00 !
Cross-ties 3,037 73 j
Division Houses 537 S 6 j
Right of way 6,686 78
Reai estate 12 SS4 00
Iron rails, say for tec m:Jes 42,5 w Oo
Engineering 20,000 uO
474.269 95
Add as above 50,000 00
Total 514.269 95 |
A portion of the hne near Macon not being de
fciiireiy located, I cannot present aDy more accu
rate statements of tbe cost of tbe whole road ifiaD
AUGUSTA, GA., WEDNESDAY MORNING OCR 15, 1862.
baa been hitherto submitted, but the prezress of
the work thus fur shows thut it n il! Tnrj but little
from tbe first estimate.
Very respectful iy, zentlemeu.
Your obedient servant,
• Geo. H. Hazlkhcrst,
Chief Eug nee".
Statement of rm receipts of the milledgetille
RAILROAD COMPANY TO THE 4TII Or OCTOBER,
1862.
Am’t Rec'd from Stockholders on ac j
countofStock f 001.938 04
Am’t rec’d from Thomas M. Turner,tor
StocEbolders in Hancock county.. 23.228 50
Rec’d from sale ol railroad iron 28,039 67
Rec’d from Confederate Ooverntueni
for railroad iron seized, in Bonds
192,000, Treasury Soles 1144,743-
42 236,743 42
Rec’d interest account 1,607 66
Total amount Jt'41,557 6!
STATEMENT Cr THE DISBURSEMENTS OF THE MILLEDGB
VILLE RAII.BOAO COMPANY, TO THE 4TH DAY OF OC
TOBER, 1562.
Graduation . v #360,415 45
Bridging and Trestling 21,000 Oo
Superstructure of Bridges 1,025 27
Spikes 2,293 41
Track Laying 2 690 00
C-oss-Tits 3,037.73
liivtsion Houses.. 537 36
Right of Way 6,666 73
Real Estate. 12,684 00
Engineering... 20.000 Ou
iron Rat is 164,928 19
Office Expenses and Salaries 4 481 S 3
incidental Exf.euses 672 18
interest Account. 3,tJ12 66
Masonry oi Br:3pe» To OO
Tota #684,734 28
Deduct stock rtce.ved in the bauds ot
the Company as per contract with U.
\Y. Orr ami others 39,447 78
565,286 50
ASSETS IN HANDS nr THE MILLEDCKV.'LLB RAILROAD
COMPANY, OCT. 4, 1662.
South C&rolu.a Railroad Bonds and
interest- #111,638 85
Confederate .States 8 per cent. Bonds. 92,000 00
“ 7.*0 per cent. Trea
sury Notes 144,743 42
! Wm Maya’ note ior stock 2,500 00
C. U.tiles’ Dote 100 00
Cash balance m G. K. R. Bank 5,269 34
#856,271 11
j Receipts #941,557 61
Disbursements #565,®56 5o
i Assets .. 856,271 U 941,557 «1
Kespectfuliy submitted,
W. Milo Olin,
Secreta y and Treasurer.
' THE UILITABY ACHIEVEMENTS OF THE
CONFEDEBATEB - RECOGNITION TO EE
: WON EY THIMSELVES
/r... I/.A 3'ir/.e«, 6#pt. IS.
Ti e people of the C- nfederate States have made
their.-eives famous, ,’f tbe renown cf brilliant
courtge, stern dtvc:,; _ t< a cause, and military
achtevemen-F a mct;j"iiout a parallel, can com
i penial* tom- t •*. -'-.tl'end p-marions of thy
itouc, then the cunuVa.en ■- i.ee antx J.,ar>nn
may be consoled atrsi*. their suffer.ngs. Fr< nt ali
ptfr'ts of Europe, from tLe.r enemies as we.l as
tbetr friends, trout -hose who condemn their acts
as weh as those Ala svti.path.ze with them comes
the tribute of admiia ton. Ween the history ot
'.bi» war is wetter, the admiration will, doubts
j Itss, beet me deeper and stronger, for the veil
! which has coveted the South wt.f be drawn awav
aod d setose a ptptureof patriotism,ot unanimous
I self-sacrifice, ot wise and firm administration,
j which we can now only see indistinctly.
