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Special Correspondence o] the ConstUutUmaUtt.
TJEC'SION OF THE SUPREME COURT ON THE
3EC ‘ CONSCRIPT LAW.
A *CoM'np™’ lln E rror rrom Baldwin—
-1 t ' s P Habeas Corpus ad bubji-
John Fair, | citndum.
Enrolling Ofticer. J
plaintiff’s bhief.
The return of defendant to the vrrßof habeas
amt shows no legality m the enrollment or im
: risonment of Plaintiff, because the Conscript
lets of Congress are unconstitutional, in this ;
; SI . That Congress has no power “to raise armies”
dt compulsion, but is wholly dependent for mili
tary force upon the voluntary enlistment of men;
6,nd if it needs more force than its array thus rais
ed and its navy, then its only resource is to “call
'orth the militia ot the .States.” 2d. That all
armies raised by Congress in any other way than
ov voluntary enlistment are necessarily militia of
:he States, and to be commanded iy ofiicers ap«
r otated,by the States only, and not by the Presi
dent, who" has no power to appoint officers there
'or. 3d. That in raising armies Congress has no
• ower to “discriminate between classes,” for such
• ower, if possessed, is unlimited, and involves a
' ower in Congress to disbuud and annihilate the
Governments by Conscription of all the Siaie
±cers Executive, Legislative, and Judicial,when
ever it inav wickedly deem the State Government
bu evil, or may, iu its transition to imperial pow
er, aim to destroy the States.
W. McKinley, Pl’ff'sAtt’y.
The above is an imperfect synopsis, held by the
Supreme Court that the Act approved the lGtb
cav of April, 186*2. is uot unconstitutional in thi>,
that the persons enrolled under said Act have uot
.lp power to select their own officers.
•2d. That said act is not unconstitutional in this,
that it does not allow voluntary enlistments, but
.§ compulsory.
Cd. The act is constitutional in this, that it does
net have a tendency to destroy the State Govern*
ments. .... ,
4th. Any conscription act which has a tendency
destroy the State Government is unconstitu
uonal.
The Court, Judge Jenkins delivering trie opin
.on, was profoundly impressed with the impor
tance of the decisiou and the consequences iu
rolved, and with a conviction ot its duly consci
entiously to construe the Constitutional powers of
•he Confederate G. vernment and of the States.
It was manifest, on even a cursory readiug,tha? j
.he counsel for the plaintiff confounds these two !
provisions: one giving Congress the power to j
ra se armies; the other the power to call out the j
militia to rebel invasion, Ac. At one view, it !
xav appear tbut these powers are one and the
same. It is necessary to consider them carefully
tr. arrive at a proper distinction between them.
The Sth sec. Ist art. of the Constitution end- j
merates the powers ol Congress as follows; to 1
-aise and support armies; to provide and maintain
a navy; to make rules ft r the government and re.,
gulation ot the land and naval forces; to provide I
lO r ;he calling forth the militia to execute the j
'cws, suppress insurrections and repel invasion;
;o provide for organizing and arming them, Ac.,
’eserving to the States the authority to officer
;hem.
it will be seen that the two clauses, “io raise
i*Dd support armies,” and ‘no call forth the mill*
. a,“ are not in juxtaposition. They are distinct,
'ihe power t-> call forth the militia is for the
• arpose of repelling invasion, Ac*. It is apparent
teat this power, in the emergencies enumerated,
.s intended to meet a sudden, pressing necessity.
I: contemplates the catling out an army, in ad'll',
• to the grant to raise and support armies.
in the United States Government, atter which
. ur Constitution, in reference to carrying on war,
A . is copied, it has never been the policy to have
arge standing armies enrolled and subject to
central authority. Hence, the framers of tne Con
stitution thought proper to provide f< r emer
gencies. These considerations force us to the
Conclusion that the two powers are distinct, and
£0 clear it seems that to state the position seems
;<’prove jt.
Bat it is maintained that the Conscript Act is
i.n attempt on the part ol Congress to call out j
volunteer*, and that it depiives of the
Dtwer to appoint officers. &c. This point must be
settled. Is this power exercised under the clause
o raise and support armies,” or “to call out toe
militia V” The only ground on which it can be
applied to the last is, that it takes the men con
• itutmg the militia. The status of the citizen is
cot meiged in the militia. The militia man does
cot cease to be a citizen ; and the Conscription
acts upon a population, not as militia men, but as
citizens. The policy of the muitia law is to enrol
ice abiesbodied meD, though there might be many
celow and above the ages of whom militia duty is |
•equired—a geturalruU being the object to attain, j
If we are collect in holding that the two grants of I
power are separate aDd distinct, and the power
-'.aimed is denied to Congress, how are armies to j
ce ra sed V \V bat resource has it but foreign hire
. ngs from which to till ;iip its armies V and from
ibis humiliating resource we are shut out by the
blockade. The statute acts upon individuals as
citizens, and not as militia men.
