Newspaper Page Text
THU CONSTITUTIONiLIST7;
PUBLISHED BY
JAMES GARDNER
AUGUSTA, GA.
WEDNESDAY MORNING, NOV- 5. 1862
OFFICE ON HHOADsTHEE'I ,
Tun** the osc«oia4All*oai>bas*
T EU MS.
INVARIABLY l.\ ADVANCE.
.All Caper. Hiopped al the end of the time for j
runic previously renewed. ]
, ■—
‘•KEEP YOOR POWDER DRY"
This significant piece of advice derives espectri j
force from the present peculiar attitude of affairs :n;
. oor country. The recent intelligence from EuropE |
as announced by the New York Ai cpfest, it it oan j
• be relied on as true, that European powers design
very soon to interpose in the present war by an
offer of mediation, and, in the event of the offer
being rejected, to recognize the Southern Confed
eracy, may cause our people to relax their wars
like preparations, and trust too credulously in the
efficacy of that interposition to stop the war. It
is never wise for a people to fold their bands, ard j
to depend on any interposition, Divine or human,
to accomplish national results which cun be 1
thoroughly wrought out most effectively by their j
own prowess. Thsy had as well wait listlessly j
npon the sunshine and the rams to make crops i
fur iheui without applying the labor of their
own nands in the culture of their fields. The j
offer of mediation does not necessarily bring an j
armistice—nor would an armistice be followed as i
a matter of course by a permanent peace There j
<an be little doubt that the majority of the popu« I
iatioq in Yanxeedwm are tired of the war. It that
majority could speak through the Yankee Govern
ment,some progress might be nude toward, peace
without ibe intervention of European powers.
But the pride and passions of those holding then
reins of the Yankee Government, and who can
uni oe displaced by the peaceful process of elec
lions fur one or two years to come, n.av stimulate
them to continue this atrocious war upon the.
South as long as they can raise men and money, j
They are inlluenced by every motive cf personal
vindictiveness and party consistency to persevere j
in this war to iho buter end. They are commit- i
ted before the world, and to their constituents, to j
reject all overtures of mediation, and to resent, 1
with the sword, the recognition, by other powers, j
of the Southern Confederacy. To what extent j
they would have the nerve and the audacity to at- :
Uiupt to make good these pledges, it would
now he a waste of time to indulge in speculations.
This much, at least, can he sefely asserted ; there !
will be no great alacrity displayed by the Yankee
officials in accepting overtures, and complying
with the demands made by European powers, acts
mg in the interests of humanity and civilization
There will at least be a preliminary display of
Yaukee indignation at wbat they will designate
impertinent interference in a domestic quarrel,
and a reluctance, or an affectat-.on of reluctance,
to give up their cherished project of conquering
and humiliating the South. It is quite reasonable
to suppose that they will, in anticipation of this
fortigu interposition, redouble their efforts and
increase their .armaments. They will seek, while
their hands are yet unfettered, to do the South all
the harm possible. There are cities yet to be
bombarded, forts yet to be battered down, terri» j
tones yet to be scourged and devastated, negroes :
yet to be decoyed or forced from their owners,
.and the seeds ot servile war, rapine, and destrucs j
bon to he sown.
l.et ns, then, euiphaticallv repeat the injunction
to the Southern people, "Keep your powder dry.” j
Let every soldier be on the alert; let every able- ]
bodied man step forward to the general defence, j
let every available weapon be burnished for the |
field; let every man and woman and child at i
home, that can do anght to help and comfort our I
brave soldiers now in camp, strain anew their en- j
orgies, end relax their purse strings, in the com- !
mon cause. Anv appearance of faltering, nr luke- .
warmness—any weak reliance upon foreign aid, i
leading to supineness, and want of preparation, !
will be taken advantage of by oar wily and watch- i
fut enemies, or may he misconstrued by them. '
They may think that the South is so tired of, asd
exhausted by the struggle, that thev are already
ball conquered, and would yield ;a despair it
vigorously pressed for another campaign or two.
Let us show them that,white our people, conscious
of the rectitude of tbeir cause, and indulging a
pious trust in the favor of Providence, yet depend
on their own right arms lor its vindication.and are
“keeping their powder dry.”
Thus will the Boulh best conmiandjthe respect
and good will of the nations of Europe, and cause
her vile and detestable enemies to see still more
plainly the hopelessness ot their atrocious designs.
This is the true mode of operating on public
opinion, among the Yankees, and of seconding
the European policy of intervention and recog
nition of Southern independence.