! The details of that eYtraordiniry national effort
| which has fed to the repulse and almost to the de*
, struction of an invading force of more than half a
i mil'ion men, will then become known to the
world, and whatever may be the fate A the new
, nationalitv, or its subsequent claims to the re»
i sped of mankind, it will assuredly begin its
i career wttU<a reputation for gemus and valor
which tbe most tamods nations may envy. Within
a period oi eighteen months a scattered popula
tion, hitherto livmg exclusively by agriculture
and accustomed to trust for •:very product or art
and manufactures to the North, has been turned
into a self-sufficing State, able to raise an im
mense army,and conduct what is now an offensive
war. * * * * a *
It is satisfactory to find that we are not alone in
our opinions, that we did right in refusing to
meddie in American affairs, and that ihe people
meat deeply interested—namely, the Confederates
themselves—are quite of the same opinion. There
IS nothing in the paragrapt from the Richmond
Dispatch, which wepubiished yesterday, but what
may be thoroughly agreed to by every English*
man. The d.sign ot ihe writer, seemingly, is to
show that the European nations must eituer carry
on a war with all their strength against ihe Fed
eral States, or refrain entirely from interference.
It England and France will land 100,000 men each
and drive hack the Federal armies ot invasion, it
will be well enough; but less than this wi.l oniv
prolong the strife, and add to the difficulties of the
South by rousing all the passions and what re
mains of the patriotism of the F’edera’s.
This is precisely the reasoning which has caused
eviry sensible mas m England to reject the idea
oi blockade, or making any other
weak and halt-and ball demonstration ot d.siike
to tbe continuance of tbe war. The name oi Eng»
land especially wotid fill the recruiting offices oi
the North betier ttan all the eloquence of an Ev
erett, or the militiry fame of a Corcotan. The
war, whtch may niw at any time come to an end
through the leturting good sense of the Federa'.s, !
would, probably, become more desperate than
ever, the chiet tray being no longer the Cons
federate, but toe Britisher Then the multitude
of men who wouid be thrown into idleness and i
want by the breaking up of commerce would add j
to the miinary force of the Federal States. "If I
the Northern seacoast was blockaded,” says the :
Southern paper, "and the seaport cities captured, j
the North would hart; more so;dters for her ar*
trues and tew idlers to support. It the North I
was without a narv and without a mercantile
marine, several hundred thousand m-n would ;
be disengaged from their accustomed pursuits, j
be without employment, and burning with :
revenge and indignation against the enemies '
who had thrcwo them helpless on the world.” ■
On the other hand, the writer remarks that I
"it is chiefly because the South has been ,
blockaded that she has exhibited sucu wonderful -
power. It the Southern blockade were raised, j
ball the people would be diverted from the in
dustrial pursuits necessary for conducting tbe war I
to selling tobacco and cotton and money makicg.” j
It may be suspected tbat m the case oi th.s I
Southern writer the grapes oi European inteivens ’
lion are sour; but, whatever may be his motive,
he has uttered good sense on this great question. ;
An armed interference m the quarrel wouid be a
fatal mistake lor any European Power. When the j
South has expelled the enemy Irom its soil it may
be eotitled to ask tor recognition; but its fron
tiers must he both wen ana kept by its own ex
ertions.
’Communicated.]
THE IMPORTANCE OF STANDING BY CON- •
SriTUTIONAL LIMITATIONS AND LAND
MARKS, IN WAB AS WELL AS IN PEACE
Mr. Editor: My three previo is articles were
confined to showing that Conscription, Martial ;
Law, and the impress-rent of pr.vate property,for
pulltc use, without provision therefor by iaw cf 1
CoDgress, are violations of the Confederate Con- |
stitution. I now propose to strip from ali these mea
sures the plea of necessity wh.ch Las been urged
in tbetr behalf. Where was the necessity for
Conscription ? Ido not ask where was the ne
cessity for soldiers, but where was the necessity
-for raising them by a mode which consti'ntes at
once the essence and the onconatitutionahty of
Conscription—by taking away from tbe States the
pioceas of compulsion, and tbe appointment of
. the officers' 1 Which Sta-e ot tbe thirteen had
shown herseif untrue to the cause? Which one
would have refused to employ any Deedful and
possible compulsion in response to a requisition
’ upon her for troops? If anybody is disposed to
think that compulsion would have been less effi
cient in tbe bands of tbe States, let him look at tbe
1 miserable manner in which Conscription has been
! executed by Coniederate authority. Toe truth is,
’ it would have been far more eiiic.ect in tbe haDds
i ol the States. But it is said lucre wa. :t necessity
i for retaining the twelve months men in set Tice.