The next point is, that the power of Congress
;o raise armies is confined to voluntary enlist- ]
icents. The limitation does not appear upon me !
race of the grant. The power conferred on Con- 1
gress as agent, involves the duty to exercise it in
me emergencies contemplated. Is there an oc*>
eastern at ihis time? We are engaged in a foreign
war: our country is invaded—not to redress a
wrong—but a war waged with a degree of ferocity
to force us to submission or extermination. This
-s the occasion. There is, the::, resling upon ihe
Confederate Government, the imperative duty to
'arte armies. Suppose volunteering has utterly
failed, and to continue the war it weie necessary
to raise more troops; suppose, further, that the
Confederate authorities meet the issue wiih
folded arms? Could they justify this supmeness
oy saying that the Government had gone to the
mil of its power? The Confederate authorities,
n pursuing such a course, would be recreant to
duty, and would excite the indignation of an out
raged people.
Let us take a wider view and look a r the o’o
.ect of States forming the Confederation. In
•ts last analysis, it will be found to be the em»
Dodiment of strength, to deter other nations from
encroachments, repel invasions, and redress mju
. .es when inflicted. It we could be assured th »t
wars would cease —that man would no more war
against his brother—in snort, that the millenium
was ushered in. we would say, let each State
stand upon ns sovereignty; aye, abolish all gov*
ernment and all law, leaving each individual a
•aw unto himself, illustrating the pi mciple of
peace on earth and good wll toward men. But,
mokmg at the world as we find it, if there is any
evmence of the approach ot this happv era it is in
darkest hour is just be*
f object of confederation being to prepure
or self-defence, in carrying out this end,*the en-
Ofmo, ar aja ll P ower has been transferred to
and'su? 8 ’ lateß have no powei ‘‘to raise
or earn™.! armies ’” aD< * . D 0 agency in making,
r] ause of WHr ’ save ia response to the 2i
subsidiarv b^ oTl,edera,e Constitution. They are
nf th to l^e Confederacy in tbeex
financial and „h? Ctions - Tbe •»«•“««* 19
dated for ,hi Ph " ' t4! shall be consol,.
-r, i d h purposes spec,fed; tha, Congress
D»»le J n ™“*.«’<Uhat '!"• great massnX
oTers whcnever necessi'tvrf' ‘ * '
s ” '
solec'sm—r' rl “ I,ght be tor us n* ..
'■tae,r C v OD? '. e59 CanEnl compel voluntary ,u„
Caress tn. „ °'’ klng to the grant u ,
comnel Pnl a “ ° Ut ,hfc miiitl -‘. Congr-sl ,-ar u .,t
oHhVr ernors,OCi " ,he "' out. B Ta. v
o. ,be Government from wfatcb we huveC JCed
Cver.WflS impressive lesson on this ‘? 10 , _
Was no’power*" EnglaDd • S,ales beld ,i ’“ l 'here
z-tj- 'zx'izx
-*a:ast then,, it .‘ t U 9 11 J ' _
•efractorv Gur-rn..r f - 1 *• 1 o
rn ir. au-too tardy Legirlatures.
'lt cannot be shown that the power to raise ar
mies was intended to apply to voluntary enlist
ments. On ibis subject w« ate yet without aus
tbority. Our Constitution is an exact transcript
of the old, on points under consideration.
The Court referred to the anthoritv ot Cniet Jus
tice Story, the aolest publicist of that time. It is
true, continued the Court, his is Northern author
ity; but his vision had never been jaundiced by
political aspirations, or his judgment warped by
sectional prejudices. He regarded the law as a
** jealous mistress.** and applied all his energies to
its exposition. It should also be remembered that
he passed his life in one of the States which ie
sisted the call ot Congress tor the militia.
