The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1862-09-10
~. JOHN a. 0ILMER AND THE CON
~ SCRIPT ACT-THE SECRETARY or

TO the State RisAt,. S.rict Construction Msm6s7s o
Congress, aoe in session
On the 9Th Of July ]. II GILMFR. Esq, gave
written opinion to certain gentlemen in crested in
tie question (who has consulted him. the Con-
script act of the 18th April, 1852 In that opinion
the following language was used:
"On Ibis subject, etter the most soicitogs and ma,
fMred confederation, hare not shadow Of 3gaJt -
an perfectly clear and distinct in the opinion TIA:
this order Of The Adjntdnt General is an direct and
unmisfakable conflict nth the laso Of Congress- and
also that there is no potter. eitf' an ne AaJataa
General the Secretary at Far, Tie President. all
c,mbined, 10 intnpotate any act Of Congress or 10
Te0okf, modify, or eItead its provisions, in the ojseace
of such posc created and bsstoced By The express pro
rfsions Of the lar ITSELF poTer derisfd from and
distinctly trdceabie to, an express gram IF such po
in the Constitution. Ihdre not been able discoJ
aaysnheye the grant Of such p0soer, by the
most iatitadin0us implication. I'm, therefore, con
strained 10 gue IL ma deliberate opiai0n thai he
order in question cannon legally direst impair,
tail any right prirlege impaired 10 tie certain
designated persons in The Conscrapt dct.'
Il there Q States Rights. strict constructionist
member Of Congress who WW deny the faH legal
force Of this language
On the 9Th Of August, Mr. GilneSpublished a pc
tition for and in behalf of his clients. who. rely ing
on this opinion. sought redress of the constituent
body-snpposfd to be-the repositories of popular
and military remedies in case of "a plain, pslpsble
and dangerou. infraction" of the laws: In tina,
petition the following language was employed
question, a. De as iis Uords. contert and subject
matter, are plain and unmistakabte. There IS no
point, no Tord, no otlect. no purpose mich is mot
fairly and plainly etforth Tile question then pre-
seats itse PAINFUL serious and oital, shall the tap
prerGH OF shall The Intervening, unauthorized inter
polasion Of III. Sscreary at Var preeail2 Shall an
army order reroke a solemn dct q Congress Shall
CoaSvess the Ereca0e rule the people coatrO! the
army. and lSSislate for The country Hare con
srtati0nsl Government aeith specific pouers granted
Aey0nd rAich no department of the Government shall
pass, on haze an unlimited Government dependant
only on Ezeeafire niH ministerial copyiceS Are
tie people free or Is the Ereeutine supremsl"
This was plain language, well uttered. AND TO
THE POINT.
This petition was presented to Congress ON The
FIRST DAY OF ITS SESSION, and at once referred to
the Committee On Military Affairs
Since that date. not one word has been heard
from that petition. A significant silence; an UNI
accountable non action by the committee existss-
Why is thar Are not the principles enunciated
vitala 10 not the issue presented worthy Of con
sidorotton9 II the committee dissent from the re
uton II It not due to the petitioners to report and
Say wherein their petition IL not allowable
But was 4f. Glmer wrong IL the petition with
ont Just foundation Z II wrong, why not condemn
II md sustain the action Of the Secretary of War
Dut before this 10 attempted, allow me to direct
your attention 70 the emphatic language of the
6eMetaxy Of War In his letter 10 the Governor Of
Ussth Carolina. 1t II emphatic, conclusive and
sastaans Ar. 0timsrs views to the letter. Here it
A-slaA It:
riu accept The State troops in tssir present organ.
1zaftos, 10 Be recetusd the sume footing nth 0thtr
rs4Smeats already in the Confederate seyUice the men
seer y ard under IL 70 be discharged pithin NINETY
80 Jsom re iosA q april and their place snppfitd
from s enrolled eoascTipfs The right Of yforganiza.
tos ~ election belongs only txtiue months msn
1Aese rho sslim for long shorter period remain
~ re ss,etee on tAesr esissinf organizations These
peelfc tnquiries TIE saromsat Of conscrfDis Lii
esns1s ~ soon ~ tAs requisite reg ala.ions can Be