Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1862-08-12

organized by Gne StAteS you ~
60 in militia, remain, militia, and when inc
exigency is passed, they go home nnttt'd; nu'
if you call forth the same men BY the con-
scriptioniact for the same purpose, and they
remain for the same length of time, and 40
the same service, they are not militia, but the
armies of the Confsderacy, part of the lana or or
naval force. In connection with this part OF
the subjcct. you use the following:
"Atthe present moment,when our very eX-
istence is Threatened by armies vastly supe-
rior in numbers to ours, the necessity for the
defence has induced 1 call, not for the Whole
militia Of all the States, not for any militia
but for men to compose armies Tor the CON
federate States"
In the midst Of such pressing danger, why
was it that there was no necessity LOT any
militia in other words, no necessity Tor any
abodies Of men organized by the States as
were many Of the most gallant regiments
now in tho Confederate service, who have
won on the battle field a name in history, ana
laurels that can never fade:
We're no more such bodies "organlZed ny
the States" needed, because the material re-
mainIng within the States Of which they
must be composed was not reliable! Inc
Conscription Act gives you the very same
material. Was it because tie officers APP
pointed by the States to command the gal
liant State regiments and other "organized
bodies'' sent by the States were less brave or
less skillful than the officers appointed ythe
President to command similar "organized bo-
dies?" The officers appointed by the States
who now command regiments Ill the SERVICE
will not fear to have impartial history an
awer this question. Was it because you
wished select men for the armies Of the Con-
tpdcracy? The CONSUMPTION Act embraces
alt, without distinction, between IL and 90
able to do military duty and not legally ex-
empt. You DO not take the militia. What
do you take? Yon lake every man between
certain ages, Of whom the militia ~ com
passed. What is the difference between taxi
ing the mili:H and taking all the men who
compose the militia? Simply this: In the one
case you tal:c them piM their officers appoint
sI ty Tie States, aS The Constitution requires,
aud call them by their proper name, mill
tin, q" employed in the service Of the Contedc-
rate Suites" In the other case, you take
them as individuals-get rid of the State OIL
cers-appoint officers oL. your IS cio'ce'
and call them the 4" srmies Of the C0nte'lefh-
cy." And get these armies, like you say the
militia do, will ego home" when the exlgency
has passed, az il IL hoped they are not e2-
pected to be permanent, Ike the regular ar
mics Of The Confrderaay ; or, in other words,
like the iund and naral forces provided for in
the Constitution, from which you distinguish
the militia. Indeed the similarity between
these "%arlnies Of the Contederacy," called
| forth in an e,nereeucy, 10 repel al invasion,
to te dishsnied whch ti!. emergency IS pass
"A ri ,hn" t,,irs, ar f.NitrQ If fr6TDy fr-
ganized and uticerei by the States caNed
t67:k for the sarue purpose, to be composed CT
the same material, and diabarled st the Same.
time, is most remarkable in everything, ex-
cept the nAIne, and the appointment oil OIL
GERS.
Excuse lie for calling y"nr attention t" all
other point in thls connection.
AS you admit that the militis hevr always
been cGHsG ,f"r.h as "bndies organized by the
States" and Theu THUS allied forth, that The
States have always appointed tho others. |
presume you will nUt deny that when the
President ~ authority Of Congress- hes made
4 call upon n s;taIe foc "'1rganized bodies OF
soldiers" and they hare been furnished by
the Stale from the bGuics al her people, they
have entered tn. service al part OF the 1nlli-
Tia Of the State "etuploycd in the service 81
the Confederate States" unucr the 18th and
10th paragraphs OF the 9th Section OF the lSt
article Vi the Constitution.
Your messageto Congress recommending its
passage shows that there was no necessity for
the act, TO enable you to get troops, as you
admit that the Executives 0! the States mad
enabled you to keep i'll the field adequate
! forces, and also that the spirit Of resiS-
teucc among the people was such that it need
Ell to he regulated ard not stimulated. You
say:
liam happy ID assure you Of the entire har-
lnony Of purpose: aud cordially OF feeling
which have cOntlnuei 10 exist bet reen my
sell and the Executives of the several States,
and it is to this causr that our success in keep
ing adequate iurces liz the tiel1 is to he uItri-
buted." Again you say:
"TiYe VAST preparations made by Lhe enemy
for u combined assault at numerous points On
usir frontier And seacoast. have produced the
result that nigh! have been expected. They
have animated i people with L spirit Of resist
nncc 50 general, ST. r~csUlutc, md so self-sacTi-
lirins, that il requires rather to be regulated
than 10 be- stimulated.".
If then The Executives vi the States by their
cordial corporation had enabled you TO keep
in the field '~udequat. iorccs," and the spirit
of resistance WAS a. high DIS you state, there
was no need ofa Couscription Act 10 enable
You To "raise srInlts."
Since the invasion ii The Cnnfcdrracy by
our present elleInY, you have made frequent
calla upon Inc Il" Governor 81 this State Tor
organized b1dita' o: troops. | have re-
aponded Ia every aall and sent them As re-
CURED, "o1Eanizad' according t6Sthe avs
If the State, and commanded by officers ap-
pointed By the State, AID III most iusta;.2rs
fully armed, accoutred and equipped. These
bodies We're called forth 10 meet an tmerEnnfy
and ssSi2t il repelling all Invasion. TIE
emergency is Tot YET past, tie invasion is mol
yet reprl!ed, and they have not Yet returned
home. IF your position BE- correct, they COLI
stiLute NO part Of the land or naval forces, as
they were not organized nor their officers af,-
puinted BIZ the President, rs i: the case will.
the ArInips cf the Coufederacy; bit they were
called forth aS bodies ''0rganlEed and their
officers appointed by the States Hence they
are part Of the "Militis Of Georgia." employed
in the service OF the Confederate States as
provided by the two paragraphs Of tue
Constitution above quoted, and b. para"
graph Ii OF Section y Of the lst Artice,
which Ierius tneIl militia in actual service
in lime oi yer Of public danger" They
entered the eeryice with oaly the training
COMMON to tie citizens Of the State
They ais now well trained troops. But
having gone IN as "bodics organized By the
STATE" or as mit.tiu, you say they remain nj
litia, and go home nilitia. In this case sc
seem TO agree that the State, under The express
reservation in the Constitution, has the right
t. appoint the ohicera. I have the written
opinion Of Mr.. Benjamin, then Secretary Of
War, about the time Of tie last 2all for twelve
regiments, concurring in this view, and recog-
nizing this right ol the Stale. And it is pro-
per that I should remark that the State has,
in each case, tecu permitted to exercise this
right, where the troops entered the service, 10
compliance with n requisit;o upon the etste