The Court read from Judge Story’s deos.on ihe
points which had been commented on with great
ability by the Court below. Our forefathers found
that the militia were not a safe reliance —an army
was required ; ami hence the grant, bused on
their then recent experience of power, to raise
and support armies.” Judge Story maintained
that the power to declare war would be a brut urn
fulmen without the authority “to raise armies
and bis observations were presented in support ot
the wisdom of relieving the Governors ot the mo
tive of organiz iti >u, and in illustration o> the re
sults of resisting the powers ol this grant. The
Court presented die views of eminent
S luthern minds in support of the opinion
of this learned commeutitor George Wash
ington, the revered laitui of his country,
had, in 1790, approved.the plan of Mr. Knox tor
raising armies; and Mr. Monroe, «*t iheoldVir*
giuia-school of statesmen, iu ISI4, give us con
vincing arguments in support ot the authority
claimed, as well as rhe policy of its
Gov. Troupe, one of the wisest, purest, and m«»-t
unflinching defenders of State Sovereignty, n
Congress from our own State, had, as Chairniuu
of the House Military Committee, favored the piau
of conscription. He had declared that, while he
regarded the Government ot the United States
the strongest in the world, it it be true that
troops cannot be raised, except by volunteers fur
nished by the States, it is the weakest and most
contemptible Government on earth; fit neither
for war or pe. ee. lie favored the plan ol cla sili
cationand draft, or classification and penalty, and
maintained that the Government had absolute
power over the persons of its citizens. Classifies*
tion and a (aft are almost synonymous with con
scription. Draft takes by lot from a class ; con
scription includes a class, specifying exemptions.
The concluding clause ol the Constitution au*
I thonzes Congress to make all laws necessary to
i carry into effect the other powers. If only volun
i tary enlistments are resorted to, the contributions
are liable to be out of proportion to the popnlas
turn of the different States. It is a common
cause, and all ought to contribute equally. If
volunteers fail, compulsion must be resorted to,
to preserve this equality, and citizens are the only
objects of compulsion.
Jtis maintained that if there is no limitation
of this power it may be carried to the obliteration
of all State authority, inclu ling in its exactions
the persons of Governors and olficers of ull the
departments. Here is a limitation to the power;
it is two fold; Ist. Fundamental principles, which
may not be disregarded, that the creature may
not destroy the creator; that the child shall
not bind, maim, or destroy the parent, or bind,
maim, or destroy itself. Can we have a i <y Gov
ernment in which it is not necessary to impose
some confidence in its administrators? Second,
in the 4th clause of the 3d section ot the Consti
tution, a lepublican form of government is guar
anteed to every State. This extends to the work
ing of its government. Will any man .-ay, that
the Congress of ttie Confederate States could, by
conscnbmg the State authorities, destroy, sus
pend, or obstruct the regular functions of the
State Government, without violating this guars
an tee?
These fears of the destruction of State author*
lty and sovereignty are. therelore, not well found
ea. They uie “chimeras dire”—phantoms of the
imagination. Let not governors, judges, or legis
lators, be frightened from their propnety, for there
can be no interference in the exercise of the (unc
tions of their respective departments.
The Court, as a side remark, re erred to the
Special Message of the Governor, which had been
introduced in the argument of the plaintiff in er
ror. The Court regretted to differ with the Exe
cutive authority of the State, and accorded to the
head of that department the most exalted patriot
ism. Bui it was a judicial question, as the plum
f:ff conctded in appealing to this tribunal,.
The court announced the inexpiesstble gratifi
cation with which, while war ravages the country,
the Judiciary is able to uphold the hands of ihe
war-making power in the exercise of the duties
which the emergencies of the time demand, and
unanimously declared the decision ot the court
below affirmed.
GEORGIA LEGISLATURE.
Spc iai Correspondence of the ConetitutionaUrt.
Millkdoeville, Nov. 10.
SENATE.
A motion to reconsider the bill incorporating
Iron and Coal Company, was lost.
The following message was received :
SPECIAL MESSAGE FROM GOV. BROWN.
Executive Department. 1
MILI.KDGEVII.LE, Ga., Nov. 10, 1862. (
To the General Assembly: I present to each
Hou«* a copy of a letter from Brigadier Central
Mercer, commanding at Savannah, dated 7th inst.,
informing me that “a letter from the Secretary ot
War has been received by him which withdraws
from him all power to retain the negroes now
working upon the fortifications at Savannah,"
and that “from this time forward he will make
no further efforts to secure labor himself/'and
“if the people and government of ihe State mean
Savannah to be defended, they must furnish the
necessarv labor.”
Gen. Mercer also makes a requisition upon the
State for negroes to work on the defences. I also
append a letter from him dated the Bth inst., in
response to one from me asking him to make an
urgent appeal to the Secretary of War to send to
Savannah reinforcements at an ear ! v day.
It will be seen by reference to the first of these
letters that the Confederate General looks alone
to Georgia for the means to defend her seaport
city.