THE FATE OF A SPECULATOR
A St. Lonis correspondent gives the following
reminiscences of a collapsed millionaire and
f speculator;
The once celebrated John Beal Steinberger,
better known as Baron Steinberger, died here
October 14tb, in reduced circumstances. Stem
berger was a partner of Nicholas Biddle, »nd at i
one time the twain cleared three millions of dol. j
lars in a siugle speculation in cotton. He cum- i
meuced life as a cattle dealer in Virgiuia, and lor I
a long period controlled tae beef market of that i
Slate. Subsequently he attempted to control the
entire beef market of the United States, and lor
a time bade lair to succeed, but the combinations
of other dealers broke him down and accotn
pltsbed lor that time his hnancia! ruin.
Nothing daunted at his ill-luck, he again en
tered the commercial arena, and speedily rose to
his toruier position. The old United States Bank
loaned him a million dollars on his individual
security, and {bis credit was considered good tor
double that amount, lie was one of the principal
partner s concerned in breaking the United States
Bank, and bunging upon the country the financial
troubles of IS3S.
lu Iblk he went to California and engaged in
immense speculations in cattle, amassing a splen
did fortune and losing it as before. When Fre
mont took command at this Department he came
hither and was tn the employ ot some of the beef
couuactors to the West, lim habits of dissipa
tion interfered with his business and lost him
employment, and of late he has been in needy
circumstances. His wife was a daughter ol Col,
Baras, ol Virginia, and owns property in her own
right of over hall a million dollars in vaiue. [n
his days of prosperity, Steinberger was iansh in
his outlays, and frequently gave dinners costing
upwards of SIO,OOO.
In Lancashire, says the London Daily News
every stranger is accosted with the inquiry, "Can
ye tell us when the cotton’s a coomta’? 1 ' and the
same tbougn; is npriermost .a the mmds o! every
body elsewhere-
THE FEDERAL NAVY.
| The Federal Navy had accomplished but little
, io the present war. It has confined its operations 1
I principally to weak points, or where favorable re- !
\ salts could be speedily obtained. It baa, however, j
| been greatly strengthened during toe past sum*
i mer, and will, no doubt, endeavor to retrieve its
! character in the offensive operations upon our oea
coast, which the approaching winter will inaugu-,
j '*•
According to the "Navy Reg'ster" of the Abo- .
*ion Government, that branch of their service '
cw cumbers 386 vessels, 52 of which are iron*
j led; and of these 14 are afioat and 33 building
New York, Jersey City, Boston, Philadelphia,
Portsmouth, ht. Louis, Cincinnati, Pittsburg,
| Browusville, Chester, and Wilmington The 14
I iron ciads in actual service carry an aggregate of
j 153 guns, and count a total tonnage of 14,465; and
: the entire 52, when completed, will carry an ag- i
gregate of 253 guns, with a total tonnage of :
; 47,«i*«.
! This is, certainly, a very form:dable navy, at ■
! least on paper, and may do a great deal of injury
I if we are not pioperly prepared for them. But,
with proper preparation, wi»h energy, with braves i
ry and determination, we can, with the he»D of
Providence, resist even this seemingly terrible
navy. Good fortifications, heavy gnus, stout
hearts and strong arms, competent leaders, and
treacherous winds*, may scatter the Abolition ves*
Jtfcr and destroy these formidable flotillas. We
! have only to tmnk of heroic Vicksburg, aud her
successful resistance, to enable us to
| emulate her ?xample au i achieve as glorious a j
| succe&f.
• Lilith*Caro'ina and Georgia, will, doubtless, be
' the 5 at to receive the unwelcome visits of the
: Yankee navy—Mobile and other points to follow
I next. Let us hope that we shall be fully pre
i pared to meet the emergency. If the defensive {
J works are not yet completed, let every slave j
• owner contribute bis slaves to the ciuse ; let
j eveiv white man capable of bearing arms, no
’ mutter whether exempt or no*, consider himself
i asoSJ.er, and with this view, let military organ
xiti »as he perfected ia every city and tow a in
j -he Southern S ates.
We appeal to the people of South Carolina and ]
I Georgia especially. Charleston and Savannah '
j must, and will, be defended a; all hazards. But,
for this resul*. the accomplished Commander of !
| ur coast and h:s brave men must have the sup* 1
i port of the whole people and the authorities of j
these States.
Remembering the fate of N'ew Orleans, what '
patron in South Carolina or Georgia will refuse
| to do his whole duty in the hour of danger * Re
membering the fame of Vicksburg, what patriot
! in those Stales will hesitate to emulate her ex- j
| ample at Charleston and Savannah 5 Remember
; mg the cause in which all are engaged, what pa
triot of these States will not put,fortb every ener
j gy at command to save bis State from the disgrace '
and terror of Yankee Abolition dominion. Let
every preparation be made, then, to meet the
seemingly formidable Navy that is about to be
hurled against our cities; and as glorious victories
as that of Vicksburg will reward the valor of our
troops and the patriotism of our people.
