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


Tho tins Of their adopting the Constitution.
expressed aldesire, IN order ITO prevent ms
construction or abuse OF its powers, 'nat
further declaratory, and restrictive Clauses
should be added, Congress, at the session pc
p11n' andsheld at the city of New YORK on
"Wednesday, the 9TH of March, 1889, proposes
to the Legislatures of the several States
twelve amendments, ten Of which only were
adopted"
The second amendment was the one above
ouoted, which shows very clearly inst me
Stares were Jealous Of the control when
Congress might claim over their militia, ano
reoIired on this point o further 'srestrictiYe
c1aise,' than was contained i'll the Original
Constitution. ~.
The 10th paragraph of the preceding Sec
ton expressly reserves to the States "the au-
ti,oritv Of t7ainrag the militia according to the
disc;niine prescribed by Congress-" In con-
Tsctio1 with this you admit that the States
r-srrvei the right to call forth their own NIL
l;tia 10 execute their own laws, suppress H.
surrections or repel invasions- Tins authori-
tv 10 call them f6rth would have been Of no
value without the authority to GRpo'"t ?H'cers
TO command them, and the lurther sntitotlsy
=, trm;W them as they cannot. without cN-
GERS and training be the scsH regulated m'et-
tia, which the Constitution slysls "heccs"ai!
To the security Of a free State" r
The conclusion would seem naturally 10
follow that The States did not intend ny any
general words used in the grant OF power 10
rive Congress the right to take from thela' is
often as appointed, the officers selected oy
thrm to run and r~egntc!e their militia, ara
~prepare them for efficiency, when they inay
be called forth to support the 'afy existence
of the State.
The Conscrlption Act emhraces SO large 4
proportion OF the militin officers oi this otals'
as to disbana the militia III the event lhey
should be compelled to leave their cenlinahuS'
This would leave me without the power |"
re-orgsnize them, us 4 vacancy can only !"
created in one OF these Offices by resignation
of the incumbent, or by the voluntary per-
formance or some act which amounts TO an
abandonment Of his command, or by a SEN
tencc of q { Court Martial disrnisslnS HIM from
office. The officer who is dragged from MS
command by CONSUMPTION, or conpu!sloh' all"
placed in the ranks, is in neither category;
and his office is no more vacated than the Of
flee Of L iudge would be, if ne were ordered
into military service without his consent
And unless there he 4 vacancy | have no
right to ill tie place, either hy ordering an
election, u BY Il breret appointment nave
no right in their case to commission 4 cue
cessor SO long III there is a legal incumbent.
Viewing the CONSUMPTION Act In TINS paf-
ticular as not only unconstitutional, out as
striking s blow at the very existence OF the
State, by diSbanding the portion Of her militia
left within her limits when much the larger
part of her :: arms bearing people" are absent
in other States in the military service 'o' the
CouiederacJ, leaving their families; and either
HELPLESS women and children subject 10 mas
sacre 10y negro insnrrection for want oi al
organized force to suppress It, felt 1t an nm
~reratiye duty which | owed the people oi tbs
State, to inform you III 3 drmer letter hat
could not permit the dsorganlzatlon TO taEe
place, nor the State officers t. be compelled L"
leave their respective commands and enter thu
Confederate service as COnscripts. Were II
not a Tact we'll known to the country that yen
now have in service tens OF thousands OF lilclI
without arms and with NO immediate prospect
Of getting arms who must remain for months
consumers Of our scsnty supplies OF Prov
sions without abltity to render service While
tier labor would bu iluat Valuable III their
farms and ~orkshops, there might he tic
seinblance OF 2 plea Of necessity t0r ldrc1nE
the S.qts Officers III leave thcir commands,
with the homes OF their people unprotected,
and 20 iut0 camps Of Instruction, uuder Con
fcderate officers, often much mere ignorant
than themselves OF military seielice or train
ing. | must, therefore, adhere to my position,
and maintain the integrity Of the State Gov
er;nuueut 1T its Executive. Legislative, Judicial
and Military Departments, as long as l can
command sufficient force to prevent 1t from
being disbanded, and its people reduced to i
state Of provincial dependence upon the CrE-
trail power.
IF / have used strong language in any part
Of this letter, | beg you 10 attribute IL Gully
ii my zeal in the advocacy Of principles, and
the cauSe which I cunsider no less tim the
cause OF constitutional liberty, Imperfect by
the erroneous views and practice OF thre:r
placed unon the waLch-towrr r.; lis constant
guardians
In conclusion, | beg III assure you that
fully appreciate your expressions Of persona!
kindness, AMI reciprocate them, i'll 10y feelings
toward you, to tho fullest extent.
l know the vast responsibilities resting up
on sou, and would never willingly add unne-
~cessarily to their weight, or lii any way ci.-
barrass you in the discharge Of your impor-
tant duties. While | cannot agree with yrn
IN opinion upon the grave question under dis
c~ussion, ] beg you to command me at ali
times when | can do you a personal service, |
or when I can, without a violation OF the
constitutional obligations resting upon ns, do
any service to the great cause in which We
are all SO vitality interested.
Hoping that kind Providence may give
you wisdom SO 10 conduct the affairs of onr
young Contederacy lis may result III the car
II achievement If our Independence, and re-
dolud to the ultimate prosperity .nA happi-
ness OF Cur whole people,
have the honor to be,
Very respectfully,
i6ur ntedient servant,