Wbile the right is denied to the State by the
Conscription Act to call into the tield and retain
in her service any portion of her organized min*
tta. or any part ot the material of which it is corns
posed, to defend herself against the invader at a
time when the Confederate force within the Slate
is inadequate to the task ; the War Department
has withdrawn from the General in command the
powers to retain the labor necessiry to complete
the fortifications wmch are indispensable to a
successful defence. I submit the question to the
action of the General Assembly, and recommend
that prompt provision be made to the extent of
the ability of the State for carrying out /ourreso
lution for the defence of the city to the last ex
tremity.
In view of the fact th it Georgia has furnished
about 75,000 troops to the Confederacy, who hare
rendeted the most distinguished services on &1«
most every battle field of the na p . 1 cannot for
bear the expression of my deep regret that so «*w
of them should he permitted to return to tier bo
som to s»rke for tlieir homes at a time of so much
peril, whvji the right even to supply their place
in the fie d, upon her soil, with ethers now at
is denied to the State.
Joseph-£. Brown.
IMPORTANT LETTER FROM GEN. MERCER
The following is the letter from Gen. Metcer,
which was transmitted to both bouses, with the
Governor's Message on the subject, to-dav :
Headquarters Mil’ky Dist of Ga . )
Savannah, Nov. 7th, 1862 f
T'> Hi' ExxUf hcy, Jot A* Brown,
Governor of the titite <>f Gem (fin:
I have to inform your Excellency that .his mor
ning a letter from the Secretary o War ha- been
served noon me which withdraws from me all
power to retein the negroes now working upon
the fortifications of Savannah. Every > t.*
the number of 1,000 will probably leave me in a
few days, and a portion are discharged to-day.
From ttjis time forward, I w;l! make no fun her
efforts to secure laborers myself. I* the peopie
and G'.v-rnn ent < f tbe State ot Georgia mean
SaVcjßOfef ’o r.*e defended tte" nm-t th-m-e{r. $
The agency tor toe c«*i ecu or. «r .. <•: .ut -rs.»
existing bv my creuti >n will cor. ml ue < : v ~*«g
ough to wind np its present business
I have the honor to make requisition on the
ate of Georgia for 1,500 able bodied negroes to
1 ork on the defences of Savannah.
1 have the honor to be, very respectfully, your !
obedient servant, U. M. Merceb,
Brigadier General, Commanding.
The Senate passed a resolution authorizing the
Governor to impress the requisite number ot ne
groes to complete the defences of Savannah, it he
| could not get the work done by contract.
The committee to whom was referred the duty
, of preparing an expression of the sentiments of
the Senate in reference to the death ot Messrs.
Winn and Patrick, reported several compliment*
ary resolutions.
Alter the adoption of the resolutions, the Sen-*
i ale adjourned until to-morrow morning at teu
o’clock.
HOUSE.
The following bills uud resolutions were intro**
duced : A bill o confer certain powers upon the
Ordinary of Applirg county; in relation to mem*
bers of (he House oeing disqualified by holding
Confederate Army commissions; to puuish coun
terfeiting Treasury N »tes; to appropriate money
for the Academy of the Blind; to postpone the
operations ot the new code; to incorporate the
Central Insurance Company: to legalize the sale
of certain lots in the counties of Chattahoochee
and B:bb; requesting the military committee to
consider the propriety oftaisicgu mounted police;
requesting the Governor to call upon the publish
ers of the new code io furnish copies for the mem*
! bers; to compel holders ot Bank and Railroad
stocks to pay taxes ou the same, in the counties
where they reside; to relieve certain persons from
m-naliy m issuiug change bills; to allow Ur.
D. scoll to and charge for the
j game : to legalize the election of Ordinary of
i Chatlumt'chee county; to incorporate the Bank
; of Catoosa; authorizing the Governor to seize
1 factories and goods for the clothing of soldiers; !
