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

may diSband the State Governments any Jay
when it, So the judge, decides that by SO
doing it .~screates an instrumentality for
executing thu: specific power" to "raise ar
mics"
If Congress has tho right to discriminate,
and take only those between Is and IS, it
has the right 10 make any other discrimina-
ton it mny judge necessary and proper" in
the execution OF the power" and it may pass
q law in time OF peace or war, if it should con-
clnda the State Governments are an evil, that.
all State officers, Executive, Legislature, Judi
cial, and Military, shall enter. the armies Of
the Colllederacy as privates, under officers
appointed by The President, and that the
army shall from time to time be recruited
from other State officers az they may be ap-
pointed by the States.
To state the case in different form, Congress
has power, under the 18th paragraph Of the
9Th section Of the lst Article of the Constitu-
ton, To disband tie State Governments, and
leave The people Of the States with no other
Government than such military despotism as
Congress in the exercise of the specific power
TO " raise ~arluies" " which l understand You TO
hold is u distinct power to be construed sapa-
rately) may, after III application OF your test,
Judge To DC best for the people.
For IS XII the State officers which I NELL
lion might make effective p~rivates in the ar
micD Of thu Conftderacy, and as the law
passed TO compel them TO enter the ser vice
might cresle ali instrumenlality for exccu-
ting the specific power to raise armies" Con-
gress, the judys, need only to decide, and the
act would be- Constitutional.
/ may be reminded, however, That Congress
passed an Exemption Act alter the passage
Of the CONSUMPTION Act which exempta the
Governors Of The States, the members or the
State Legislatures, The Judges Of the State
Courts, It,, from the obligation to enter the
military service Of tie Conicdcrscy as priyates
under Confederate officers. 1t must be borue
in mind, however, that this very uet OF ex=
rmption by Congress is an assertion of. the
right vested IN Congress 10 compel them To
go, when Congress shall SO direct, as Congress
has the 'saI1s power TO repeal which it had III
pasa The exemption act. All the State olh-
cers, therefore, are exempt from CONSUMPTION
ny the grace and special .jaror Of Congress,
and hot by right as the Governments Of the
independent Suites whose agent, and not mas
Ter, Congress had been erroncouly supposed
| 10 lie. Ii this doctrine be correct, vi what
value Ale State rights and State Sovereignty
In my former letter | insisted, under the
general rifle that the 18th. 18th and 10th par
a~prapfis Of the section under consideration, all
relating to the same sg9jecj mater, should be
construed together. While your Language on
this point is not 30 clear ss in other parts Oh
your letter, / understand you 10 take issle
with me here. You say;
".Sotbing can SO mi5lead rs 10 4uEstruc to-
! getkor md lie one whole, the carefully sepG-
| rat.i r~lAnSes, which define the different pow
ers to bs exercised over dlatinct subjects by
C3iyrsss,"
1htse are not carefully separated clauses:
which relate IL different powers, to lie exer-
cisei OYER distinct subiects. They Ell relate 10
tie Sdmt subject matter, the authority given TO
Congress over the question Of war and peace.
/ they ii! relate 10 the use Of arm force by AL"
thoIity Of Congress. II, therefore, Coke;
blackstone, and Mansfield, Of England, md
Marshall, Eent and story. OF this country,
with all'Gther intelligent writers On the rules
CT reconstruction, are to be repeated as authori-
t., there can, it would seeui, he 10 doubt Vi
the correctness OF the position, thst lkeSe
three paragraphs, together with all others IN
the Constitution which relate to the saGne s'ii'-
! Je'i IhlltfIj ~ u 'C 'ihH "'.t SVSGl-" G
uIia whole"
Copstrue them together, and The general
language in one paragraph is so qualified by
another paragraph, upon The sam subject mat
ter, that al! can stand together, und the whole.
when taken together, establishes to ing MUD
the unsonndness of y0hr argument, and the
tallAcy of your conclusion.
Eul | must not omit to notice your dc1ini-
ton oi the term "militia, and the Deductions
which you draw from it.
You adopt the definition Of the Attorney
General, that the militia are s. body Of sol
diers in d state enrolled for discipline" Ad-
nit, for The; purposes Of tile argument, the cor
r~ectness OF the definition. All persons there
lore, VINO are enrolled for discipline under
the laws Of Georgia constitute her militia
When the persons thus enrolled Qhe militia
aro employed IN the service Of The Gonftdc'
rate ;Slatea' the Constitution expressly re-
serves 10 Georgia the appointment Of the
officers. The Conscriptinn ACT gives the
President the power hy cnupulsion to en-
! ploy every ulre Of those persons, between
ID and s., in The service oi the Confederate
States aud denies to the State the appoint
..ient Of single officer In command then
while thus "rinployed." SUPPOSE Congress-
az i1a next session should extend the hct 81
al IL embrace al between Is and is, what
is tbs result "Iiie body of soldiers Ill the
State enrolled far discipline" are every
man employed in the service OF the Coi-
iederacy" and the right IL denied to the
State TO appoint 4 single officer, when the
Constitution says she slall appoint them si
Is il fair to conclude n.nen tha States rx,
.~,.-I,. md ,-raE.11,- cc,..rnd I ia o. 4. M. IN
oi thsi! own militia, By rcsecving the sp.
poir.tmrEt CT the officers to command them
that tker intended nnte. the general grant
OF power 10 "raise armies" 10 authorize Con,
gress IL defeat the reservation ant control the
militia, with their officers, by calling the very
same nen inlo the tield ~indi7iiually and no'
collectively, organizing them according 20 it
own will, and turminE it, action raising Eli
army" snd not calling forth the militia =
Surely the great men Of the Revolution, when
they denied TO the General Government tie
appointment even of the general officers 10
command the militia when employed in the
service Of the Contederscy, did not imagine
that the time. would coIne SO SOON when that
government, under the power to raise ar
mics" would claim and exercise the autbori-
II to call into the field the Y hole militia Of tie
Ststea individually, and deny to the States the
appointment OF the lowest Lieutenant, and
justify the act on the ground that Congress
did not choose 10 call theIh into ~serTice Iii
their collective capacity, and deny that they
we're militia ii cslled into service i'll any other
way.
If Congress has the power to call forth the
whole enrolled force or militia Of the States
in the manner provided by the CONSUMPTION
Act there is certainly no obligation upon
Congress ever to call them forth i'll any other
manner, and il rests in the)discretiun Of Con
Grcss whether or not the States shall ever TIC
permitted to exercise their Reserved right; n:
Congress has the poWsr Ill every case to de.
feat the exercise OF the right by carnpg IIerth
the militia under a CONSUMPTION oct, and not
by requisitionS made upon the States: 1t eau
nJt b. lust 10 charge the States with: the folly