Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1862-08-12
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AnIAsrA, June 2lst, 1858,
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ATLANTA, June 2lst, 1858,
r.. Ercsusacy JEFFERSON DAVIS Prsssasaa'
g.. s,R-r have the h1Dor to sekne%-
80 tha recent Of your letter Of the 2sth
~ n rcnlrjto mine OF the 9Th Oh the sal"o
.Don,h. which reached my Office, ct hilieosS-
riIlc on the Sth instant, together win q ~
of the written opinion of the Attorney 80 a.
srnI and has since been forwardeo 70 81
Canton. where I was detained by nanny -"
ton. {" ,,.,ure DELHI
arstion and consultation with 8 sarihe. y.
~,,;st;nrnishcd ability, who conea' M '"
View of,1hc constitut!onality OF Ok" '"lisorp+
ZION ~Act.donbtlesS pre3e':!S Tue 'sl>
,ry,,r,.nt in defence III tht Az ~
1he case is susceptible. n,.t
nI rn4sr,aining, as / da. tta highest resp.oi
FIR your opinions AID l!'oseo Of aacis Az.
member of your Cabinet. 1t T. VIII. ,.,;rh
fdence that l cN,:cc:.i t!r S'it','''o- rf
sill entertain, alter n '.''r!'" ~, 49,
rour letter, that y.mr "fa:;A:'. ,.,. and
min the constitutiu!r..itT ii "a" hIn 49,
thet the conclusion st ni'":' yea
$50 - ,no;ptoincd by ncitt:r' 'Ae 'n'i'e+:F""
.ror.ors construction put "l"h Tue .'"S'i''
80, Nv ,bnsr WHO made I, 10: "E INC LEV,
49,, oF III, United States tpvefhuieh''u tue' = -
sMr;n.thr OF lirr and better days Of the Etl'Sm..
NJ nor tx tie language of'lc instrument !'S'i.'
,al';n. lie whole context a!G a!p!:las t""
tLe we'll established rules l.! "i':cii ah -"
.t;tntions'u md laws are ia be construed.
Looking to the mSsmi.ldc VI the r!G''S III
,.,lvad and the disastrous consequences
which. l fear, mus. follow what cohSl'e' =
Lold and dangerous u8urpatlon by Congress
~ ,hc reserved rights o. the States, anu 4
r,n;1 stride towards military deSpotlSni' l
very much regret that have not, IN the pre-
nuration Of this reply, the advice and assist.
ance of q number equal to your Caoinet, o.
the many sentiment citizens" who, you admit,
cTt.rtain with me The opinion that the Con-
scr;,tion Act l. 3 psipable violation OF the
Constitution of the Coufedcracy. Without
This assistance, however, I must proceed M
3;eidually to express to you some views, Ill
addition to those contained in my former let
,ers, scd in reply to such points inside by YOU
in the argument as seem to my mind to nave
the mos, plausilili,y in sustaining your con'
~clusion. :,
The sovereignty and independence Of ra'h
one of the thirteen States I'll the tniiu 81 'l'r
sdcption of the Constitution CT the t!''F''
States will not, l presume, be denied ny an:
nor will j, be denied that each vi these STATE"
s.tsd in its separate capacity, as an ludcI'&n-
dsct sovereign, in the adoption oithc Cohat'-
tntion. The Constitution is, therefore, a league
i.,y,en soyers!gns. in order TO place uY1!i
il q lust construction, we must apply 10 II TIE
rrl.s whicL, by common consent, govern IN
the construction Of Ri written constitutions
.ij lsvs, One Of the first Of these rules Is
70 INQUIRE THAT was the intention OF those
Sto made the constitution.
70 enable us to learn tlia intention, It is
important to inquire what they did, and what
tasy said they meant, when they wsretnak!''s
il. In other words, 10 Inquire iui Inc COLI
1euporaneoua constructlun pus up2a the IN
struucnt bY those VIC ihade II, AMI Tie eH'
plantations Of It's IltaI,in. bC those who pro-
ncsed cach part in the Convention, Which
induced the Convention TO adopt each part.
Incorporated into my last letter I number
OF quotations from the debates Of prominent
,pcu.bars of the Convention upon the very
point ia question, showing that 1t vas not !le
intention vi the Convention 10 give TO Con
rress tho unlimited control Of all the ncr
able TO bear arni5 il the States, but that II
vas their intention to reserve to TIE onteS
the control over those whn composed then
militia, b. retaining to the St&tos the appoint
ment Of the officers 10 col.naEd them. eTei
while "enplorsd in the service VI Tile Ton
federate States" I might add many other
quotations containing strong proofs OF tns
position from the debates OF the Federal Con
yen,ion, srd the action CT the State ConTeE'
tons which adopted the Constitution; but
deem il unnecessary, as ypu made 40 aliuSlol
TO the contemporaneous construction in youl
rspir, and I presume you do not Insist tina
the explanations Of its ineSrlng given ~
those who made it sustain your co.ic!T
sion.
lisel thst | Sun fully justified by the de-
bates aud the action of the Federal and STATE
Conventions in saying that it was the intcu'
ton oil the thirteen sovereignS TO constitute
common agent with certain specific and limit
ed MOWERS, TO be exercised for the good OF al
the principals, but that it was not the iltcn'
ton 10 give the aren't tho power 70 destroy tt'
principals. The was expected I" Ia
rather the servant of several masters than thu
master OF several servants. / apprei!tn6
it was never imagined that the Time
would c1ule when the agents OF the snYereiba'
would claim the power H. take from each SG'e
reisn every man belonging 10 each able II
bear arms, aid leave them with no power Il
execute their own laws, suPnr1ss ln3urfec
tons in their midst, or repel invasion.
In reference to the practice OF the lnit,t
States Government ;under the Constitution,
need only remark that ! do no! presume i
viii be con,ended that Congress claimed o.
exercised the right to compel persons consti
tuting the militia Of the States, by c~onScrip
:;on or comvulsion, 70 enter the service OF tn
General Government, without the conse It o
their State Government, III any time while tn
government Was administered or Its council:
controlled, BIZ snT OF the fathers OF the Re
public who aided 10 the formation Of the Con
sritUti0n.
II lte:.. the constitntionality nf the con
s~c1iption act cannot be established b. tn
conte:nPoraneous construction OF The t"r;sti
ton, nor ~ the earlier practice OF the Coy
er1nsEt, while administered ~ those wht
.radc the Constitution, the remaining inquiry
is, can it be estahii5hed by the language OF In
instrument itself, taxing the whole contex'
and applying j! TO the usual rules Of con
struction, which were generally received ant
admitted to be authoritative al the time it wa!
made.
The Constitution, in express language, give!
Congress the power to "ralse aud suppo-
armies" You rest the case here, aad say 20,
know Of but two modes Of raising armies
TO wit: "by voluntary enlistment, and b!
a-ais or conscription," and you conclud
nat the Constitution authorizes Congress tt
raise them by either or both these modes.
To enable us TO arrive al I'll Intelligent con
clusion SIS 10 the meaning intended 10 be con
veyed by those who used this Language, it il
necessary 10 inquire what Specification wa'
attached 20 the terms used at the time they
were used, snd it IS fair to infer that Those wht
used them intended to convey to the minds o
others the idea which Was 81 that time usually
conveyed by the laEsaIge adopted by them
Apply this rule, and wh*. did the Convention
mean by the term TO "raiSc armies | prefer
that ths Attorney General Shoaid auawer. IL