i to relieve hen aof Charles Wert; to appropriate
j school funds in pi portion to population ; to sus*
! pend the computation of compound interest
i|ai»ft - Mentors, Ac.; to enlarge the rales of
evidence—authorizing hltves and tree negroes to I
! testily against persons inciting insurrections; to 1
j allow June Miller to sell hertelf into slavery; to
require the directors of cotton und woollen
factories to publish lists of stockholders every i
j six months; to incorporate Georgia Insurante
Company; to authorize Western and At**
j lanta Railroad to transport corn free for soldiers’
I families in Dade county , to legalize an extra lax
j ip Dade county; to prevent counterfeiting Conlede- t
! rate currency ; to abolish militia laws; for the re*
j hot of Nancy Hart ; for the relief of John Garry ;
tor the relief of the Belgian Consul at Atlanta; to j
j confiscate the real estate and Railroad stock of i
alien enemies ; to suppress distillation of grain;
to regulate tolls of mills ; to provide for manii#
facture of cotton cards; to alter lines between
Emanuel und Johnson counties; to amend laws for
trial of slaves; to distribute poor school fund among
families of indigent soldiers; to continue in
force the Bank relict act ; requesting the re
turn of powder loaned to the Confederate Gov
eminent; for protection of married women; aB
lowing mover of bills or resolutions to have a
seat with committees having such mutter under
consideration; a bill to continue in force the
j Bank relief bill, with a provision that change
bills shall be redeemed m bank bills; to legalize i
orders and judgments of ordinaries in cerium I
| cases; to uniend patro! laws; to facilitate quaran
I tine against small pox; to appropr ate $275 for
• arms furnished the State by Screven county; a
bill tocoutinue in fort- bank relief bill,providing
that they shall pay out iheir notes to those
who deposited them; to allow Lenna Oglesby
to receive letters of administration without giving
bond-*; to change the line between Lee and Sum
ter counties; to relieve the State agatnst loss by \
defaulting tax collectors, to authorize the Governs
or to pay ft eight on salt for soldiers’ families in
the various counties, to repeal act of 1852 in re
ference to Deaf and Dmn l Asylum, said bill ups
propriates SB,OOO annually, the object is to tax
for each year the amount needed ; for the re
lief of Henry Wyche ; for the relief of Mar*
tha J. Baily; to allow the Comptroller
Gen oral a clerk; to encourage the manufacture of
wool and cotton cards, appropriating $50,000 to j
he loaned for that purpose, to transfer the school
fund of Union couuty soldiers families;
to prwvout too in trod netted of Rlirres duriug the
war , urging Cougress to make treasury notes le
gal tender; to appropriate $200,000 dollars to re
move women and cbiidrer from Savannah ; to
authorize the Ordinary ot Wayne county to loan ;
out the school fund , for the relief of Andrew j
Ham lton ; to provide fi r the enrollment of militia
of persons between the ages of 10 and 18, and 45
and 60; to organize 2 regiments of infantry for
State defence; to equa'iz* the burden of support-. 1
ine the indigent families of soldiers; %o render
granting letters of administration necessary in
certain cases.
A bill was passed to appropriate $45,000 to ob
struct the Apalachicola, Flint, and Chatahoochee j
rivers.
A message of the Governor enclosing a letter |
from Col. Uflhrd, of the 18th Georgia Regiment, ■
tendering to the State two stand of colors taken
from the Abolitionists, was referred
A message was received from the Governor en- 1
closing a communication from Gen. Mercer stat
ing that the Secretary of War has withdrawn an* !
thority from Gen. Mercer to retain slaves on the
defences of Savannah, and calls lor 1500 negroes !
to be furnished immediately. The Senate renalu- ,
tton embraces all the slaves in this State; and also 1
authorizes the Governor to obstruct all the rivers :
and guard them with Georgia troops. The whole j
matter was appropriately referred.
A general bill, authorizing the Governor to
have all the rivers in the State obstructed, was
read a second and third time, and made the order !
of the day tosmorrow
The Senate resolution endorsing the Governor’s !
proclamation against distillers, was taken up and
discussed. The House then adjourned.
Col. Gibson arrived this morning and took his
seat. He is looking iu excellent health.
The Supreme Court is in session, and have uo* j
der consideration the habeas corpus case of Asa
O. Jeffers, which was decided by Judge Harris,
of this circuit, on Saturday. Col. McKinley, of j
this Bar, represents the plaintiff in error, and Col. ;
Kenan and Captain Bland ford the defendant in
error.
SPEECH OF COLONEL KENAN ON TIIK CONSCRIPT LAW. j
Col. A. H. Kenan addressed a large uudience j
at the State House last night, in defence of the
action of Congress in passing the conscript law.
Ke reviewed the condition ot our army at the
time of its passage last spring when the time of
enlistment of more than two-thirds of our armv
was about to expire, and the enemy were massing
large forces for a descent on Richmond when our
twelve months volunteers should be mustered out
ot service. Many urged that volunteers should
have been called for to take the place of the dis
banded regiments, but fresh recruits were not
what we wanted to meet the active campaign then
about to open.
At the time when the twelve months troops
would have disbanded, had not the conscript law j
been passed, Georgia had over 40 regiments for ;
ibe war, and only 5 and a battaliou for twelve j
months, while from several States there were few j
save twelve months men. Would it have been
! dealing justly by our own brave boys to leave j
; them to meet the campaign then approaching,
I while those from other States were disbanded, or j
! replaced with raw levies, not inured to camp dis- ;
eases and undisciplined' And will Georgians j
1 c tnplain at a measure which prevents her tloops
I from bearing so unequal a share of the late glon- j
ous but bloodv campaign.
