The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1862-11-18

Warrington BY telegraph.
It II due to Gen. Nsigs that should submit
noa ososai ksusilsn. . = -
vs1 rsspse.islly; yoar osas sarvH
H ". HAIL8CK, 0eneealin- Chief
Us. MILITARY 4.1reRArH, !.
Rsesived 0ot q, ls62-940 r. rs
Eso1 Gen. AsCastlaa's ksadQHays0s:
To Brig: Gen. Aeiss-Your Dispatch Of this date
3 received. have Dsvsr intended, In any letter
OF dispatch, to make any accusation against your.
self or your department for not furnishing or for.
wardinS clothing - rapidly 1t was possible for
You TO do. believe that everything has been done
that could be done In this respect The idea that
have tried to convey was that certain portions Of
the command were without clothing, and the army
could not move until 1t was supplied
(sisned> 9. B. MCCLELLAN, Major aen'.
The Conscript Act I'm Gssrsia---speciaI Mes
sage OF Governor BfOWn...An Adverso
Opinion . the Governor from the Supreme
Court OF Georgia.
Gov. Brown, Of 0eorsis, who has como promi.
nsntly into public notice Of late from the ffe-
Qusncy Of hs protests against tho constitutionaisy
Of the Oonsoript act, viii now be 1t rest, the Sc.
preme Court Of his State having settled the quss'
ton finally. The Macon (Gs) Telegraph thus no.
tices the special message Of Gov. B. to the Georgia
Legislature on this subject:
This is plea against and violent denunciation Of
the Consc,iption law, and In substance calls upon
tho Legislature OF Georgia to nuliify 1t. Strange
that such demand should be made Of staid old
Georgia. while Carolina and Virginia, the great
nurseries Of those State Rights doctrines which are
claimed to be impugned by the act quietly support
and scquiesce In it. The document is further u
highly inAanmatory popular appeal against the
act, and holds it up to the people violently and
unlawfully dragging them from their families 'tn
chains" to the camp. and thus opposed to State
system which would leave the matter Of going to
their own individual choice! How the Governor
can reconcile such presentation Of the case with
candor and fair dealing, It ID for him to say and
not for us to conceive The real choice H. q
every ono knows. between conscrtptton and the
dra for volunteering, except to avoid either, has
now reached iss dnal limit o, for plain and manly
dealing with the people by our public men.
In the Supreme Court of Georgia, last week, the
case ef Asa O. Jeffers, q conscript, against John
Fair the enrolling officer, decided against the
former. The counsel for the eonscrips urged:
1st. That Congress has no power "to raise ar
mics" by compuIsion, but is wholly dependent for
military force apon the voluntary enlistment Of
men ; and il l; need more force than its army
thus raised and its navy, then its only II
to "cali forth the militia Of the btate&" ID That
all armies raised by Congress In any oth.r wsy
than by v0luih Afy enlistment, necessarily mi.
litis of the States" and to be commanded by Off.
GERS appointtA by the States Alone and not by the
thsrefor Sd. fhat in raising armies, Congress has
no power to discriminate between classes" for
such power il possessed, IL unlimited, and involves
q power in Congress ITO disbAnd and annihilate
the State gossrnments by conscription Of all the
State oficers executive. legislative and judicial.
whenever It l ~ wickedly deem the State govern.
ments an evil or may In its Transition to imperial
power, aim II destroy the States.
approved the sth day Of April, 1862, Is not urcon
stitutonal In tis that the persons enrolled under
said act have hJt the power to elect their own off,
GERS
that It does no. allow voluntary enlistments, but u
compulsory.
81 The &C, 1. constitutional In this, tha. 1t does
not have q tendency to destroy the State govern
mentA
lth. Any oouseription act which has tendency
to destroy the State governments 10 uneonstitu-
NOnAl
Ju1ss jenkins, who delivered the opinion Of the
With The Of Tie aeoon md sRs ocn
sequence involved; and, with q conviction Of its
duty conscientiousy to construe the constitutional
powers Of tho Confederate Government, and Of the
6tates.