OOV SHORTER 3 MESSAGE
Got. Shorter’s message was read on the 90th
instant to the Legislature of Alabama, now in \
session at Montgomery. The Governor, after an
allusion to the war and the salt question, states
that the salt works in Clark and Washington \
counties, Ala., produce about 2,000 bushels daily,
which the State can afford to dispense to her citizens
atihersteof |-2 per bushel of 50 pouuds; snd
urges that other States be lDvited to oisist :a the
; development of the sal.ne resources oT Alabama.
This policy is in pleasing contrast with the
| course of the authorities of Virginia, and, if the
I offer te made, will, no doubt, be gladly and grate
j fully accented by the States to which it will be 1
| tendered.
The Governor also states that contracts have
i been made to receive for his S’ate 30.000 bushels j
' of salt from Saltville, Va., at the price of }1 24
i per bushel.
He recommends that a tai of 2? per cent, be lev
j ted on the State tax for the benefit of the families,
! widows, and orphans of Alabama soldiers—.voiu
i uuteers and conscripts; is opposed to the distilia
! non of grain, further than is necessary for medi.
| cma! purposes; and againsl giving licenses to sell
liquor in any place where cur troops can procure
it
He is, also, ia favor of exacting military service 1
from all persons in the State, from IS to 60 years
of age, for the defence of slave property and the
S.ate.
GEN SCOTT
1 We published, recently a letter from Gener-l
> Scott, which was read in a speech by John Van
Burea, at a Democratic meeting in New York
: I city, and which placed the General in a very dif*
1 I ferent light befote the public from that in which
‘ : he had been prtvtou-ly viewed. It will be re
j membered in that letter that he warned President
! Lincoln of the magnitude of the job which he had
; undertaken ia endeavoring to subjugate the
! South, and with a prophetic ken foretold the dif
| Acuities and expenses to which the Abolition
| President has been subjected in his vain efforts
(o accomplish an impossibility.
I But General Scott, it seems, fears the effect of
j that letter upon his reputation, and, therefore,
| publishes another letter showing his devotion to
! the Union, and his anxiety to save it and the forts
j in Southeru harbors at the time the secession
! difficulties commenced. The letter is too long (or
publication, but the subjoined editorial preface to
I it, taken from tbe National Intelligencer, of Wash
ington City, will give a pretty fair t lea of its !
character;
Burly in the last year, when civil war seemed 1
impending, but had not actually broken out, ;
General Scott, then at the head of the army,’
wrote two papers contaiumg his views, profes
sional and political, on the crisis, and the rights
and duties which devolved on the Government in
the momentous conjuncture. These two patters
were subsequently lent to many friends is read
and one ot them has recently been published)
without the writers consent, evidently for a partv
purpose. As the illustrious old warrior proiessed
to belong to no other than tfca; of the National ■
Union, he has deemed it proper to give to the
; public bimse f the second of ‘the papers referred !
to. lest it also might find its unauthorised way j
into print. He has, therefore, forwarded it to us
for insertion in tbe National latelligtocer, hav.
mg added to it a few Explanatory notes, which
the lapse of time seemed to render proper.
The paper now submitted to the public by Gen. !
Fcott throws a flood of light on the history ot the I
rebellion in its incipient stages, and will inspire
every reader with deep interest. It establishes, j
in the first place, the patriotic anxiety of the wise ■
and watchful General-in chief to prepare for the *
coming storm, and his earnest and repeated efforts j
to prevail on the Government to garrison aDd i
secure the Southern forts against every possible 1
attack; and it d-scloses, in tfce second place, the j
causes of his failure, which, it is now evident
resulted from the indecisiqn of the Executive,
f misled, doubtless, by treachery ia the Secretary
of War, if aot in other members of the cabiaet ia
whom the head of the Government reposed a
! misplaced and abused confidence. This paper,
we may add, must have the effect with every can
did mind, of riudicaiing the character of the
1 lilustnous Teteraa General h mself from imputa*
tions with which he has been recently assailed bv
presses whose standard of merit is r**ga luted only
by party tests.
