The weekly intelligencer. [volume] (Fayetteville, N.C.) 1864-186?, 1864-04-12

! AAys tn NY JAsABt1cBt, tDSy are nc1tntr proper
! ssi<e or just. Whether in the midst Of cor
s0d intexesfs. anything better could not b
|obf1 f1tned: know -,,ot-perhaps not. Wit
that rs.ew NJ may be reconciled to what W
do mt aporofe. II il Useless now to go int.
aiscassio;,s Of how kad aaes might have bee,
Vhols is Z striking Illustrate,
.sf thu evils a,,.sding .rs4 departures from
pr;ncipIe-ti,e =. fs>R;, aesoescMc .frerso.
i,rr.r i, ever the p<-ol:.<c source q errnr. Oul
present faHnci etnb.s. >sssRents HAD thei,
origin in \ bIunder M the bs <i1ning. Nut VI
must deAl with the present. not tho PkSt
These two Acts mike r necessary Cor voa h
eaangs your legis3stionto zays the Sta "a from
loss. As Ia the course you should adopt to
do this. I know of none better than that re,
cornIne ,ded by the q 'vcrn,r. His views and
suggestions ON this poiut seem to be proper
and judicioas.
The military act by which conscr;ptien is
extended SO as to embrace all between the ages
of sevcnss~n and ff.y, and by which the State
is to he deprived of SO much Of it, lab ,r and
stripped of the most efficient portion Of her
enrolled militia, presents much graver ques-
ton. This whole system of conscription
iaaSe looked upon fron the baginning as wrong,
radically wrong III sprt~cipic md IL poi
Contrary opinions, howeve-, prevailed. Bat
whatever differences Of opinion may have. been
entertained as to the constitutionality of the
previous Conscript Acts, it seems clear to my
s,nind that but little difference can exist As to
the unce'tsttntionality of this late act. The
act provides for the organizing Of troops Of
an anomalous chayacter-partly as militia and
partly as portion of the regular armies. But
in fact they are to be organized sneither AS
militia or part of the regula. army We have
bat two kinds OF forces, the regular army and
the miiitia-this is neither. The men are to
be raised as conscripts for the regular forces,
while their officers are to be appointed rs if
they were militia. Ii they were intended as
ilitia, they should have hecn called out,
ehrought the Governor, in their present org.ni-
zations--if "a re .,,ular forces thew cannot be
officered rs the act provides. 1t Is most
Clearly Unconstitutional Who is to comma
sion these officers The Governor cannot,
for they are taken from under his control /;
the President cannot constitutiona!iy do it, for
he can commission none except oy and with
the advice and consent Of the Senate. 1t Is
for you to say whether you will turn over
these forces, and allow them to i'e conscript-
ed, is provided leaving the question OF con
stitut!onahly for the courts. whether you
will hold them in view Of agricultural and
other interest, or for the execution Of your
laws, and to be- called out for the public de-
fense IN case Of emergency by the Governor
when he sees the necessity, dr when they are
called for militia by the Preside t. The
Act upon its face. in its provisions for details,
seems l., indicate that its object is not to put
the whole nf them in the field. Nothing could
be more ruinous 10 our Cause if such were the
ebject and intention. and should it evsr be
carried into effect. For if all the white labo.
Of the country. from seventeen to tifty-ex-
and kept constantly in the fell, we must fail.
sooner or later, for want of subsistence aud
other essential supplies. 10 wage war sue
cesstntny, men at home are as necessary as
mon in the field. Those in the field m,ist be
provided tor, ana their families at home must
be provided for. In my Judgment, no people
can successfully carry on long war, with
mere than third Of its arms bearing Iopu-
iation kept constantly in the field, especially
If cut If by blockade. they are thrown upon
thcir own internal resources for all necessary
supplies, subsistence and munitions OF war.
This is n question OF Ari;tnetc on We'll SGT
tied pr"blcinS ef political economy. But can
we succeed against the hosts Of the enemy
unless all able to bear arms up to fifty years
of age are called to md kept lii the field!
le>, THOUSAND times yes. l answer, with
propc: and skillful management 1t We ctu-
not without such c-N, We c,nnot with It, it
the war las: long. The success Of Greece
ag ,inSt the INVASION by Per>ia-thc succcrs
of til" Netherlands against Phiiip-the sue
cess of Frederic against the allied powers Of
Europe--the success Of the Colonies against
Great Britain, all show that it can be done.
II our only hope was il matching the enemy
with equal numbers, then our cause would be
desperate indeed. Superior numbers is one
of the chief advantages Of the enemy. We
u
sho ,lL not rely for success by playing into
mis- hand. An invaded people have many ad-
vat'taS.s that may lie resorted to, to counter
balance superiority Of numbers. These should
oc stddied. souy Int and brought into active CO.
operation. 10 secure success, brains must
do something as we'll as inusketS.
Of all the dangers that thr.at.n N onr ultimate
success, consider none more eminent than the
policy embodied in this Act, il the obj tc1 rea be,
its sroad terms declare, to put al KEEP LII ac-
tive service all between tn aS.s of seventeen and
and f ty, except the exempt> named. On that hne
We will most ajsuredlN, sooucr d later, DO what
the enemy never coald do, conquer curse Ives.
And ii such BIZ not the OBJ ct Oh the Act-ii 1t Is
only intended to conscri pt iaen not intended tor
sercice, not with view 10 Hill the army, tut tor
the o1isiais, t" take charge inc general labor OF
tbc Country and the vi. luus necessASy avocatlons
and pursuits OF life, and th.n th- Act Is not onl
wrong in principle but exceedingly dangerous In
its tendency.
Icoue.> now, to the lt.t Of these Act. Of Con
gress. TIL, suspension O: tn Wit of Hojyas Cur
pAs certain Tins the most exciting, as IL
IS BY tar the most important question "e.ore you.
Upon this depends thc question, whether the courts
shall be permitted to decide upon the constitutions
ality Of the late Couscript Act should you submit
that question to teir decision and upon it ais" de-
pend other great essential rights enjoyed by lis AS
fteemen. This Act, upon its face, conters upon
the Prcsiden:, the Secretary OF Var. and the ten
era ndlng i'll tn. trans Mississippi Depart
lnent (the two latter acting under the control and
authority Of the PRESIDENT ths power to arrest and
inprison any person who may slnp bc charged
with certain acts, not ali OF them crimes un-
der any law and this is to bc done without any
oath aitrnla ton ais.d probable cause to the
guilt OF the party. Tins 10 attempted to be done
under that Clause OF the Constitution, which all
thorizes Congress to suspend the privilege OF Tire
writ OF Haoeos Corpus, in Certain cases.
In my judgement this act is not -o.ly unwise, i'm
polite aud UNCONSTITUTIONAL, but exceedingly dan
2erous to public iibertE. Its Inconstitutlonality
does not rest upon tle idea that Congress has not
got the power u end the privilege of this writ
nor upon the idea that tsc power suspend it, is
an implied one, that cleaIs i,rj'licd powers are
weaker class and subordinate. to other as1 ,osi
lively and directly delsgated.
do No. understand the Executive Of this State
to put has argument asains; this Act upon Any
such grounds. He simply fast, it most
eieariy Is, tdat the pa"cr ,suspend AT all IS
piI-c power. here positive, direct pow er