I Hut rnanv who had yielded to the first consctip** j
j t on. us a necessity, objected to its adoption as the
j settled mode of‘raising troops. The term con- t
j script seemed odiou?, when it really differed little, !
I j-ave in name, from the old d. aft. A conscript j
; was usually allowed to go to any regiment not i
j full. The conscription Wii ' t,:e be »t mode ot fill* {
| ing up regiments decimated by the bloody and !
I g’oiious achievements of the last five or six
| months. If we go on raising new regiments
while iheold remain* and a year hence—should
• more be needed—continue ;be P°‘icy, we stiali
have an army of officers and no men.
j If the poliev of these sticklers for the officering
hv the Sta'es had prevailed, we shoo’d 1
| lit. v r ti»ve hud h Johnson, or a Lee, or a Ih-.u-*-- j
' gar*l, to direct our armies, f° r volunteers are al* j
ways afraid of regulars until they fight under
them—and we should see constant confusion
from the collision of the general officers of the
i different States. From Washington down, the
general offacets have been appointed by the Pre **
j tdent, and even those who have claimed that the
President had no right to app unt officers, have
received or sought commissions from him. Gov.
Brown had asked for a commission for Phillips
und Jackson; ami Gen. Toombs, who denied the
t ight of the President to appoint general officers,
still held a coin nr..* si <<n at his hands. The idea
that a State should officer her troops originated
in Massachusetts aud Connecticut, who had re
fused to furnish troops under thecailot the Pres*
ident, because they were denied the privilege of
appointing general officers. He denied that our
| army is composed of militia. The military fore-*
I of a country consists of militia, volunteers and
1 regulars—there is no militia in the fi*dd. The
! government has the power to regulate the raising
and maintaining of armies—how are they to be
| maintained unless the government have power to
! till up the losses contingent to the service? The
! authority to do it by the conscription has been
maintained by Gov. Troupe and other emiuent
State tights men. It is no time to wrangle over
technicalities—to split hairs over the constitu
tional scruples of some, when the great question
| whether we are to have a Constitution is to be
decided by the prowess of our arms. Let us
whip this fight aud secure a government, and
1 settle its policy atterwards. He alluded to the
general impression that there will be no war, as
I an excuse tor the delay of Congress in providing
i more troops for its prosecution. No one, save the
i far-seeing President, had believed there would
be war. Mr. Davis had, from the first, antici
pated the dreadful and terrific struggle, and had
urged a vigorous war policy. He eulogized our
j honored Chief Magistrate as a wise statesman, a
brilliant wainor, and a Christian patriot as pure
as ever lived. To him, said he, we may took
i with confidence, pre eminently above that which
is due to any other man alive, for the nerve and
the wisdom to carry us safely through the war, if
we sustain him with the devoted confidence to
which he is entitled. He is the man above every
I other who can control the organization of the
1 armv, because, as a soldier, military men have
confidence in him, und yield to his judgment,
; even at the sacrifice of persoual considerations.
He has won imperishable renown throughout the
world for the ability of his State papers, and the
! masterly statesmanship of his policy ; and the
! skill with which he has conducted the war has
extorted praise even from the enemy. He ap«
i pealed to Georgians, who are in a great measure
; secure from the sacrifices incident to the war, to
stand manfully bv the President in the exigencies
j which surround us. It ts here alone that the
i voice of complaint is heard. Virginia—noble,
self-sacrificing patriots as her people are—have
! seen their property destroyed, their fair fields
j blasted by the tread of armies, ami vet they ac
' quiesce in the counsel or their Governor, and
sustain the war policy of the Confederate aim
| th on ties.
He alluded to the suspension of the habeas coin
, pas. It had never entered into the mind of one
who sustained the measure that it was, as intima*
ted by our Governor, to prepare for the execution
of the conscript law over the ruling of the Courts.
It was at times a military necessity, and as such
should be acquiesced in.
i 1 have only given a brief outline of Col. Kenan’s
argument. He made no attempt at rhetorical
• display, but enforced his views with the point and
earnestness which characterize his public efforts
His speech was well received, and elicited frequent
upplause, Aristides.
i! 1 i; I. i. ii li! Ml.
FROM RIOHMOND.
ARMY MOVEMENTS, NORTHERN ELECTIONS
&c , &c, &c.
