Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1862-06-17
Executive DEPARTMENT,

RICHMOND, 29th May, 1862
DEAR 5rR:-l received ycus letter Of tbs Sth
inst. in due course, but the importance CT the
subject embraced In it required careful con
ode1htior; ara this, together With other pre.s
Ing duties, nas caused delay In my reply.
TIE constitutional QUESTION discussed By Jou
ir relation 20 the CobscyiPtion Law bao been
d&l; weighed befoTeI Recommended to Cvn.
sTesS tie pas1:ge os tucn Law It vas fully
debated Ia botn houses; and yhur letter has
moi oalc cee0 submitted 20 NV Cabinet, but
q written opinion has blcn required from ihs
ATTORNEY G,nsia'. TIE conslilutslality'o the
lIw SO; sustained by very largo msioritts i'll
oott n0rssa. This decision of tho Congress
Gieh,s tho concurrence not only Of M Own
Judgment, but Of every member Of the Oahis
Ee'; aad copy of tina opinion of the Attorney
GeusIai, herewith enclosed, develops the rea-
spns ON which his conclusions ere bsaaG.
/ propose, however, from my high respect
70. Jau self, end fo7 other eminent citizens,
who entertain opinions similar to yours, to 30,
fsrtn, somewhat ut length, my G1n views on
the power of the Confederate Government over
lis oEa armies end the militia, and will endea-
vor not to leave without answer any If the 90
sitions maintained in your letter.
The main, if not tho only purpose 1er which
indafandant States form Unions oyUonfeaeTa-
aaoe, i7-ia saab:aesthe power Of she-se@ed
members in such manner sa to form oIe nait6d
force il Ill relations With foreign powers,
whaths7 Ia peace or in war. Each State am
ply competent TO administer and control its
own domestic government, yet too fsebls,slc-
cessiuilJ 20 resist powerful! nations. 5es6s
safetJ by uniting with ottel States in like con-
di,;nn, and BY delegating to some common
asant no conbiaod strsngtn of ali, IN order to
Secure advantageous commercial relations in
pcace. and &c carry on hosdlit:ss Hth {! ct in
Il'.
hG". TO powers dc!sEstsl ~ Tie soTeTai
Sisiaa Il, rhe Confederate i431arnnsn,, which
j, theft 'a)mrnoa ssent, sTe enumerated in the
Sth section ri the Constitution, each power be-
ing distinct, syooifc, and enumerated in pafs-
sr.n' separately numbered. The Only sxcep-
tim :; ae ls.G paragraph, which, t7 its Own
iar;a;s. il rn.da da1saCeni az li!osa iIa1'ia:.sy
s;.Urnoia a. i@IioHs
''lS To Mako all lGHa which shall lis ii1.;ra
saI7 aud proper foF carrying ntoe1e"utioa the
ioisguiOg pnse!s," &c.
Nov, the VAT powers a antsd to lbs jon
gTasH arc conferred il The following Para
gr.;;=:
M Et=ss authority to raise .a7sl;;1e
ness sa1T 20 laJ tho d,ois. provide io1 tie
caiaEcoa ieicnce. sr1 cary OF the G6TernEeat.,H
&c:
No, Il, "tc 6ccla.e var. grant lr.tcrE If
mafQ'ls end recrisa, and make rules concern
ing captures on land AID wafer"
M. IL, 70 raise and support armies; bot
no approprialan Of mons7 IL tha: use shat! be
ter longer tenn than lwo years >
M. Is. ITO provide and MAINTAIN naTJ:'
M II "to mate rules fcr the gorsrr men;
Dad resa'ssion of tbs land aid naval forces
tits impossible 10 imagine more bread
su2. .rd unqualified delegation cfshc 1Eo1.
payer ci each State, than is ns7o contsin.d
with the solitary Limitation Of The approPriss
sicns To two years. The States not only gave
power to raise money for the COMMON defencs;
to declare war; to raise and support arniss
(in the plu7aD; TO provide and maintain ma
"; to go7srn ard regulate both land end naval
forces but they vent further, and covenanted,