Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1862-11-21

i
not that power They cannot declare war The States
az States can have agency in Originating carrying
On war only ~ they are called upon by the Coufedsrate
COVE nmeut 10 this matter, however the states are
not eiphers but sUbsidiarV agencies to the Confederate
government In the prosecution Of war. This is their
trus position The intention is that the whole force and
power Of the eOunfry-naacial Intellectual ard phys
cal-should be embodied iu and the diposs Ct Con
gress in such emergencies Our wise men in Congress
shsl determine when 20 make war, and the great
Of The people shall be subject 20 carry and SUSTAIN the
war thus determined upon when it made necessary
10 se1-defrnse from INVASION The people shall be
Transferred from citizens soldiers whenever L s neces
Bary. That the object in forming the Confederate
governments in relation TO that part Of the Constitution
relatog 70 me prosecution q mo WHr Congress can
compel the services Of men, or It take them By vol
untary enlistment but there is limit 20 the power Of
inducing 10 volunteer persuadng them do
The Congress cannot compel th- govern - of the States
furnish troops Il caun-t compel The Ststes f1rn-
h their qota1 II the governors or the State govern
meats faios refuss % Do 80, there power TO com
pei them but the power Is lodged with Congress %
eomPs the citizens Of the States to perform their duty
in the war Of 1872 the New Ergiand States was op-
posed % the war They held q couveu lon which re-
solved that the government bal 10 power 20 cali the
aen out o. the STATES a1d hsd no night 20 compel nen
T. assist IN inva i5neven 1eepf the invazioe Of fher
ind vidual aes All they acted upon the deternina
hJn during the war Let THIS be alesson 20 us While
trsnbe at the apprehension Of Federal encroach-
ments Jet rs not forget that there is such thing out-
side encroaehments far more dangerous Let not i'm
I itaie New England in the war Of 1912
If il be that this giant Of power extends only to yO
untary en- snlsuts he frauqrs Of 1ur ion must
have been short sighted Hh l. they particuar
guarding TIA rights at every point, why lid they
say they had power raise armies by voluntary
hsmeuts only and give The power in broad and com
prehensive langusgc of p0s'sr % raise aTrliesg
Our constitution is almost transcript Of the Old IN
der the old nmsnt, tbs question considered
propose TO adyet 10 the views Of Chief Justice Story
one Of the ablesE, puret aud most distinguished pub
dsts that his country ever produced, who recognized
the fact that the law Jealous mistress aud who
devoted all the energies Of his great mind TO the study
Of the law. True j quoting northern sut h0ritv
bet he was man who while thus qualifying himself
n hrH Wis fn0
tisan sectional controversies He a great cor
stuonal lawyer who had his birth in Of the States
hat resisted he cal Of the government fo- troops in the
war Of lsl2 Uuder the Ol Collaboration under which
we ouglt tue revolution, great difficulty occurred be-
cause had nothing but the militia Of the States TO re-
sort TO- which was not spie nj t. rely BE presents
this view very strongly. cur fo-efstherH found
/ available. AMI when they came 70 form G more
perfect BOND OF unioa, they dd not leave 0r public
defence to depend usou the militia Of the States but
gave Congress power to raise and import armies. He
/ says
The power 20 raise armies s an indispensable Incl.
dent TO the power to declare snd tie latter would
be literally }T3tfVs fusH without the f0mer-s means
Of mischief without the Of defense. Under the
Confederation Congress passed no power whatsoever to
raise armies but only TO agree upon the number land
quota IN proportion 70 the number OF white inhabitants
in such state, which requisitions to be binding
and thereuPon the legislature Of each State Hp
point the reginents Otcers raise the men, ClOhe
snd equip them in sOldsr-like manner the expense
! Of the United States The experience Of the whoe
country during the revolutionary war established 70 the
satisfaction Of every statesman the utter insdequaey
and improperly Of this system Of requisiton It
equally at war with economy, efficiency and safety It
gave birth 10 competition between tho States which
created Kind OF auction Of men In order to furRish
the quotas required of them they oubid each other till
bounes grew to enormous and insapportabls size
Oh TINS account any sons procrastnated their enlist
msnt enlisted only for short periodG Hence there
were but slow and scanty ieviss Of in the crit
ca eef gencies OF our AFFAIRS snort enistmeLts are
unparalleled expense, ard continual fluctuations in the
troops ruinous their discipline su6jecting the pub
lie safety frequently 10 the perous crisis q disbanded
ia bed diaufg
II sing which nothing but the euthusasm OF liberty
aid have induced the people 70 endure. The burden
the seat OF war nue8ced BY motives Of sefpressrva-
ton made efforts furnish their quotas wheh even
ceeded their abilities, while those Gt distance were
exceedingly rerniss in their eXertions The
appointment, too, by the States of all rsgmental Off
GERS had tendency 90 destroy all harmony and sub
Osdinaron So necessary to the success Of military life
d" There is great vision and prOprety in relieving
the government from the ponder and unwieldv ma
chinery Of the reqasons and appointments under the
tConedsration. Ihs present system Of the Union is
general and direct and capable oi uniform Orgnliza
on and action l. is essential 70 the common de
to rase armies, bEd and equip fleets, prsGcTi5e rules