CONFE3EaAT£*CHOOI. BOOKS
Southern teachers and Southern school hooks
j should be the precept and the practice of the
Southern people in their educational policy. Too
i long attache ito the car of Abolitionism—o? Vann
kee fw.sat.cum— and of Yankee duplicity, we find
ourselves at ts.s time totally deficient il the fa.,
cilities for educating our children—particularly
>.n the item of 3chooi bocks. Os these, we have
been so much accustomed to depend upca such
i trash us the Cowperth whiles, the Petersons, or the
-iippincotts, of Abolitiondom, chose to force upon
our people, that we find ourselves, now happily
cutoff from such sources, with few or no aubsti*
mtes. Th.a is a terious, but, we hope, a temporary
inconvenience; an i. one that will s on oe repair
ed. The subject is of vast importance to the peo
ple of the Confederate Slates—and cue which i
should engage the serious and earnest attention I
of our legislators as well as of the people generally. ■
We are pleased to see that North Carolina has
moved in th.s matter, and ?hat school books have j
already been supplied oy authors n that State 1
The Charleston Cour er g;res the following para
■ graphs m reference to action
j Cos yrder atk Tax? Booss.—At a .ate meeting 1
j of the North Carolina Educational Association, a |
I committee of seven was appointed to issue an
address to the peopie of the Confederacy :u re
gard to encouraging Smihero iiterature and fos
tering the production ot tfonthern Scho >1 Books, i
Ttiis committee consists «»f His Excellency, Z. B j
Vance, Rev. C. H. Wiley. Rer. R N. Davis, Wm. i
j Johnston A. vV. Burton, E J. Clemmer, and W* J. !
j Yates.
■ The Chanotte Democrat sutes that * during the
! discussi'/LS in the Association, the gra.:tying fact .
was made xuown that the wim of School blocks
m this State was being supplied to some extent
by North Carolina authors. Professors Sterling
aid Campbell, ot Greensboro', have already is- '
sued rfevera! thousand copies of two Reside* a and !
t Sped og Book, and we learn that the demand is i
| no great tor these books that they are uuable to 1
supply it ut present. Professor Smythe, of Lx* !
ington, has issued a Grammar which has also met j
w ith good sale and great detnaud. Prof. Linder, 1
of High Point, has in procest of publication an
Arithmetic which we feel cert a'n wilt bota gratify ,
aud satisfy the Southern publu when it is put in I
the market. All these books art gotten ip in good
style, considering the scarcity ->i printing mate* i
rials at this ti a:e."
What we need ,saa educatunat -ystem that i
will compart with the mstituti *l3 ani society of j
the South. Bigotry, sectarianism, and Abolition*
ism sh aid find no abiding piece in the text
books of Southern schools, but a pure, mora l ,
and Southern sentiment should characterise all
such publications.
The ensuing Legislature of Geoigia should take
this subject into consideration, aid make an ap
propriation for the encouragement of Southern
eduoationa! authors, and a Southern educational
literature.
The teachers of the State might assemble ia
convention and appoint a competeit committee to
prepare such text, books as are deemed most use
ful, to report as speedily as posabie back to a
subsequent convention, to which scientific gentle*
men, outside of the schools, might be invited,
and their views obtained upon the kooks present
ed for the .nspection and decision of the coaven*
tion.
Such books as are accepted might then be
printed by a committee appointed tor the pur*
pose, the expenses to be paid from a fond loaned
by the Legislature—which fund could be return*
e<i on the sale c f the books.
We simply m ike this suggestion because we
believe that there ought to be some action on
this important subject at oooe, aud that theprcp
i er steps should be taken to drive out the Aboli
! non text books from our couitry as effectually a* i
1 we intend to drive out the Abolition invaders j
| from our borders. Perhaps some better plan may j
oe suggested. If so, iet i; be adopted . but wbat*»
ever is done, iet it he properly and promptly
i done.
A DEATHBLOW
From the tfr* Hare Observer.
Msssaa Editors: It strikes uae that the Presi
dent has not gone in r euougk in his proclamation
of emancipation. Under thi War Power, which
makes it lawful for him to do anything he pleases j
to break down the rebellion,he has dissolved the j
i legal relation existing betw-ea master and ser* !
j vant after January 1, 1863- Now would it not be i
a death blow to the rebel ! :>n if he would also !
' proclaim that ali other State laws shall be repeal- '
ed, and shall be of no force whatever on and after
that date. There ore othtr relations, such as i
I husband and wife, parent ind child, debtor and j
creditor; there are laws to punish stealing and ,
I murder, and a thousand more mat may ail bean* i
1 milled by a simple verba! proclamation of the i
President. It is evident slat if the rebels see j
: that they are to have no servants, no wives, no I
I children, no laws of any kind after next Christ-. !
i mas, they will come and ay down their arms I
j without any more fighting. I would, if I were j
i one ot them, and such dreadful things were !
■ about to bappeu.
j And even ibis is not enoigh. If we have the j
right and the power to do al> these things, would |
| it not be well tor the President also to issue bis j
Proclamation, and order Jefferson Davis and ihe i
Rebel Congress and all the army of the South to •
leave the country at once?-banish the whole *
crew, horse, loot, aad dragoons * As to the ab» ;
! street right of the President to do it. there can be j
j no doubt in toe mind of any man who believes in j
* ihe right to abolish slavery by proclamation We j
| all know the President as’commander-in-chief, t
j has to do whatever he can to injure «he enemy, to !
| put down the rebellion, ani restore the Union. ]
1 What could be more effectuil than the immediate ;
banishment of *he whole Southern army, in- ;
* eluding all capable of bearing arms between the |
j ages of eighteen and forty-five, and all male white i
oersons as soon as thev beome eighteen years
old.