I'r nn the Charleston Courier,
KiaaaiOND, Va., Nov. 11.—lieuvy ounnomiding
was heard all day yesterday in the direction of
Orange C. 11. and Gordonsville. The firing was
probably from skirmishing taking place between
I the advance guards of the two armies, which may
' bring on a general engagement. Siegel’s divi
sion is reported to be on the south side of the
Rappauannock. The Yankees made a raid on
Chuckatuck Creek, Nansemond County, Va., from
Suffolk, and committed the grossest outrages
shelling, burning, and plundering the houses of
: peaceful citizens.
j They arrested and carried off Messrs. Daniel
I Shepherd and John Bunker, farmers of the town
of Hay market, Fauquier county.
Late Northern papers received here are filled
with comments on the result of the late election.
The Tribune says: “Never was a great and
patriotic party doomed to bear up against such a
combination of adverse influents, as the Repub
licans and the Uni a War Democrats.”
The World says: I’ne Empire Sat j sent two
hundred thousand sons to figtit the battles of the
nation against traitors who were stabbing at it s
heart, but with unheard of vigor m.*- has smitten
to the dust the miscreants who strove to cheat
her remaining children of their liberties. Sh<*
thunders her demand fur a more vigorous prose
cution of the war, and warns the President that
the Constitution and the laws must be sacredly
upheld, or else comes anarchy and night.”
The Herald says: “The State of New York has
given the finishing blow to the radical Abolition*
ists. We may no.v expect a Southern reaction in
favor of the Union, and a speedy end of there
-1 belliOD.”
The Times says ; “We trust that the result will
1 not be sufficient to withdraw the Empire State
i Irom the support of the Government. The vote
1 indicates dissatisfaction here and in the West
with the Administration’s method of carrying on
the w r ar.”
The Evening Host says; “Are Ohio, Indiana.
Pennsylvania and New York weary of the war?
Are they willing to say, ‘Wayward sisters depart
l n peace?* Not at all. The lesson is that the
war, once undertaken, must be earned on ac«
cording to war principles, and not as in politics
according to interests, localities, or classes and
civil rights. Loyal citizens must not be trifled
with.”
The Express says: “The New York elecfou
does not mean any aid and comfort to the enemy,
or hostility to the President. It means a just and
constitutional war conducted according to the
forms of civilization, to put down the rebellion
and restore the Union.”
The Herald’s Washington correspondent says:
“Lincoln takes the de f eat ot his party very much
to heart. It is believed that important changes iu
the A ankee Cabinet are about to take place. Stan
ton and Smith are about to retire.”
The Monitor is now lying at th»* Washington
Xavv Yard. Some defective plates are being re
placed.
General Buell is to be tried bv a M iUrv Com
mittee for his faihire to capture General Bragg’* 4
armv.
McClel an took possession of Ashby’s Gap on
| Wednesday, our forces retiring. Pleasouton and
Ar.*rill, with a Yankee force of cavalry and ar«
i tellerv, occupied Piedmont Tuesday night, and
push ng *-n took the town of Markham, Virginia,
att-r a spirited skirmish. The approaches t-
Manassas Gap and Chester Gap, on the ielt
the Blue Ridge, are now commanded by the ene
my.
A Washington dispatch to the New York Times,
dated November f>th says: “Dispatches of the
gravest importance, which mev effect an entire
change in the whole aspect of the war, were to\
day submitted by the French Legation to Secra*
tary Seward.*'
The Times has the following paragraph in rela
tion to the “290”:
Receiving information that Captain Se mines had
disregarded ceruticates of Biitish Consuls, and
in the face of the British consular seal, regular v
affixed to papers establishing British owners’u • •?.
property on board a vessel captured by him. had
deliberately proceeded to bum that property wit!
the vessel which contained it. The British Con
sul, of this city, we are informed, immediately
took steps to represen! these transact ions most
forcibly to Admiral Milne, commanding II B. M
squadron. The Admiral ordered three B:
men-01-war to overhaul that vessel and convex
her to a Bi itish port, where her violations of in
ternational law may be inquired into.
[second dispatch. ]
Richmond, Nov. 11.—Passengers by the Centra!
Railroad confirm the reports ot skirmishing near
Culpepper Court House. No movement of any
importance had, however, taken place. Impor
tant movements in the neighborhood of Fron:
Koyal are expected.
All is quiet at Fredericksburg.
Weather at Richmoud clear and pleasant.
LATER FROM EAST TENNESSEE.
Mobile Ala,, Nov. 12th.—The following is a
special dispatch to the Mobile Advertiser A Reg
ister :
Knoxville, Tenx., Nov. 11th.— A dispute
from Murfreesboro’ states that there are no move
ments in the Cumberland region ; that the enemy
has not been reinforced at Nashville ; and that
Major Wash Morgan died of his wound at Lex
ington, Ky., on the 27th inst.
