Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1861-07-16


---.s---s---.s>-~---.-.---
tb Act p,evcrbss that the "ocsn shall - srpoisiS h
the m mar preecrbed by ias 10 the several Btstss 70
vbicb thev beope By the m lits laws Of ell the eates
tbs nd Acrs Of ell regiments are elected D. 20 reG
menrs Indeed, the words Of shs hv Of he li'h Hay,
imply clearly the sans thing the President % re-
ceys into service ''eo~panss bsitaiiens or rsgimsst
Nov compapy. regiment or battalion, = . military
having cnicen; snd without officers there
cannot be regiment battalion or company 30, the
Act OF the 18th May wider instzumentahfy was given
10 the President 70 prosecute the war ne coulo opn
volunteers without the intervsnou Of The 0evefnors OF
the States with their field officers, and for such
time as may be agreed on.
The article we publish from the Richmond EaqSirtr,
maintains that this Act Of the lth hsy not only au-
thorzss the President 70 appoint the field officers OF the
regiments but repess the permissou In the Act OF 9Th
May to the mon forming the companies, TO appoint the
company officers. He says We understand that cleo
ions for officers are bng held by virginia troops under
the strange halucnstion that the appointing pov con-
ferred the President by the Constitution has BY some
means or other beer, transferred to the msoriiy thus
Introducing radical democracy into the mtary esab-
shment. This the Congress bad no poser 70 do, and
il vss not Ia contemplation II was merely meant, BY
the Act Of Nay slh 70 permit companies rendering for
tho war TO elect company o.ers But even this Act Is
superseded BY the subsequent one the act Of 9th ksy)
We can only account for the Misrepresentation Of the
ENQUIRER from the fact that be hes erred In quoting
the proyiso In the set Of 18th Nay. The proviso
follows: provided however, that bsttaons and regi.
nens may be enlisted from States not Of the Coneds-
rscy; and the Presiden, may appoint all any of the
S.la oGesr, ihtrsoip The Eaqsrsrs quotation Is a.
follows: Provided however, that battalions and req.
mens NAV be enlisted from States not Of this Conede
racy; aud the President Be assed to eossnision all
The officers entitled t5>eonmissior, de- Our readers
a. k~4- Al
words itaicised In the two quotations As the Act has
it. thu ocers referred to in the provso 10 be appointed
by the President are the officers Of "bstsliops or re-
eiments enlisted from other Satss;" a. the Inquirer
has It. the proyiso connmplstss all the officers OF al
the forces authorised TO be raised by the Act Here
great error.
II this is not the cause Of the Eaqxirs miappreben
sion no are at loss to conceive how be has mistaken
an Act 80 psin As to the constitutional power OF Con-
gress 10 authorize the President to receive
regiments or bsttaons into the service of the
Staes-o dispute It. Is 70 dispute the constsudonality
of every Act passed BY Congress TO raise troop except
ipg the Act for the organization and establishment OF
the regular army. Congress- In raising an army, has
jus as much right authorize the President to receive
regiment into tho service Of the Confederate states
Is to receive q soldier. But No do not think IL
necessary TO argue ih' point Toe act OF llth OF May
another iustrumantsity to raise troops and does not
10 sngle clause give the President the power to sp'
point the Id or company officers We have been thus
elaborate in laying before our readers the Acts OF Con-
gress for !, To inform our rsaderr and
10 defend the Confederate Congress- We have seen it
stated that Congress Is TO blame for the email number
of our troops in Virginia. because they restricted the
Executive from receiving troops bat 10 seu for the car.
This is great error. From the Acts We have quoted,
our readers viii that Congress authorised the Pres'
dent to receve-l twelve months volunteers, In any
numbers be thought ct; q 10 call out the militia OF the
States for sx months in any numbers he deemed exps
dent and to accept the services OF one hundred thous'
and volunteers for twelve months; 10 raise standing
army of eleven thousand 10 accept OF volunteers
for tie car T. to accept OF volunteers tor any time he
thought proper It appears to that Congress has
hau,ted lis wisdom In supplying the Executive With eve
nv kind of power to carry successfully the war in
which we are engaged II our forces are not sufficient
on our frontier TO defend Virginia, and 10 carry the war
into Pennsylvania and Ohio, Congress Is not to blame
VOLUNTEERS.
fRrorn the Richmond Enquirer.
There have been so many acts. and amendstory snd
supple mental acts OF the Congress Of the Confederate
States reference to the reception OF volunteers by the
President that may be necessary 10 give succinct abb
stract of the recent b passed 1t Montgomery On the
7h Of Nay 1861, bill was passed to raise an addtions
military force to during the war The President
authorized to accept tho services OF volunteers for the
war without regard to the place of enlistment BY this
act the company officers TO be elected BY the men
composing tho company.
But appears on the next day there act passed
to make further provision for the public defence. By
this act the preamble Of which begins thus-"Where9
war exists between the United States and the Copfedsr
ate States &c-it Is provided that the President be au
thozsd to receive volunteer forces into the service OF
the Confederate Sstes; sach companies battaons OF
regiments as may tender themselves rithot the delay
Of formal call upon tho rpsetivs States, to serve for
such time az be may prescrbe and when mustered into
service may be attached TO such divisions brgades or
regiments ss the President may Direct or ordered upon
such independent detached service as the President
NAV deem e1ped;ent Provided however, that bat,aois
aud regiments may be enlisted from States not OF this
and the President shall be authorised TO
conni:sIon a" 1884, --,;;isa 10 commission" g..
The Information We furnish by these extracts may
vent much uslsss labor both the part Of volunteers
about tender their services to the Confederate Govern
ment and to the Government ITSELF Already, under
stand elections for officers being held by Virginia
troops und the strange balucpaon that the appoint-
ing power conferred on the President by the Constitution
has been by means or other, transferred TO the
minority" thus introducing radical democracy into the
military establishment
This the Congress had no power to do and il not
in contemplation. Il was merely meant BY the Act Of
March 7h to permit companies tsndring for tie var to
elect company oicers. But this act was suppressed
el BY the subsequent one from which have made
taons; and those Who prsume that military officers
TO be elected like civil officers have conceived mistaken
view of the subject. Nevertheless the preference Of
companies, when made manifest to the Government u,
no doubt, always respected IS . Recommendation But
ought to be distinctly understood that the power has
not BEEN and never can be- from his constitutional obi
gation, and oath Of Office, rerquished BY the Pres
dent.
It ia bad enough in all conscience, to elect Judges up
on the husrgs; but If would avoid wild insubor-
dnation and terrible reign of anarchy, let rs not en-
courage the idea of obtaining military commissions
through the iostrumentality Of popular tursgel II
mob may make man Who never read word OF Law =
judge the power might put sword in the hand
Of 90 officer who could not WELD Q lath.