Oae more suggestion. The President is very i
much hampered by State rights ; the Governors j
of the loyal States' are often crotchety and seme* j
times troublesome. Would it not tend to the
great increase of efficiency in the Government, »
and the more speedy suppression of the rebellion, !
if the President would* issue his proclamation i
aDolishiDg all Stale lines, and removing ail the
Governors of all :he Stat s loyal and rebel ? U»- f
der the War Power he can do what he thinks (
necessary to pu: down the rebellion, and this last I
measure would be the final death-bi Ow. It has ,
had several death-blows, but this would kill it !
dead. Papikr Machs.
Fiftß —On Monday uigb* 27th last,, the prem
ises ot Mrs. Chapman were set on fire bv some
vile incendiary * The stables containing her
horses, end he? com house were saved, though j
very uear the bui'dmgs consumed by fire. No j
damage was done to either the dwelling, j
kitchen, or houses occupied by her servants. Tne •
people of our cities, os well as the country, should i
be watchful, for they win need ail possible vigN *
lance to protect their property from destruction. '
Grrffin Ga.) Coaiederate States, Oct. 80.
In Keotuckv, some nme since, a Judge '
seized a bench five feet long and fl mred a contu
macious lawyer. The laUer boasted that ;; tcck ;
he whole bench to pub him down
THE COIISCRIPT ACT-VTEW3 OH THE QUES
TION OF ITS CONSTITUTIONALITY
i from t\e Savannah Republican, Oct. 28.
Mr. Editor: The constitutionality of the act of
! Congress commonly known as “The Conscript
Act, M is claiming a large share of public atten
-1 tion, and as it is one of magnitude, I hope that I
I will be pardoned for bringing up the subject. Th\;
I “b .est argument on the question that I have read
:s found :a the correspondence between President
Da vs aud Governor Brown. But t-ven in that
discuss.oD, it seems to me, that issues are raised
i and conclusions drawn which are not logic*! eff
, spring of the question.
| The main question, which is, “Is the Conscript ,
Act of Congress constitutions covers another i
> question which should first be determined, and
mat is; Can Congress pass an act for conscrip* i
tion r tor it m*y be taut Congress can pass an j
act tor conscription, and yet, .t may be true, tint ;
this particular act is unconstitutional.
1 This act was parsed “to raise armies.” It is j
j not demed that Congress has the power “to raise
, ■ »nd support armies.'' But the objection is raised
• that under this grant of power Congress cannot
i adopt the mode of conscription, Tnen ibe whole 1
j is simply on the mode which Congress must adopt |
| ia the exercise ot the power “to raise and support
I armies.’’ The objection that the mode of con*
! scription is not within the grant of power, is based
j on me Jtf’.h clause of the jth section ot the Con.
j federate Cons nation, whicn is in these words:
“Congress shall have power to provide tor or- j
j ganizmg, and disciplining the militia and tur ■
j governing such part of them as may be employed
m the service ot the Confederate Slates; reserving
to the Slate-, respectively, the appointment of the ■
j oflicers and the authority of training the militia ;
J according to the discipline preseno-d bv Con. .
gress.”
I snaii not stop to define the term militia. 1 :
take it m its broadest sense; whether a*s “a b'-dv
| ot soldiers .n a Stile enrolled for discinfinc,” with
other:a appointed by the States or as 'men able to I
; bwr arms out without any organization. But it
is affirmed that the foregoing close secures to
raefi Mate the r.ght to appoint all the cffic.TS, j
I company, field, and general officers, whenever it© '
j m iitia are employed ;n the service of the Confed*
j erate States. If tsis proposition be true, theu it
j follows that Coogre*s cannot exercise the power I
to ra se arnn* i except by “culling out the militia" j
w.iii the officers ut>poiritea by the .States. For.
as the militia of the is the ouiy body cf
! L‘en fr >m which Congress Car. draw to" raise* j.u
ai riiv, and us they could Do? be implored without
; ulso employing ail the.r officers appointed by the
j States, the conclusion is lnevitab'e, that the power
to raise armies is nothing more than »he power to
, call out 'he miSit'.a To make this conclusion
; c ‘ t>ar to an, i wi.! suppose a case which is history
i w ' l! ch is the history of our young Republic.