LATE NORTHERN NEWS.
Richmond, Va., Nov. 12th.—Baltimore paper.-
of the 7th, have been received here.
Gen. Janust n, who commanded the Yankees u.;
the battle of Fair Oaks, died at Bangor, Maine
on the iJth inst.
Secretary Seward has written a letter to tii
New York Chamber of Commerce, acknowledg
ing the receipt of the resolutions of that bodv
concerning the destruction of American vesse s
by pirates who went out from the shores of a
friendly nation, in violation of the restriction
prescribed by municipal as well as iutei nati n .
laws, *
A letter from Louisville, Kv., in the New Y"i
Times, says that ail persons in Kentucky who have
actually aided in the invasion of the Slate by the
Rebel troops, will be arrested and sent to Vick--
burg, Miss. #
The yellow fever wus raging at B-aufort anc
Port Royal, S. C\, on the Ist inst.
The Democrat-have cairied Illinois by 1
majority, and have elected probably < member
of Cong re-s ; while the Republicans have electee
five.
FROM NORTH CAROLINA.
Raleigh, N. C., Nov. 12th. -Passengers by ;.•*
night's train from the East report the Yankees a
possession of Greeueville, N. C. They have
burned the bridge and carried i ff several promi
nent citizens.
-Haver al of the blockade*** cap lured below W
iuingtoß say that it is their intention to occu;
Wilmington when the fever abates.
FROM NORTHERN VIRGINIA.
Richmond, Va., Nov. 12.— There is no news from
’•he army. No skirmishing is reported since Mon
day. The Government has no intelligence of a
further advance of the enemy; and ihe belief
gains strength in the public mind that McClellan
is gradually withdrawing his f *rces to send them
below Richmond. Communication with the Val
ley of Virginia, by the mountain gaps, is open.
The reported advance of gunboats up the James
river is not confirmed.
LATER FROM THE NORTH CAROLINA
COAST.
Raleigh, N. C., Nov. 12.—The Yankees have
evacuated Greenville, N. C , after partially des
stroying the bridge across the river, and taking
nine of ibe citizens with them. They desisted
fr<>m destroying the bridge at the earnest en
treaties of the people. An official dispatch says,
that the enemy have also left Plymouth, X. C-
Their destination is probably Weldon or Peters*
burg, as they are supposed to have gone up the
Chowan river.
Foster commands the expedition.
FROM MISSISSIPPI.
Mobile. Ala., Nov. .’2th.—The following is a
special dispatch to the Mobile Advertiser and
Register:
Abbeville, Miss., Nov. 12th.—A deserter from
Grand Junction the enemy there as
15,000 strong, and ad saucing in concert with
forces from Memphis and Corinth. The enemy
have not approached nearer than 15 miles above
Holly Springs.
We take the subjoined paragraphs fr. m
the Richmond (Va.) Examiner, of Nov. 10th :
From Northern Virginia.—Passengers by the
Central cars last evening report a skirmish near
the town of Warren f on on Saturday between a
body of the Hampton Legion and seme ofSeigle’s
cavalry—result unknown.
Upon the same authority it is stated that Seigle’s
command was advancing upon Warren ton, and
that a large force of Abolitionists had re*occupied
Fredericksburg. The telegram from Fredericks
burg, to be found in another column, d sroses sat
isfactorily of this last piece of news.
An employee on the Orange and Alexandria
n ad. who reached here ves'erd iy noon, leports
that the eneoir is Haring up the railroad about
Manas-*?. we have n • .u»uot that ibis is a
fact. But they aie leuv.rg ibe rails, not lor the
destruction ot the road, but to alter the guage to
suit the size of their locomotives, and hinder us
from using it. should it ever again fall into our
hands.
sQFkom the Peninsula. A report was brought to
this city Ir.un Varina on Saturday evening, that
the Abolitionists, to the number of 50,000, were
landing at Bigler s wharf, three miles ’from Wil
liamsburg. 1 his startling story failed to produce
the least excitement, but died on the air almost
as swiftly «s the report of an evening gun.
From a gentleman who leit Williamsburg ou
Ihursdav, we ieatn there are only about four
hundred Aboiioonists there who make up for the
slimness of thiir number- by the intensity of
diabolism Tne lovai people «>f the Peninsula
are dram og to the dregs the bitterness of subjus
gallon, to which it is feared the horrors of star
vation will be added this winter.
Id Indiana the Legislature stands. Senate, 27
Democrats. 21 Abolitionists. 2 Independents—
House, f»2 Democrats. 38 Abolitionists. Congress
ional, 7 Democrats, 4 Abolitionists.