The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1862-08-16

ystisie~es n av. ne pepssar cor sA - iss aas~sA
~ mt n disclosed nes, secra and dangerous swtsg u
executive and mnset peso sSiooked for Is u 'eos
inan0.vasd on Me dsaarsi riacik of seynai gpes
an6 says ding % eecuhrc laad kpisIaia
erseaehmens tao chartered rights IA oosstsisorsi
fvsatass of he people. Sanieaea q wi4 b assuzse
p.sgr esere tco,ced. iada 10 b bestowed.
and sserrse hiGh ret,cano end o~astng prssoatios
postsce wand distinctly inhsJped presented pain
Jxt Instance Of fIas p1lpcbis G~d dangerous f0con
ne eoniutinscl slna'tsss and rested rights Of yo.r
psoRs declared " your honorable body and Ensais
tlkatiy oaaosneei in ne C5ase,sS aa.T ~
Your petitioners feeling that this interpolatng order
OF the Adjutant General a clear, papable and
authorized the Lac) inraction OF thor rights
suited counsel and procured his written opinion, which
was PUBLISHED and viii be laid before your honorable
body In thus seeking COUNSEL your petitioners were not
actuated by any otbe spirit than that Of disposition 70
ascertain their legal rights as defined and enumerated BY
yorr honorable body. They had volunteered without
the least idea OF the passage OF such law Tint law
without their solicitation not only revoked and annued
the OF their volunteering, but, In distinct terms
released them all military service after l0h day
OF July, 1867 considerations to society and fae DIFF
frsm States for the unconditional. peremptofy and
mandatory draft which the law made indisoimi-
paely the community. II in express terms frt'asei
all thrtynve years under eighteen years that
nS claim, demand and tmpress all between those
r. discarded those thirtyive years OF age that
nigh caercr those undor that age.
ms wss severe sax on the community at largo, and
your petitioners q class. Ii took
the tnhood and youth OF tho country. with without
their coascnt. but yrderiook and guaranteed that all
Y
charged. This was, terms, solemn Legislative
pac. with tie States aud secretly As such severe and
harsh as as, was ratified by acquescsnce, and no
Your petitioners even would greatly prefer that
should hass remained they were; but they
d. posed 81 by The AR and respectfully insist that
what the law did the Secretary a. Var undo The
compact made BY your honorable body, II good in
part. must stand unaltered In every part Tho clause
leasing your petitioners proviso and was and
paramount the the main body OF the
act II was the oodcl TO the legislative wn and was
"a. iori m fS n n
act which might happen to conflict with it, II the retro
active Interpolation entered by authority Of the Secretary
at War repealed that provso, according to all law and
every rule of sound construction the repeating
der would annu aud destroy the main body Of the act
On this subject your petitioners are advised auhori
ties most satisfactory.
But tho Secretary Of war has repealed the provso
called the Of discharge. and placed his
strucon the whole law, and directed that your petit
TONERS should not be discharged-the twelve months
menunt the expiration OF ninciy days after their term
OF service and claims 10 retain all persons enlisted for
the previous 10 tho 10th OF April 1862 for ths
Your petitioners are advised that the rights privileges
immuates vested in them by virtue OF the proviso
to the said act r and complete attended by
dtons and restrained by no qualifications and that those
rights admit Of no intermediate and counteracting
partment OF tho government They aver, most respect
fully, that any ntcrpolatng retroactive orders,
whether by the Chief Magistrate any of
his subordinate functionaries Is in law (howover they
may temporarily act your petoners) unavailng null
and void. But they arc advised that as there is in
operation judicial process by which they could test this
matter a class their only legitimate means Of redress
Ia through your honorable body.
There be question that OIL laws passed by Con-
gross are supreme and challenge the o,e;r oauisrcrcs
Of the President and department OF the government
until they are repeated or pronounced unconstitutional by
competent Judicial tribunal And violation Of any
Of such laws by department of the govern
ment is not less cupable than similar violation by any
other member OF society
The reason spirit and Intention OF the law in question
well its words context and subject matter plain
and unmisiakabIe. There no point, word, no OBJ
eot purpose which Is not fairly and plainly set forth
The question then presents ITSELF painful and
vital shall the law prevail shall the intervening
authorized interpolation Of the secretary Of War prevail
Shall an army order revoke solemn act of Congress?
Shall Congress the Executive rule the people, control
the army and egsate for the country? Have wc con
srtonal government with specific powers granted, be-
You'd which cepar OF the government shall pass,
OF have we IN unlimited government dependent only on
executive will or Ministerial caprice? Are The people Free
or is III: Erecp,irs supreme?
These idle questions. They are solemnly pro-
poandod and merit solemn response. It legislative
eacroachmants aid executive lsgrpauenS which de,
stroycl tie Union, never to be restored. Shall the
Southern states confederacd, yield tie destroying
element seif-destruction? The answer which your
honorable Body may st 10 give will descend with its
wsighiy CONSEQUENCE to posteity The OF history
i MT less potent in iis warnings against executive as
rca ministerial abuse Of power than the hopes Of
tho 'uture are dependent on your response
Ii view Of the dangers which beset the country your
petitioners better conclude their appeal than by
adopting the significant language uttered by Patrick
Henry the Virginia Convention, on the eth OK January
17ss. when he exclaimed The real rock Of poc saliva
ton ~ selove-perpe1ated from age TO agcin every
human breast and manifested in every human action.
hen the Commons Of England, in the manly language
which became freemen, said to their king, oa are our
servant then was the temple OF liberty complete"
!, is with no view Of avo1ing danger or shunnipg
sponsbiities that your petitioners ask their discharge.
Their hearts, hopes energies all enlisted In this
They had rather lose all and perish themselves than fail
TO maintain the cardinal principle which this
turns They win yield to nsolent foreign foe,
or succumb any power which seeks to subvcrt the in
herent rights OF the States to destroy the individual
liberty o the free born citizen Feeling that this order
Of revocation General Order No. 46) net only their
rights, but the rights OF the people and the legitimate
and functions Of Congress- AWAITED and endan
gered hey seek the proper remedy should their services
be needed, they, and al they have viii be freely offered
up the altar Of constitutional liberty Blu. they are
MT prepartd TO yield sileLl submission the violation
OF their rights the subversion Of their vested nmuni
ties, when their tile pers are derived from your honoG
OLE boiy
Your petitioners respectfully ask that they may be
fully heard before your honorable body through their
counsel. THE PETITIONERS.
ns theT counsel JonS n. GlNSR.