Mipp-.-s.? wren the ( -alederiie Government was
! nr.*,. lormeu it had been formed in the midst of a
revolution, and without an army or a soldier, and
a powerful army had been iovad'ag our territory, *
; aud that Congjess had determined it to be ceces* S
.*arv lor the security of ou- iodepeudeuc“ that an
! shol,w be rtti:sed - Where would Congress
• have looked for men ? Why, to the armsbearing
; population of the Confederate Stages, whether or •
! gunized or not. But who are they J They are the
militia of the States' There are no otheis. The
, fighting men of the Confederate States are the
fighting men of the several States. Congres
determmes to raise an army of live hundred thous
and men, aud calls for volunteers. They do not
respond, and Congress orders a dralt; Governor
Brown object that the draft is unconstitutional,
lie ?ays to Congress “Such of the militia of I
Georgia as you employ in the Confederate aei vice, I
vtr; must take as State orgamzat oaa with ail their »
officers appointed by the State
BSuppae, again, that our government bad begun
existence aud had continued in a state of peace,
and Congress had passed an act to raise and sap*
purt an armv. This, Congress has the mdispuTu..
ble right to do. There are various clauses in the
Constitution which recognize a standing army.
A dralt is ordered. It Guv. Brown be right, could
Congress raise an army except by taking officers
appointed by the States ? Unquestionably not,
And why? For the reason that as there are no
men except the State rmlita who could be drafted
Congress cannot employ anv of them in the
per vice of the Confederate States without taking
such officers as the S’ates, respectively, mav ap
point over them. ' ' r
What, then, becomes of the power to raise
armies * It is an illusion and deceitful redun
dancy ; tor the Constitution would be as compete
as it is now, if the words “to raise and support
armies ’ were unified, and only the words “to cal! I
forth the militia” remained.
It would follow, also, that Congress could nor :
raise an army by accepting volunteers; for if it
be law that Congress can od.'v raise armies
through Executives, in other words if it |
| »e true that Congress cannot draft, each Bta'e
j coaid constitutionally pass an act declaring everv !
I man of ltd militia a deserter who might leave the
j isiate and enter the Confederate mihtarv serviee j
without theconarot of the Commander-'in»CL'et!
of theSiiiie, and under the Zd clause of the ti 1
section o! the 4th article of the Confederate Con- !
atuution, the Executive of the State whence he
fled could demand him of the Executive of anv
State where he might be found. If Congress can- 1
not raise an army of five hundred thousand men '
without calling tor Slate mi'itia with .-(Beers ap. j
pointed bv the States, it cannot rales an artnv of!
live tuousand tnen except in the same manner— i
For the power to raise armies is not limited a, to !
the number of sold.ere to be employed. Cou-1
giess being enuusted with the public'detense, is j
also vested With discretion to determine the force
necessary for that purpose.
! The opponents of the Conscript Act dare not!
j submit that Congress can take a sirgle man from
a State without consent of the Executive, for the <
purpose of '‘raising armies.” If they admit this,
tb-' argument is at an end; for the right to take
; one prores the right to take all, except the Suite j
j officers, lor Cougress is the judge whether one or '
tec thousand or five hundred "thousand soldiers
| are to be employed for the public defense. And
opposition deny the right of CoDgress to •
; draw the men wno form the militia bv ones
j and by twos, either by receiving teem as voluns
j teers or through a draft, because as thev allege.
: '-1 113 oi the to appoint the officers might
m that way be defeated, they are forced back on
J ‘oat other izroond which is utterly untenable, that
i at>ne of the nuiitia cf a State can oe employed in !
j the Confederate serves without thev are accepted I
• through the Executive as State organisations; for, j
; ihe appointment of officers necessarily implies '
: the existence of a body of soldiers organized to
suit their rack.
I >a:d above that the right to take one soldier !
I applied the right to take ail, except the proper
1 State officers. This leads me to notice what j
. seems to me an erroneous conclusion which Gov
! ernor Drown, and Judge Thomas, and Mr. Vans
I 'ey, have drawn, in considering the Conscript
j Act- They a! ! say that if Congress can conscribe <
• one citizen in a estate, it can conscribe ali; and;
j thus could destroy State Governments. This i
seems to be almost illogical deduction. It is an j
argument not cnfrequently made, however, which !
! * power must not be used because it may \
j be abused. The questi n is not whether Coo- j
#iress wii. abuae the power, but it is, does Con*
J gre»s posses? the power to conscribe citizens of ;
j the States v Because they see how the power ■
might be abused, they cut the knot by denying
I .ts existence, but the power to conscribe mUv
, exist without the consequence thav so much
.dread. Congress may conscribe the citiiens!
ot the Mate* to a certain limit, bat bevond
I mat Limit the power does not go. That
j limit is as clearly fixed by the letter of the Con*
j stitution as is the power to “raise armies;** ana!