J If ihete was such a necessUy, why coaid not the
' requisition upon tbe States have been shaped so
. as to call for those very men? Bui wtaitver ce
) cessity -.here may have been for retain.og ttitse
' particular troops in service, it was a necessity
I created by tbe Confederate Government, wnb i.a
eyes wide open. Last Fall, long Delore the el*
puation of tbe term of the twelve months men,
9 Gen. Toombs, then a member ot tne Confederate
’ Senate, offered a bill lo replenish our armies oy a
> mode which left to the States their constitutional
' right to appolnl tbe officers. He supported it with
> „ speech which 1 have beard pronounced tbe
greatest ot bis life. Here, then, was a timely effort
to provide for the necessary troops in a Consutu
-5 tnnai way. li was deieated, because that sort of
i Dnl was not waoted. The appointment of tbe
officers was the "milk in the cocoa nufi”
l The replenishm ut ol tbe army was left to sleep
9 from that time tin the term i f the twelve months
9 men waß about to expire; a-d iben conscription
4 Durst upon the couoiiy, and, under the clamor ot
- necessity, was rusDed to a passage by the votes of
l men, many ol wuotn are now sorely repenting
their commitment to the measure, and revolting
I in botror from us logical consequences. Tbe ne
cessity in ibis case, when revealed in its naked*
1 ness, was a n-'tt.ei:y, nut for raising troops nor
tor retaining troops of a particular class, bat tor
taking away the appointment ot tfie officirs from
the Slates where the Constitution placet it, and
giving it to the Pres dent. There was no neces- ;
sity. Ago.-) ; '"here was the oectssity tor de- j
? daring mar..al „w in the several places where it j
- nas been declared by some of our military com. j
; manners ? The annoyances and hardships of mar
tial law, with its machinery of pr rest marshals
and pasßports, in detaining loysi cu zens from 1
ifieir lawtui business, and uiteL irom going to j
t their sick ana wounaed and dymg sons and oro- ,
t -hers in the army, together with me unconsuiu- 1
p tionaiity of tbtse measures, are actnowiedgec oy 1
. »ome who, neveiibdess. txLort t'._epsopie.ui sun-.
• mil to them jE acc'-osi the o-.e-t it-tor 11 ,
5 w-'i-at WAS ih:s nSeeSiHj ? What <8- use gi,.
j end to be accomplished by them which could nos :
; be accomplished without tLem ? We aie tola
i that it was necessary to iostnote a m.iitary police
5 to insure ihe aettc'.ion| bnd de-eniiun nr punish-
I men; oi datgerous persons, and tv prevent the
. o.ffusion of danger-'UB information, ."few, fLn.
] gereus persons are amenab.e to the constitutional
, .awß ot the land, and ihe d.flusion of such infor*
j mation as would give - aid and coupon” to the
, public enemy, is no less a crime than treason,
and, therefore, can be pumsbed by these saint
iaws. Suppose, then, it be granied that there
; was a necessity tor an additional police, where
' was ihe ntctssny lor chang.ng the tribunal
' lo judge and punish? Where was the ue
' cessiiy lor sunvcriing’me constitutional -Courts,
and subjecting cit.z-rns ano soldiers to a
1 set ot usurping inounals which know no iaw
• but the wili ol a military chiei ? Have the usur
pers'shown themselves super.or to the consutu
iional authorities, ether in wisdom, Justice, or
readiness to punish the enem.es oi the public
safely? The plea of necessity to justify these
acts, is as insulting to our sense as tne acts
themselves are injurious to our liberties. Again ;
Where was the necessity for the various impress."
ments wh.ch have seen made ol pr.vate properiv
in ihe name of tue public use, without any law ot !
Congress to authorise them? The .Secretary of
War, as is shown by his order countermanding
the impressment of negroes by Geo. Mercer, hoias
these se.zarts to be nut odij illegal, Oat inexpe
dient. So far from beirg necessary, ne holds them
to be inexpedient. The Congress and the Presi*
dent can not regard them as necessary, lor Con
gress has passed no law pror-aing for’thtm, and
the Presided has recommended no suer law, (so
tar as I know and believe), tho’ it is his constitu
tional duty to recommend to the consideration of
Congress such measures as he shall judge nes
eessarv and expedient. Thus it is seen that those
who urge ibis plea of necessity for these im»
presements, are at leas: very poorly supported in
their opinion by the highest functionaries of the j
Government. But let us take the marked and 1
j tatniliar case of Gen. Mercer’s impressment of j
negroes to work on fortifications, and try it on its j
own necessity. Without expressing any opinion '
as to the necessity lor tbe work, J do not hesi* j
tate to say that Gen. Mercer was not warranted in j
concluding that impressment was Decessary as a !