for the government Of b0 b. direct their operations and
provide for their support
The clause originally reported was at0 raise ar
Iniesi ana subsequently it upon the report of
committee, amended TO stand IN its present form
and IS amended it seems have encountered oppo
siton in conveatOa. Il was, however, afterwards
sailed in the State conventions AID before the people
with incredbls zeal AID pertiuency a. dangerous 30 lib
erty and subversVs Of the State governmental O5Iee
tons msde against the general and indefinite power
to raise armies not limiting the number OF troops and
to the maintananee Of them in peace as well as in
war
To these suggestions u replied with equal force
and truth that to be Of any value the power must be
unlimited It is impossible to foresee define the extent
and variety Of national exgsncss and the correspond
ent extent and variety OF national means necessary TO
satisfy them The power must be eo-extensivs with ali
possible combinations Of circumstances and under the
direction Of the counsels entrusted with the common de-
. % IsuV he 70 dau the and
yet require the end. These therefore be unlimited
in every ma ter essential to is efficiency that is in the
formation direction and support Of the national forces
This was not doubted ander the Confederation though
the noadoped to carry itinto effect was utterly made
quae aGdElusOr There could te no real danger from
the exercise Of the power
Here tie power Ia exclusively confined 10 the
legislative body, to the esentaves OF the States and
Of the people Of the States and 70 suppose viii not be
safe in their hands is to suppose that power Of
euenl adapted to the national sxEencies can be
safe In any political body Indeed In times Of
war seems utterly prspOsterous to impose any Imita-
uons upon the power since It obvious that emergen-
cies msy arise which would require the most varied and
Independent exercise Z t The country woald other
wise be "a danger Of losing both ts liberty and B SOW
ereignty from its dread Of investing the public councils
with the power of defsudingit Il would be viii
ling submit to foreign conquest than to domestic rule
Such said the Judge we're Chief Justice Starv view.
Of State rights Ia connection with making and rails
ing armies might read much more IN this connection
in cor oborsou Of these views but it is not worth while
TO be tedious.
The judge then remarked that upon the matr Of au-
thOry be happened to be confined that Of North
men 1t was in bis power to cite 70 the authority
the most distinguished men the south had ever pro
duced In ll3O George Washington, and in 1914 Jamei
Monroe both drew up and submitted plans which con
tanned the compulsory feature in great sngency Judge
Jenkins here referred to plan drawn up by Gen Knox
WashingOus Secretary Of War known to have his ap
proval and TO message Of M Monroe in lSl4 both
Of which contain this idea cf compulsory service by Con
gress also to the opinion Of George N. Troup lstel
pu5hshe1 IN the gOHfederaoy he spoke OF 8iT Troul
of the safest aud wisest OF men, and Of th
founder Of the doctrine Of State rights who in 1914
r was chairman Of the military COMMITTEES IN the House
. Representative OF Congress, and made the speech
q which the quotation alluded to a part The juda
Upon the question Of authority the counsel for tn
plaintiff in is not sustained On The other side Ia
. authority Is clear and eoncluaiVe.
II voluntary engtments fail or II all the States do no
10 res ond they should and they contribute unequa
', the most men whore the war was most pOpuls
le the danger greatest aud but lew from Othe
H. sections then 0her resource becomes necessary
he The only alternative then h eompuon The only sut
ects Of conDulion the citizens Of the States The
~ CONSUMPTION or some other means Of compulsou become
N necessary.
ne but was said that II this power 70 Congress be gran
o. ed without limitation may be carried to the extent
~ annihilating the State governments They nay cor
OF scribe the executive the Legislature and the Judiciary
IS a state and thus completely ocS the wheeis and ol
40 atruct the operation Of the State governments On th
ey point alarm 20 prevail There was no caus
N for alarm. There s limitation He had spoks
Of Of the pOwer-ha unlimited power Of Congress to
IN upon the Of the people but the limitation va
tvEotld Bv revertinz TO Fundamental srst principle
es underlying all others which government Wst at III
mt erty to disregard ali difficulty avoided and all dal
ger guarded against That principle in this case wa
do thai me creature shall De troy pend obsru
ad the vital functions Of creator Tbs child shall a,
kill or bind tae hand foot wound the parent II
Confederate government WIS the creature Of the State
and cannot destroy, suspend obsruct the free 0per
.he tous Of the State governments. This fundsmeat
Of principle further than this that ora shal e.
to init suicide main wound himself therefore onsrel
ty BY this fundamental law, WGa prsyens from eonscrl
to Bg she President the Executive ofcers or the ud
to ary OF the members Of their cyn body. Can we Ia
az any government in which could not sposs some CO
hdence that it would not abase its powers
The But again the 4th paragraph + the Sd section Of
4h article Of she Constiutisn says The Confsers
nd Stges shall guarantee TO every Stats repubIca fai
re- Of government, aud hslt protect each Of thsm" e
ect Now apprehend that Ills extends 70 the substance
US the ordinary operation . tte government as vgeii
ina to the republic theory on which thew are bssei 4
M -..rs sf,, ~.