**hen Congress attempts to exercise the latieil
pewter to an extent violative of this, limit, just at j
-but instant the Act of Congress becomes void.
The provision in the Constitution flfc which I refer,
uaa which limits the exercise ot the power ot
; conscription, is in these words i “The" Coaled- !
j States shall guarantee to every State that i
; 18 :,r hereafter may become a member of*
I this Confederacy a republican form of govern- !
; meet. hat can be plainer than that»if Con-j
, gress had t>a.*sed au Act to conscribe the Govern- *
•«t members of Legislatures and ether State i
officers, the Act. would have been void: That j
would have been destructive of a republican form I
of government, aadjno Court would Lave regard*
, e J the Act for an instant.
j From the foregoing the following deductions
are derived
That the pt>. wer “to raise and stop„ r t arnies"
is distint from t:*? power "to call ftyta ;fi e tr
t,a.”
f That the grant of DOWe." "to raise aid support
armies" glees Congress thd right to t.y e ot toe
citizens of Ihe States, who are the miiitii withon'
the consent of the State executives; as, ot, erw
the regular forces of the Contederai? Stale, w oil'd
be nothiog m ire than an organization ot S-a.it
milit.a with officers appointed bv iLe ress--
i States.
Aud lastly: As Congress may raise armies, ,-j
i toust defend the public according to the etigS?
! of -he case, if the public de s ense requires all :S
men in the Confederacv able to bear arms, Con
i grass can form them into armies, excepting suoo
| as are necessary to preserve intact the govern,
. menu of the Slates And as the Conscript Ac
l calls into the field ail the anus-bearing men be,
! tweet! certain ages, with such exemptions as leav,
; ihe S ate governments iutact, Cuog-es., being 1
I judge of the emergeucv, had the right to pass the
i Act, aud it is, therefore, constitutional.
Chatham.
UNITED STATES ITEMS.
I The New York Herald, of the 23d, gives
account ot a reconnoiseance by Geu. Geai v,
j tending to Hillsborough, Waterford aod Lover--
; vi e. The trip was very successlul—that is to
say, Geary got back safe.’ It is claimed, also, -.ia
he captured seventy-five prisoners—five less t-aa
j the number claimed at Thoroughfare, where the?
j did not see a Confederate.
The enemy's gunboats haze been cap tar. ng the
beats of blockade runners on toe lower Potomac,
i Gen Jeff. C. Davis, the slayer of Bull Xelson,
is now in command a: Covington,
j The brokers of New York decided to exclude
. transactions in gold and demand notes from then'
board lasi Monday. Gold thereupon fell down to
12? This occasioned a rush for it, and it wea:
I«P ».-• 0•" 132.1, closing at 132,4' Exchange
sold at 147Ji.
The New i ork Herald is still clamoring for aj
i advance, and for the capture t-f Ktcninocd before
! winter. It says that McClellan is wiping at.i
anxious, out thai Stanton's Quartermasters and
: Commissaries are not furnishing him wnh bl-us*
, uw, shoes, cl .thing and provisions a* prompt,y
; they should. Tne Herald dwells upoa the iia
| iiieure advantage that would result from occupy,
»Jg Richmond before Christmas, but fears tne
Commissaries and Q :ar erm .lets will forbid
j ii is ludicrous to see the Herald and McClellan
| '.u a fiurry to accompl.sh In a lew weeas, what
I they have been trying to do for two years and ar a
; uow further from them than ever, f: reminds ..y
; of the lab »rer who, after 1 .iteriag the whole d.v
; started out at sundo vu to do “a big day'.- wurs
McClellan‘ n the tipper Potomac, if theileia.d
speaks truly, must be tar a ire eager to fight Lee
and to take Richmond than McClellan on the
Chckahommy.
; A ruiOHilcL Accident. —A frightful accident
; iccurr. d a tew da;s since, ou the mountain road
near Harper’s Ferry. A tram of Federal arm.
wagons going up the long and narrow cut on the
east side 1 f the mountain, was met by a train
■ coaling down. The mules in the down train took
I fright, and becoming unmanageable, dashed d->»o
me mountain at a frightful speed, aud crowning
he up train oil ihe road, burled the wag ms,
mules and drivers over a steep and rocky prec.*
| pice oi a perpendicular height varying from fiiir to
one hundred feet. Over and oyer roiled thegre-.
! wagons and teams, crashing and crashing, and
j breaking into fragments, and tearing to pi’ec-s
until the whole train lay at tie foot, aud scattered
, a onz the side oi the mountain, a mass of fright
| iul ruin.
THE OCTOBER ELECTIONS OBERT CON
SERVATIVE RE ACTI ,N
from the Sew York World , Oct. 20.
