Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1862-10-08


the citizen has his option to avoid conscrip-
ltion by volunteering The Government has
shown particular anxiety to secure to him
this choice. Before the Act passed, this
plaintiff volunteered, and after the Act
passed he volunteered again. Both times
be was rejected, and under such circum-
stanceaas to forbid him to hope be, would
ever be received as a volunteer. Now, if
tde is permitted to be forced iuto the army
as a copscript, eau it be said he had this
choice secured to him BY the Act and or.
iders ? = ,-..,
Such rule would keep, the word ofprom-
!. ise to the ear and break it to.the hope-it
would be the hands of Esau but the voice
of Jacob. Subordiuates of the Govern
ment have proclaimed they intended to
perpetrate this wrong and injustice, but, I
have yet to see the evidence which connects
the head of the nation with suclra proceed.
| ing, and we can yet hope for the honor of
the great people he rules over, that such
evidence does not exist. e = -
But it has lately been discovered that
the halt, the lame, and blind though unfit
for military duty, will do for clerks, mes.
sengers, purses, walters, &c. The clear
and decided judgment of this Court is that
even under the conscript law, the Comman.
der.in. Chief, nor his subordinates, nor any
of them, have no more power to impress
the free people Of this country for such pur:-
poses, than to seize them forgrooms for his
horses and sculions for his kitchen. The
purpose to do such thing shows ignorance
Of the spirit ofsthe people, not less than the
principles of free government, and is not
fparalleled BY any instance in the despotisms
of Europe for the last three hundred years,
except perhaps Russia, now the sympathet,,
| ic friend of President Lincoln.
We come now to the third point made
| by plaintiffs counsel, to wit: that the Con-
[ script Act is unconstitutional, and, there.
fose, the Act itself, and all regulations and
orders based upon it are, likewise, void
In every government, based on a written
constitution containing restrictions on the
Legislative department, it follows necessari.
ly that the judiciary must aunul all acts in
violation of that constitution when attemp,
tod to be enforced against the citizen or
bis rights, But we are not left to thl lp-
plicntion, plain as it is. The l7th clause
of the Isl article of the Constitution Of this
State declares "LegislatiVe acts in violation
of the fundamental law are void; and the
judiciary shall so declare them" If, there
fore, upon investigation, we find this Con.
script Act to be in violation of the fuuda-
mental law, it must be declared void.
Our Confederate Government, like the
old Federal one, is government of limited
aud restricted powers. Congress has no
powers save those delegated in the Consti:
tuition, all others are withheld. Neither
courts, nor Congress, nor Presidents, can
change it, the plan and means for its change
are nominated in the bond and necessity is
not among them. The. enquiry then is--is
the power to pass the Copscript law delega.
ted to Congress in the Constitution 1t is
claimed that such power is delegated in
the 18th clause of the 9th section of the LIST
article which gives the power 'to raise and
support armies" and in the 18th clause
following giving the power "to make all
laws which shall be necessary and proper
for carrying into execution the, foregoing
powers and alkother powers vested BY this
Constitution in the Government ofthe Con,
federate States, or in any department or
officer thereoff' ,.-
Now, if this law be necessary and prop
er for carrying into execution the 18th
clause aforesaid, and is not in conflict with
the reserved rights of the States, and not
in conflict with any other portion of the
Confederate compact itself, then it is con.
stitutional. These clauses are identical in
words with the clauses on the same sub.
ject in the old Constitution. In the 10th
clause of the same section and article are
reserved to the States the right of training
the militia according to the discipline pre-,
scribed by Congress and of appointing the
officers
What are We to understand by the term
s'militia" as used in this clause? The
language used is such as describes thing
already existing and not hereafter to be
oreated-and taken in connexion with the
fact that each State which was a party to
the compact already, had existing a body
of men called its militia, the conclusion is
plain in my judgment that the term was
intended to mean these bodies, and not to
confer on Congress the power to create a
militia of its own. A strict construction
gives this result, and strict construction is
our settled policy and law. This militia
by our law is all males between Is and 45
not exempt by law, and by State law, too,
hold. doubt not, when called in ser,
vice Congress might exempt others, but
could overrule no exemption made by the
State. Does this Conscript law provide
for training the conscripts by the authority
of the State? Does it not on the contrary
take away this authority from the State p
1t enacts also that the President shall ap
point the officers, clear and palpable VIC
lation of the rights of the States reserved
in said 10th clause. In this view l am
sustained by the President of the Confede.
rate States himself The fact is recorded
in his life written by John Savage, con,
tanned in book entitled "Our living Rep,
resentative Men," page l72, as follows:
"The term of enlistment of the handful
that remained of the Mississippi regiment,