It was manifest, on even q cursory reading, that
the counsel for the plaintiff confounds these two
provisions: one giving Congress power to raise
miles, the other. tho power 10 call out the militia to
repel INVASION &c. At one view, 1t may appear
that these powers arc one aud the Same. 1t is ne.
cessary to eonAider them carefully to arrive at Q
proper distinction between them
The 9th section, lst article, Of the Constitution,
0QUm068H0D tQ0 ROW0kD u OO0&t0oo ~ 1OllOWos
To raise and support armies; to provide and main.
tain . navy; to make rules for the government and
regulation Of the land and naval forces; to provide
for calling forth the militia execute the laws,
vide for organizing and arming them, 10. rsserv.
ing 20 the States the authority 70 officer them
Il will be seea that the two clauses, ITO raise and
support armies," and ITO call forth the militia"
The power 10 csi forth the niiitia d for the pur
pose Of repeing invasion, &c. It II apparent that
this power, In tho emergencies enumerated. u In.
tended to meet . sudden, pressing necessity. It
the grant to also ndsupport armies. In the Uni.
ted States Government after which our Oon6itu.
ton, In reference to carrying on VA, &C., copied,
It has never been the policy to have large standing
Hence the trainers Of the Constitution thought
proper to provide for emergencies. These consid-
sraons force to the conelusion that the two pow
ers ars distinct and 10 clear It seems that to state
the position seems to prove Il.
But 1t 10 maintained that the conscription ast ID
IN attempt the part Of Congress to call out vol
unteers and that It deprives States of the power
to appoint oncsFs &c. This point must be settled
raise and support armiss." or "to call out the
militiat' The only ground on which Il can be
applied to the last Il that It takes the men con.
situting the militia The statas Of the citizen 10
mot merged In the militia The miiitiaman does
not csass 70 be . citissn; and the eonscription
acts upon population not - mllitiamen, but -
citisens The policy Of the militia law b 90 enroll
the able-bodied men. though there might be many
below and above the ages Of whom militia duty Is
required Ssssral rus being the object to attain.
II 10 sre correct in holding that the two grants
Of power are separate and distinct, and the power
claimed is decreed - Oongreas. how are armie: to
be raisedf What resource he's It, but foreign hire
lings, from which 10 All up its armissS and from
this humiliating resource we are shut out BY the
block ada Tho statute acts upon individuals -
citizens and not q militiamsn.
The next point II, that tho power Of Congress
to raise armies 10 confined TO voluntary enlisments
grant. The power conferred on OongreD - agent
Involves the duty to exercise II In the emergencies
contemplated. Il there IN occasion at this times-
We are engaged In . foreign war--our country 10
invaded-not TO redress . wrong-but war waged
with degree Of feroeity to force us TO submission
thsn; resting upon the Confederate Qovernmsot the
imperative duty to raise armieA Suppose volun-
teeeinS he's utterly failed and 70 coninse ths war
were nsessefy % raise moro troops suppose. fnr
with folded arms; could they justly this suplns-
nsas By saying that The 0ovenmeaS ha6 gone 70
the limit Of its p0weei The Ooafedseate authori-
tiss, IN pusauing mah eour0s, would - rsersant
70 duty. end wo1lA sxeiss the indignasisa Of IN
~ M ~ broaAsr view, and lock at TIE s@jses
Of States IN foemng the ConSedeatloa. In IT. last
snslyais, Il Win b foand 10 b ths snbodtmsot Of
s1re1sth, to dstse other nations ffo0 snaoash.
nantS. ropel inyaslooa. and redress injuries VIA
in1is1ed 1--WE esuld b assared that wam wo.ia
SrotherIs sSsfs, dat ths milIsnian was uahsssl
8, Ne woua1 ~ lste easA State ssana upon - eov
eroiGnfys aye, ehoMaA ~ eoveenmo1e an9 ~ IaW,
IseShG eaak la1lyldnal law INTO hlnsel& ulns.
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