Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1862-09-22
SENATOR KAYCRY ON THE CON
-aEaRFEaTFnN ACT

tute for the bill reported by the military eommi
tea to fartLer provide for ihe public defense:
lis President: At the last session l vote
for the act, commonly called the eonscrp6o
act. chiefly because Of tho necessity Of keepin
Ia the army, then menaeed by superior number
Of the enemy some seyenty-tve or eighty theI
sand experienced and brave soldiers, who's
terms et service were expiring, even while "
were ensctiBg the law. Had it not been fc
that controlling necessity, believe another mod
Ot raising nsn for our armies would have bee
adopted. That reason-tLas hard necessity
does not exist now. Our armies are driving tn
enemy before them, and we can deliberate upol
ana adopt tho best means of recruiting them
without doing violence to the feelings or preju
dices Of any.
The attempt to put the law in force has calls,
forth solemn protests from at least two of th,
governors of the States against its constitution
( atty, and has iE some other quarters produced
ifrite ticn on account of its laWlessness and sup
posed violation Of State rights. In one instanc,
. sn actual collision between the authorities of
sovereign State and of the Confederate States
was alone prevented by the prudence and mode
ration Of tie President, for which be deserves
+ we'll OF the country.
have not had, sud 90 not now have par-
leie oi doubt in nay mind as TO The eonstitu
li5H8.y Of the law. l have not read or heard
I of an argument against i5, which l conceive
tenab.e; and IN proposing now to raise troops
for our army IN some other mode, it Is not that
conscuyi0u is unconstitutional, but that is wise,
in my opinion, to act as far as possible, in har-
mouy with the authorities of the several States.
IS long as we can do so consistently with the
duty 70 the common cause. If one or more of
the sovereign States conceive that conscription
Is wrong, ana yet are wiling TO furnish al the
troops required through State agency, the main
object being to obtain the troops, II seems to me
10 be both wise and digni6ed to accept them at
the bands of the States, and to f0rego our right
TO 90 into State and TO enroll the men " indi-
vidually." We should remember that State
J7alousy-State sovereig gnty-which ia some re-
specis Is the strongest, yet may become the
weakest pom; in our organic system. We should
remember that, no matter what may be the
lngic of our position, the States, in our aCknowl-
edged view Of their relation to this government
and each other, have the right to Judge for them
selves, in the last resort; and on q question of
the invaslOus OF their rights by this govern
msIlt are likely to decide that question from
it-s-T 0wa standpoint and in favor Of their own
iHteIestS. Is seems % me that no statesman
would, without the SteTnest necessity, force such
an issue upon them. Ia a war an aggrieved
State may yield its judgment simply because Of
eIterDel pressure, and -tbe danger of intestine
division
Saeh was the action Of the Conscript act Of
the governor Of this State. But the matter eau
not and DOES not pass away with mere protest
When the war cease5-when this external press
ure Is removed and peace gives occasion Tor the ]
tu- Development OF State sovereignty and re-
soUTcGs-sncl collisions, such temporary sub
mission, favored by circumstances, arc Iemem-
bered; they are like old wounds, aud occasion a
Jealous aud wstchiul conduct toward the Con-
tedeTgte government, and tend to breed parties,
which, in the end, may disrupt the government
desire, IN al my action as q Senator, to give
rs little occasion for Temembrances Of this kind /
IS possible.
Selstors speak of prosecuting the war with |
energy. Energy which arises from the smooth |
md harmonious action Of all the parts Of our |
complex government. in favor. of common |
sause, IS one thing-Gnd in my opinion, ths one |
hing to be desirei-snd that energy OF oue de-
which produces discord between the
j-ats governments and that of the C5ufelsTate
5.st7s is another thing, which, in my opinion, is
most deeply 20 be depl0led and to be avoided
-Ae former l desire to prodace by the substitute
otfsr. u is q pssce offsring. The OCCASION is
GopidgUs for Offering it. Oar armies ate victO-
ious sud the people and authorities of the sew
Tal States, Fl lei with patriotic fsrvor aud hope
giA promptly respond TO whatever call for aid
- ]
1ent-may call for.