The political revolution disclosed by the elec
tions last week in three Northern Border States
hiw fallen on the astouiahed radicals “like a bo»s
out ot the blue.” Nothing wao less anticipated
h_v them than the great rout they have received
in two, and the drawn battle in tne other, of these
strong Republican Slates. The inajoritv of
which Pennsylvania gave to Mr. Lincoln
is reduced to nothing, or next to nothing, the laat
despatches stating that the rote is so close th*;
the majority will be less than 500 either war
The important State of Ohio, in which there wjs
55.000 Re< u jiican majority last rear, :s lost to
the Republicans bv 10.000 or 15,000 majority.—
Indiana, :u which Mr. Lincoln’s majority waj
i -3,0y0 ditto, the Republican loss in members of
i Congress, is not so great in proportion as their
j ioas in 'be aggregate popular vote, owing !* the
; political gerrymandering of the Republican Leg
! wlaturea last winter :n re-districting these States
j under the new Congicesional apportionment. —
• But, in spue of this advantage, the Republicans
iofce their presen: majority of seventeen in th?
, combined vote of these States, which is reduced
! i*t the very least to a majority of two.
The deleat of such prominent radicals as Grow,
I Bingham and Gurley, aids to the significance o- ;
; this remarkable, and, to the Republicans, mod'
I unexpected and oewild-iring change.
Ihe result of these elections cannot fail to have
*n immediate salutary ind-ieace. They relieve
our northern communities tram the military ter«
rorlsoi w inch haa for some moLtiis repressed and
paralyzed tree discussion. The auti«*abo!itionistd
tißd that they are so numerous that there can be
no danger in the free expression of their sem:*
ment.«. The conservative redaction will accord
ingiy proceed with increased momentum.
An eflort is making to induce lion. Edward
Everett to accept a nomination for representative
from Congress irorn the Fourth District of Mas
each use us.
A noth sr Battle.— We learn from the Lrnca«
i burg Virginian, of Friday last, that Capita
i Stephens Halsby, of Floyd’s command, reached
, Lvnchburg Tauraday evening. He reports that a
! dght occu r red betwt m a portion of Floyd's c >m«
! tnand, about 300, and a force of the enemy, sup<*
| posed to be about 40 <\ at Warfieid, Lawrence
County,Kentucky, on Sunday the 12th instant.—
| The enemy w&3 driveu through the town, ani
pursued about three miles.
Colonel William LI. Peters commanded on our
side, and received a painfu. wound in the leg.—
Captain War held Semmes was shot through ’tae
thigh, and privates Hampton and Ball were
wounded, the latter supposed to be mortally, as
!he was *ho? through the lungs. We captured
| twenty horses, one Hundred head of cattle, aod
,i x prisoners. Captain Hals by represents Gen.
Floyd s command as being well armed, well clfti.
with plenty cf previsions, and in good spirits.
Tub Southampton Fight.— The “big fight” a'
j Franklin. in Southampton county, Virginia, an
| account of which we gave to our readers yester
day on the authoriiv of the Petersburg Express
j turns out to have been very much like that famous
I affair in which the King of France was engaged,
when he marched up the hi’l and down again ; 2
other words, a complete bugaboo invented by
acme mischievous person to frighten the *
of Petersburg from their propriety, und. mislead
our editorial neighbor into the belief that our
valiant army in Southampton had been “scunaty
throbbed.” A gentleman freir the irnmeaii'e
scene now informs the Express, that there was no
fight at all. According to the version g'.ren y'
thi* information, some 300 or 1000 Yankees from
Suffolk crossed the Black water river at a po.r
known as Bowden’s Seine Hote. and captured r.x
iof our pickets. Information was speedily convey
I ed to u force of Confederates cot far distant, bu
! before they could reacb the spot, the enemy, sus
i pecting something of the sort, recrossed anu *oo*
j up the line of march for Suffolk. Out 01
j parat.vely insignificant affair grow tae start..eg
i report to*which we have alluded.
, Richmond (\o Whig, Oct. 2*
Maks wax pub WaisKar—Ths State Roar to
bb Seizrd—Conflict of the Authority and Pc-v
--: Etts off Jeff asp Jo. —We bnd the following * 3
the Chattanooga Rebel of yesterday:
! Governor Brown, of Georgia, has aga>n come -=
' cond.ct with Confederate authority oy the action
I of the Superintendent of the Western k
i liailroad, in relusing transportation lor some no.
j barrels of wniskey, in accordance witn a procu*
, nation of the Governor in relation thereto.
i understand that an agent is on tfct way to Geo-e *
| to take possession o( this road for tte ento
i ment of this transportation, as well as for 013
! purposes. We await the issue with some cunos.i.,
it things are as we understand them,