The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1862-08-11
,.s,. eaas ssa aa,sl,,al.s, announced ia ID.

osaai. heas, AID aaiasiskshl. aano''hasa IL tos
Conaefirs Ae,
yosr petitioners feeling that this intetpolssinE
order Of tbs Aajutsn, taenesal was a clear ralpa
biz, aud unauthorized ibs the 9aat nfrastien OF
their yialis consulted counsel, and procured his
written opinion which was published. anu w
he laid before yonr honorable poay. IN .n"s
seeking COUNSEL. year petitioners were not actua'e"
nv ANY other spirit than that of a disposition 10
aseer.aia their legal rights as defined and enumef'
a,ed by Your honorable body. They had rofaa'
fetrsa withoa, the least idea of the passage OF any
such law That law without their solicitation NOT
only revoked ana aHunlet the act OF Their Voinn-
teering but in dist,nst 'esmS released them from
ali military service after the l6th LAY Of july, isn2,
as a consideration 10 soe,ets ana the different States
tat the unconditional pe,emptoiy, and mandatory
draft " hieh the same law made unfortunately
on the community. Ii IN express terms released all
over 81 years under IL years, that n NIGH cias.
demand, aad impress all between these ages. II
discarded thore uveC ~ years NJ age that 1t might
GEORGE those under that styc.
This was a severe tax on tae community at Large,
aud not less severe on your petitioners as u class
II took the manhood and youth IF the country,
with OF without their coascnt but II undertook
aud guaranteed that all - years or under Is
years should he discharged This was. iii terms II
solemn legislative compact with the States and so
eety. As such severe and harsh as 1t was. II was
ratified by aequie scenet. and no settled opposition
was made.
fou petitioners even now would greatly prefer
thar matters should have remained as they were.
But they were disposed 1T by the law, anu respect
fully insist tina. what the law did The secretary nj
War cannot undo The compact made by your
honorable body, If good iii one part. must stand
unaltercd in every part Tile clause reieasihgy your
petitioners was iii proviso, ana was ana IN para
mount to the enactmeBts in the main BODY OF the
act Ii was the codicI to the Legislative will. and
was superior in its active powers to any and all
parts OF the act which might happen to conflict
with it. If the retroactive Interpolation entered
by authority OF he Secretary at ar repeated that
u
seuud construction the same repeating order would
annul and destroy the main body III the act. On
this subject yonr petitioners are ADVISED the AL
tltorires most satisfactory.
Blu, the Secretary at War has repealed tue pro
viso recalled the warrant OF discharge, aud placed
his construction ON the whole law, aud direct
ed that your petit toner's should not BE- discharged
the twelve-months' men--untii the expiration OF
ninety days aft their term OF service and claims
retain all persons enlisted for the war previous
10 the ioth of April is03, for the war
Your petitioners are advised that the rights
privileges, and inlmunies vested in them by virtue
OF the proyiso TO the said act, full and complete,
attended by conditions and re strained lay no lali
hcaiions and that those rights admit OF no interle-
aate and Couutcractiug restrietlunS, either from
the Executive or ministerial Department OF the
Government They aver. most respectfully, that
any incorporating Or retroactive orders whether by
the Chief Magistrate, or any one or more OF his
subordinate tunctiouaries, is III law however they
may temporarily act on your petitioners unavali
there is i'll operation judicial process by which
they could test this matter class, their only le-
'riins-e me ans OF redress is through your honora-
Bile body.
Iacr. can be no question that all laws passed by
Congress are supreme ana challenge the obsa.nt &c
qaiesc,ace of the President and every Department
oil the Government. until they repealed or pro
nouilced uuc ,titutional by competent Jud!cinl
tribunal And any violation Of any one or more OF
such Laws by any Department Of the Government,
IS not les cuip ..ble than similar violation BY any
other member OF society
The reason spirit and intention OF the law i'll
question as well its words context, and subject
matter are plain and ui.ntistahahie There is no
point no word, object no purpose. which is no;
fairly and plainly sat forth. The question then pre-
itself painful serious and vital sh III the law
pre- all OF stall the intervening. unauthorized liz
terpolaton of the Secretary At War prevails Shat
All army order revoke ii solemn set OF Congress p
Sh all Congress or the EXecntiye rule tie people.
control HE army, aud lerisae for the country F.
Have We constitutional GoVeEunent, with spe'
ctiir powers granted, beyond which no department
Of the Government shall pass, Lave Z uilim.
tied Government, dependent only on Executive
"a i'll ministerial caprice Ars The People free or
is me Erechtire snpremec
These are no idle questions They are solemny
and merit q solemn response. Ii was
legislative entertainments and Executive usurpa-
tons which destroyed the Union, never 10 be
stored Shall the Southern States coufeterated,
Weld thu same destroying element o; setdestruc-
see lit 10 give will descend with IFS weighty conse-
tueDoes to posferity. The voice of history is not
less potent iii its warnings against Executive AS
sumption ministerial abuse OF power than the
hopes vi the future are dependent on your respose
In view q tie dangers winch brset the country,
your petitioners cannot better conclude their APP
peal than by adopting The significant language ut
tered by Patrick Henry III the Virginia Conyen-
ton, the 1gh January. l1~S, when he exclaimed
The real rock Of political salvation is elt-love-
perpetuaed from age 10 age-in every human
breast, and manifested in every human action
When the commons of England, in the manly Ian
guag which became freemeu, said TO their king,
YoU ARE OUR ssRvANT,-then was the temple
Of liberty complete
It is with view of avoiding danger, or shun-
ming responsibilities; that your petitioners ask their
discharge. Their hearts, hopes, energies, are all
enlisted in this war. They had rather lose all and
perish themselves than tail to maintain the cardi
uai principle on which this war turns. They will
Ne yer Yield to insolent foreign foe, or succumb
TO any power which seeks to subvert the inherent
rights Of the States or to destroy the individual
liberty OF the free-horn citizen Feeling that III
his order OF revocation. General Order No. 40
not only their rights but the rights of the people, and
the legitimate powers and functions of Congress,
are invaded and dangered, they seek the pro-
per remedy should their services be needed. they,
and all they have will be frey offered up on the
altar of constitutional liberty. But they not pre-
pared WELD silent submission 10 the violation of
their rights the suhyersIon OF the vested immu-
mites when their ,tle papers dertced from your
h0a0rabis body
Your petitioners respectfully ask, that they may
be fully heard before your honorable body through
their counsel. TIRE PETITIONERS,
BY their Counsel. JOHN Ii. tiILMER.
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