means, fie failed in n.s appeal to the patriotism i
of the people, because he failed to use proper ]
means to render it effectual. Previous to his im
pressment, be sent out no agents to hire negroes,
»o lar as we know in this part of :Le State, nor
did he even luruisb any basis of judging what !
would be fair quotas of bands for counties or '
dividuais. Did he expect tbeVowcers of negroes
to send him all they had, for him to take what he !
wauled and send the rest back ? The impress* j
men: may have been a very conven.en: means of j
getting the work done, but the plea o; necessity
oreaks down in this c*se, as it all tht rest, be
fore a candid scrutiny. TL.a e.ecessuy ,k the !
universal plea of the usurper. It is generally ;a j
pretext, and, under our happy Constitution, t is
always untrue
Thg Constitution of the Confederate States w*s
made tor war a% well as for peace, and the powers
conferred by it on the diSerent departments of the
Government,are fully adequate to every emergenev,
without the least of thtm, either by
forced construction or by usurpation. Not only
was it made for w*r, but it was made by who
had just emerged from a seven yea s contest for :
national rX'.s'ecce, and wno were, then tore, fu-
DQtlt&r withal the necessities of war. This plea j
of necessity for usurpations n time of war-, can
never impose upon our people so long as thtvv
remember tbeir history. Tbe war or our first
revolution was brought to a successful issue
against the most powerful nation in the world, by
thirteen independent .States, Without udv central \
head with compulsory powers. The war of this, j
our second revolution, was produced by centiai 1
usurpations. Lei these great lessons be pondered
by those who turn pale at any assertion of State '
rights, and who would persuade us that a strong
VOL. 15-No. 42
central power is so essential to success in war
i that we should allow it to be created by usurpa*
; tion where it i« not conferred by the Constitution.
| There is another great lesion which should be
| deeply graven upon the hearts of ourpeople. The
present passing drama in the North wares us
that war is a season of peculiar danger to liberty,
affording special facilities for u urpation, with
• necessi’y as the pretext, and armies as the instru
ment. To-day, the natiic ofou r enem?is under the
heel of an iron despotism—a nuustnus usurpa
tion, based upon the necesiues ot war. A Bast.le
iis the instant late of those there who dare to
j speak for peace, or to arraign the »yran t for his
usurpatiOLS. T r e end is not yet, but it mar be
mgb at hand. There is but a single step from
1 the Bastile to ihe guillotine and the cord. Tuey
have already passed the point where they could
’ j t“*Te organized an op&ofciuon, for now the heads
*of oppus. i »<*»'. are crushed as fast as they appear.
I doubt whethv that peoj le will ever bold anoth
; er Pre-idential election, unless, by our aid. they
. overthrow the Line. In usurpation Shall we,
ike the Pharisee, thani Cud that we are not as
* i other men are, or shail we take warning from
1 : the iast-thekeoing late of onr foe, and. while it
. is yet time, call rur rulers tots* standard of the
j | Constitution ? There is an jtLn consideration
, which addresses itself to rulers at -1 people. I
• I have alluded to the overthrow of Lincoln’s usur
; ; nation, by our ad, as a p *ss ble event, I cannot
, ; help regardmg it as a probable even:. ;*mi as af*
! fording the b*.st prospect which we uow have of
’ gaining a recogniz d and solid peae.*.
‘ 1 The usurper, Lincoln, will not give us peace on
’ | the basis ol independence, nor on any other terms
j that would disband his armies before he is firmly
j settled in the saddle of his usurpations. To get
’ a solid peace, we must overthrow his Government;
