Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-07-19
The Rebel ConscriprIOn.


1862, and the second 10 September following
The fret act annullcd al previous contracts
made by volunteers ard made all men over
eighteen aud under thrty-6ve years OF age
soldiers for the war, or until they attained the
age Of thirty Eve years. The acto Ssptembei
called out every man between the ages Of thir y
FIVE and forty-five, and all youths as coon a. they
arrived at eighteen years of age. 30 the two
acts taken together madc q general conscripsiou
Of all the white male population capable Of
bearing arms, between the ages Of eighteen
aud forty.6ve. ..-.,-- d.
Speaking OF the fret act (and the remnk ap.
plies to both), APPLEroN's Annual CJo'oI @iis
for 1862 fayt: ss lel.as A 'na'
Il drew every mals citizen within the pre-
soribed agea Immediately aud entirely from the
control Of State action, and placsd them at the
disposal Of the President durirg the war.
The same authority states that
This extreme measure met With much oppo-
sition on the part Of the people 10 the Southern
States. Il was an evidence, in itself, that the
ardor of the people had ceased TO be safe me-
dunn of reliance 10 the conduct OF the war. Ii
was q measure which had never before been
adopted In the States Of the Unon during any
previous war. IL necessarily established con-
solidated government founded on military prin-
ciples, aud was thus spoken OF BY come Of the
Southern leaders: -.rrr d
"If it be absolutely necessary to save rs
from q conquest by the NORTH, We are willing 10
submit to 1t, but we fear the public mind must
prepare itseIf for great change in our govern
ment." -t.f t4r1--at
So great was the opposition to the rebel con-
ecription 10 Georgia that in some OF the north
ern counties it has never been executed. Gov.
BRovN of that State early took decided ground
against iis constitutioDslity. In a controversy
which arose between him andG W. RANDOLPH
the Confederate Secretary Of War, Gov
BnoWN said in letter dated June %, 1862:
l agEee with you fully that wc should unite
all our energiea to drive out the common enemy,
and rot n nSke war among ourselves. am
most happy, therefore, that the Confederate
Government has decided to respect the consii-
tutiona rights Of the State, co far as not to force
her to the alternative OF permitting any depart
ment OF her constitutional government to be
disbsnded and destroyed, or 90 defend the exis-
tence. aud Integrity OF her government by
force. t-s..-... ~. .et
Soon after this correspondence, measures
we're taken TO test the 'constitutionality Of the
law in the State courts Of Georgia. An enroll
ed conscript sued out writ Of habsas corpus
before Judge T. W. THOMAS of the Superior
Court of Ebert county. The principal point
made before the court was thus expressed:
"The conscript act is unconstitutional and
therefore the act itself and all the regulations
aud orders based upon IL, are likewise void."
A long opinion was given by the court, the con-
clu.ion CT which contained the following para.
graphs:
Tn the pseamble of our Confederate Constitu-
ion, care is taken to assert and maintain that
the States afeseovereign and independent. In
what sense can this be said of Georgia, II every
man Of her militia can be taken from under the
control OF aer constitutional commandef.in- |
chief without his consent7 Must beabdicate his
most important duties by permitting himself to |
be dlsarmed Of his forces, and all this too in |
violation Of hia oath of Office, In case be should
think them necessary fofthe protection of the |
III OOnBIeb3 pass u OOubCtiptlVu uCJ VIII Ger Il
tain exemptions, they can pass IL without ex-
emptions. No one win deny this. II, there
fore, they have the power 60 prescribe what
shall be militia and to conscribe at pleasure,
thew may take .the-g governor, the general as.
sembly, and the whole judiciary, and thus an
nlhilate the Stale government. % A9.e1
A palpabie infraction of the Confederate com
pact 10 someeimes--in pally--defend-
ed on the plea of necessity. What dang etous
fallacy! We have expended one hundred thou
sand lives and untold millions Of money TO main
tain the constitution and the Independence Of /
The Sa.ee, and ehall We nov violate IL aud de- /
slroy the State government As reasonably |
might we commit suicide to avoid personal dam |
ger. PA iaPA
ssThe court sdjudged the act of the Contsder-
lte Congress known as the conscript Law, and
entitled "An act to further provide for the pub
Iic defense p to be void. The ease was, how
over, Immediately carried up to the Supreme
Court Of the State, which overrnled this decis-
on. ---s---4s-~- 's'
Subsequently, on question in the Georgia
Legislature, q joint committee was raised, q ma
ority OF whom reported most decided resoln-
ions against the constitutionality Of the con-
Icript act; but the minority recommended ac-
,uiescence The principal ground which was
aiken to reconcile the people to the coDserip
ion, was that their ssie,y depended upon It's
Iuccess. ~ .tsls '' t'sA
The law created much Dissatisfaction in Ala
,ama sand some suits were commenced to test
ts cons.ituslonality, busthe authorities evadsd
be question and sustained the rebel Govern
nent. .sft Ky ic ~ -
Allthe methods which the most skiIlful iDee-
nifty could devise we're resorted TO by individu-
ls to escape the operation Of the law. In the
ity Of Mobile alone nearly FIVE hundred per
ous applied for, aud received certificates of for
ign ci,izsbship. Oilers found shelter under
in State milItis laws, which was
fsen scquiesced in BY the Confederate author
lies, though lhe couscfipt Iav did not reeoguizs
= eaiaN ,xySY EoH tO3 0inoT 90 sss91osifq u
" idstS s1y yst8ysIq % ,ysio iedi 70 di0cs teIi
.mo1ios9et hs0Ioinics sui0d q