New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-07-05

Contederacy; nor can conceive how the gran, Of
s. sad 70 Sss.s r SS s
to be restricted or diminished by the clauses which
grant divided power over the militia. Ga the
contrary, the delegation of authority the mill
tia, 70 far as granted, appears to me to be plainly
An additional enumerated power intended to
streng hen the hands Of the Confederate Govern
ment in the discharge Of ito permanent duty, the
common defense Of the States.
You state, after quoting the 10Th, 18th and l6,h
grants of power to Congress, that these grants Of
bower all relate to the subject matter, and are
all contained in the same section OF the Constitution
and, bv a weknown rule Of construction, nist b
taken ss a whole, and construed together"
This argument appears to me unsound. All TIE
powers Of Congress are enumerated I'D one ssclioni
and the three paragraphs quote can no more control
each other by reason Of their location In the same
section than they can control eny Of the other para
| graphs preceding intervening Or succeeding. 80
| far IS tbs subject matter Is concerned, nave
already endesvorsd 10 STOW tnat the a,n'ee
mentioned in the 10Th paragraph ere fubjecs
matter distinct from the militia mentioned IN TIE
18th and 10TH they are from the navy, mentioned
ia the i3th Nothng can 20 mislead as TO cons'Ius
together, and as one whole, the csreiuiy-sepaatea
! clauses which define the different powers TO 70
exercised over distinct subjects by The Congress.
But you add, that "by the grant OF power 10 , on
Qress to raise and support armies without qualica'
tion the trainers OF the Constitution intended the
regular armies Of the Contederacy, and not srmiss
AZ
innst confess myself somewhat at O oes 10 m
| de-, stand tot, position. If ] an right thai ths
militia il q body of enrolled State Soldiers II 10 Iot
possible in the nature Of things, thai arnies raised
by the Coufederacy can I've com osed OF inc wneie
militia of al, the States" The militia may he ss'Ied
forth in whole or ia part. into the Confederate ser
vice. but do not thereby become part Of The armies
raised" By Congress. They remain militia, ana 30
LONE when the emergency wa'ch provoked their
call has ceased Armies raised 0y Congress are OF
IL, .lxfla "a The. m N.
GA lied by the States, and to deny to Congress ne
bower 20 draft citizen into the army or ~ receive
hs voluntary offer OF service because b member
of the State militia is to deny tie power TO raise an
army at ALL for practically, all mel ht or service ~
The amy nav b. embraced ia the militia Organize
lions of the several States. Yon seem, however, 70
supes, rather than directly to assert that the con-
.e,lrd law may be unconstitutional because u som.
, preienos all arms- bearing men between 10 ana oD
vcsgs; ct leas, this 10 an Inference which efaw
rom YOUR expression, " q miss composed OF the
WHO militia of all tue States" Bat 1t ID obvious
thai If Congress nave power 70 DRAFT into the armies
raised by il any citizens at all without regard 10 the
lac. whether they are not memcers Oh ninthi OF
c,ni,arions, the rover must be co-extensiye with
The exgencies Of the occasion, or 1t becomesinsory
and the extent Of the exlgency must be deteIh
w Congress- ior the Constitution has ieit me power
without any ether cheek or resii.uoh tDah INC
Executive veto. Under ordinary circumstances we
rover TINS delegated TO Congress Is scarcely 'eh oy
Inc stafes At tire presen, moment, when cur very
existence is threatened, by arles vastly superior Ia
numbers 10 cure, the necessity Tor dei:nse hss III
duced CALL " not for the whole militia OF all the
States" mol Tor any militia, but Tor men 10 co~Po"
armies Tor the Confederate States.
Surely there is no mystery on This subject. Dur
mo cur whole past history, as well as dunng our re-
cent one years experience as new ConfedeI"cy,
the militia have been called forth to repei IN
vsson" in Numerous instances; az they never came
otherwise ihau ae bodies organized by the States
with their company, field and general oicsfs; aod
,visu the emergency had passed, they weDs nome
again. ..,.,.
Co,scrption lyy as taking away from the . es ,be
ny.sr 20 appoin: oAcegs 10 tHeir militia. )on oo-
serve on this point in yOur letter, that unless your
cor struction is adopted, the very Object o. ne
states in r,seryng tue power OF appointing the ON
GERS is defeated, and that portion u ihe Cons.1-
,i"n is not only q nuliity, but the whole military
power OF the Slates, and the entire control o. ne
= itis with the appointment Of tie officers, Ia vft,
ri In tbe ConfedeTnte Government, whenever u
choose 10 ca lis own action raising an army, "no
not calling firth he militia.
/ can only say, in reply " TINS that ne poWe,
Of Congress depends the real nature OF the act
proroses TO reriorm, not on the lame given ioti
aud ! hsye epdeavored to show tnat its action
REALLY iha' o, Hing army ana oeais no zen
imay safely venture the assertion that there Is no'
ssry;ce under lie CONSUMPTION nc. tba. would de
sc, hs himself while in The Confederate service, |"
- niti1msn; ard # am night IN tnit assniDy'
~ ,be popalar understanding concnrs erIirely
VII. ms own Deductions fsom the CONSTITUTION as"
The meaning Vi the VOID "pnif "a.
\ Nv answer has grown TO such q Length u4i
u,usf corine myself to more quotation from
vour letter. You proceed: Congress shall have
hover 10 ,oiseorWses. How shall IL be done Tue
answer !. clear In conformity 10 he PROVISIONS oI
the Constitution, which expressly pr0Wdes taa'
when the militia OF tie STATES are caligu i"i,n 20
ysoeI ,nposioa. aud employed in the service OF the
Confederate States. which Is now TIE case, Tie Stale
! shall appoint the officers.
! beg you 10 observe that the answer whlfu 20"
cav is clear, is not an answer to tie question Ia'
The question IS, How ara armies 10 be RAISED ihs
nsyer given is that, when militia are called io!tp
40 ,epe invasion the States shall appoint the oicert
/ There ssens 70 me TO be- conclusive tes' on ihn
vvbol. subiec, By our Constitution, Congress may
declare war lsnsiye as well defensive IL may
acquire territory. Now, sapa9ss lhal, iSI 20"
should declare war against Mexico and II. ~@es
Sonora. The militia cDuli MOI e called forth in
such case the light to call it icing imed to repel
lnya.ions." |. /. not plain that Tue law under
DISCUSSION II passed under SUN cir III, tancet coeld
BY possibility be aught eise Ihan law 10 raiss
an army Can one ana ire same Law be construed
INTO calling forth the militia, ii the war be de
fensiye. and raising Of armies" II the war b
ohensiYel
~ s0ae future deg after iadepeadeRce shall
h0re been esidtisAeG, IS no mProodote sappos",os
that our present enemy may be tnpted 10 aohss .s
nOrdf B0EeT ty depred0tsoHs on dar commerce, dad
Fiat re may BE- compelled ~ assert yieAts by
e6enstrs arar. How is this to be carried on Z
or what is the army 20 be composed II this Gov
ergment cannot call on its arms-1earing population
more than militia, and If the militia can only be
called forth 10 Tepel INVASION We should be utterly
helpless 10 yndicate our honor VI project our rights.
War mas been well styled the terrible litigation Of
nations" Have we 80 formed our Government, that
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