and to overmrow his Government, we trust rally
| a party to our assistance in me * orih. To do
| this, we must t .row an a~my into tfter midst, for a
nucleus and support, when tney become ripe for
} a rising Ido not believe they ai ,* ripe yet. but
■ they will become so under tbeir fast-thickening
I oppressions Our rallying cry on that miss.on
must be, ‘ Down with the usurper, down with the
oppressor of the South and the North. When w e
raise this cry, bow indispensable that we shall do
so with clean bands! When we ask them to rise
I against oppression and usurpation, how needful
" i that the banner which we untold to them shall be
j tbe banner ot liberty respected, and constitutional
f j limitations faithfully observed. One more argu«
; | ment, Mr. Editor, and I close this article, and,
1 I with it, the promised series.
Harmony is exceedingly dosirablein this gigantic
struggle for independence. The only possible
mode by which oar rulers can produce harmony
among a people born to liberty, is a faithful ad
herence to constitutional limitations and land
marks. 1, for one, devoutly thank God that it is
so. No other harmony would be woith the hav*
mg, and I rejoice in believing that no other can
be ob ained. Just as Lincoln's usurpations will
be an element of discord h d the cause of his
overthrow, so will fideli .* U» he Constitution, on
the pa?t of our rulers, be the bond of our union
and me ark of our safety. The sooner this fact is
accepted, the better lor the country. The people
‘ are not disposed to hod fault with the Govern**
| ment of ir.eir choice, in times of public danger,
I for any bu* very grave causes—ana their forbear -
j ance has been marked. But our rulers are already
beginning to earn that there is a limit to the
foroearance of a people imbued with the spirit ol
j liberty. Conscription has lost large ground iu
! Congress, the Secretary ot War has forbidden the
j seixure of private property for public use, without
i Me authority oi law; and the President and Cou
grese have set their to acous durable extent,
aainaMr*Aruai LiW. ke i boil cmi%
’ . olhtfriie.- aa fractions of
jifce Const’tution, let independent Judges do
their fearless duty in prouo’inc’ng them void,
iet a patriotic press hold tir.ui up to the
reprobation of the people and tin- avoidance of
our rulers, and the g >cd wor k wiil s jd reach
its consummation. We sha'.l theu have bar*
toony, lodt-ed, and. under the favor of Provi
dence, we shall acnieve opr independence. aud
i also preserve* pur Constitution.
4* ——»•
GEN LEE TO HIS TROOPS.
: Fr>m iKe R e \nv>nd [ Fa.j Examiner, Oct.
The following address to his troops, issued by
Gen. Lee uoder the form of general orders, ou
tne 2d of October, mat., was received at the Adi
jutam General’s office on Monday, the btn ;
Hu a dcj’as A am* of Northern Virginia, )
October 2d, 1862. )
j Grnbral Orders, i
No. lib. ;
In reviewing the achievements of the army
during the present campaign, the commanding
| General cannot withold tht expression oi his ad*
i miration of the indomitable courage it has disa
! played in battle, and its cheerful endurance of
| privation and hardship on the march.
Since your great victories around Richmond,
you have defeated the enemy at Ceda r Mountain
xepelled him from the Rappahanftock; and, after
a conflict ot three days, utterly repulsed him on
the plains of Manasses, aud forced him to take
shelter within the fortifications around his capi-
[ ! Without halting for repose you crossed the Po
| j totnac, stormed the heights of Harper’s Ferrv,
1 made prisoners of more than eleven thousand
men. and captured upwards of seventy pieces of
artillery, all the r small arms and other inum
j t ons o! war.
i While one corps of the army was thus engaged,
the other insured its success by arresting at
; B jonsooro' tn** combined armies of the enemy
advancing under their favorite General to the re*
lief of their beleaguered comrades.
On ’.be field of Sharpsburg, with less than one*
third fa.s numbers, you resisted, from daylight
until dars, the whole army of me euemy, and
repulsed every attack along his enure front, of
j more than four miles m extent.
! The whole of the following day you stood pre
j pared to resume the conflict on the same ground,
andreti-ed next morning, without uijlestation,
1 across the Potomac.
Two attempts subsequently made bv the enemy
to follow you across the river have resulted .n his
complete discomfiture and being driven
with loss.
Achievements such as these demanded much
valour and patriotism. History records few exs
amples of greater fortitude aud endurance than
this army has exhibited; and 1 am commission*
ed by the President to thank you »u trie turns of
i the Confeder r .e Slates lor the undying lame you
| have won It ’.he.r arms-
Mueh as ,oa have done much more remains to
be acctimplibbed. The euemy a<*a n threatens us
w: L invasion, aud to your tried valmir and pa
' tnotism, the country looks with confidence for de<
' ii Terence and safety ; your past exploits give as
surance that th e confidence is not misplaced.
R F. i.mt.
Geceiai Commanding.
Keo* ies Army or Xorthkan Yi«gim».—There
were a number ot armais v-,wrdav uireet from
lue aitny under General Lee, bn- the mielliaence
brought ny them is of no spe-ciai inteiest " Tne
nje u body of oar forces bad ntored tot wait! from
Banker Hid to the ncinity of M tie nsbut g. The
Y aokees, except the fnace behind the entrench,
meets at Uaipet’s Fekrv, etii! remained .|uiet
and without lnuicattuDS of a nn rement, on the
! Northern oask of the Potomac. It was reported
atd bt ieeed a. Winchester that .McClellan's
; troops were so utterly demoralized, he feared to
; attempt ape either sdvince or retro*
gade —Jikfimond . Hi. Imtar, Oct. 8.