The first section Of the substitute authorizes a
ali upon the States to furnish each their proper
ION ol such number of men as you may desig
.stes between tbirty-hve and forty-ive years
I'd, within thirty days, to be furnished in com
anies, to be differed according to the laws of
be State.
The second section provides IN the event Of
he failure Of a State to respond, that the Presi-
ent shall proceed to enroll all between 35 and
.. The substitute gives to each State the op-
ortuaity and privilege Of furnishing its quota,
hcered by Itself Who can doubt that the op-
ortunity viii be seized upon with slacrity by
ach State to exhibit its energy and patriotism
by, sir, when the last call was made upon my
tate for twelve regiments she furnished over
Ienty full regiments. Ny substitute leaves
be conscrpt act in full force; and, by means of
nat act, properly administered, after yOu have / ;
uiy amended it and the exempt law, you will
e able to raise meir enough between IS aud So
ili up the old regiments to at least 700 or 500
zen each. {
There is another difference between the sub :
itute and the bill Of the committee. The latter
l.y authorizes the President to enroll the men g
he sees proper under that bill, he may delay
Jing so, or not do 50 at all.
Now ] call the attention to the message of the
resident. lie says events may happen which :
i'll render it necessary to have the men. etc
e seems to intimate that at present there is no .
.ed Of more men. ii that is the opinion of the
resident, then, as a Senator differ from him,
ID express my opinion that we need the men
Jw. We need TO 90 to work at once to raise
ID equip and subsist them 1t is true, our 4
mics are everywhere victorious, from the Mis-
5sppi to the Potomae but we need to keep Z
EN- in the path to victory-We need so TO &
reDgthen them that they shall rush through the b
aukee capital, blow up every vestige of its s
lbiic buildings, and press on iRto the heart Of
@ enemy's great cities, and IN the midst Of his =
sasures, and IL the citadels Of their power die f
te peace have ever been of the opinion that y
was unwise to permit the war to have its seat b
ID progress In the midst of our institutions
Id that while we should assail the liberties and Y
istsuce Of no 9th people, we should defend t.
r own when assaied on the very hearthStones t.
our sssailauts. We want no protracted war; L
want peace--the dearest most valued privi-
se Of a Christian people. To have peace, we n
,rt q numerous army that can dictate it.
ieTef5Te, Alr. President, ia the substitute have
cred, have not only authorized the President a
cali for, or enroll these troops, but have made B
" his duty" to do so.
In another particular the substitute differs from
bill Of the committee. The latter does not
A-A l-t -AIA-CAkg NpaklOA Audae TIC gov
lor of Georgia, leaves the question as it
,od before. In my opinion, the conscript act U
nld well be construed taken in connection
th tie exemption act, as exempting State off
rs. I think, indeed, that they are not liable
conscription by the organic law of the Con- G
tuition. l look upon the exemption act, as far L
1t relates to governors, judges, members of te
ngTess, as simply deearatory Of constitutional d,
R--and not as IN fact exelnpting those eff "a
rs But as the question has been raised, we d,
ould meet 1t and not leave it in doubt My u
bstitute, therefore, declares that no civil or u,
leTy authority Of a State shall be enrolled by bI
e President I held that we have no power to bl
so-that Is d reserved right of a State to keep
RECT its own State organization. That or III
nization Is executive, Legislative and judicial fe
N have as much power 70 trench upon and W
rtsll all OF these departments OF State govern Of
7nt as you have to take Justice Of tie peace
a constable aud put him in your army. Is II
s been proposed IN the Senate to-day, in con AZ
leTing the exemption bin, to enroll Justices Of 81
q petce as soldiers in your army; and the q,
I