Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1864-04-02

necessary for you TO ehsnge your legislation 10 save the
State from loss AS 70 the yOu should adept to
do this know Of better than that adopted BY the
governor. His views and suggestions this point
| seem TO be proper and iudieiOus
The military act by which conscription n eItsudsd
so SO to embrace all beWesu the sgss Of seventeen and
ffy, and by vhieh the State is TO be deprived ef 20
much Of its labor and stripped Of the most efficient
portion of her enrolled militia presents much graver
question. This whole system Of eonscription have
looked upon from the beginning ss wrong, rad eaiy
wrong, In principle and policy. Contrary opinlons,
however, prevailed. Bat Uhaever dineTenees q opi1
ion may have been entertained to the eonsttuton
sIty Of tue previous conserpion acts II seeTs clear
TO rv mind that but t4Ie Differences can exist as tOths
unconsitu;i0naiiiy of this late act The set provides
for the organizing Of troops Of an anomalous eharae
regular armies Bat il fact they to be organized
neither militia part Of the regular army We
hsye but two kind az forces, the regular army sDd TIE
Eilhs--ihs is usiiher The men are TO De raised -
eonscp for the regular forces while theIr ceers are
70 be appointed, Il they were militia. they were
intended militia, they should have been called cut
through the governor in their present orgsnizatlons
If regular forces they cannot be differed as the
set provides Il is most clesrly unconstitutional
Who Is 10 commission these ofhces9 The governor
cannot, for they are taken fom under his control;
tie President cannot eonstitutonsly do il, for be
can commission none except BY and with the ad
vice and consent Of the Senate u Is fer you
10 say whether you will turn these forces,
aud allow them to be corEcupted as is provided.
leaving the question OF uonaity for the ecur
whether you viii hold them in view Agricultural and
o,heT interests or for the execution Of your laws and 20
be called out for the public defense in OF emergn
ev bv the Governor Whsn be sees tho GtY, en
they called for - militia By the President. he
set upon its face in It's provisions for details to
Indicate that s object Is % put the whole Of them In the
field Nothing eolld be more ruinous 70 our cause il
such the object and intention and should i ever be
carried into effect For al The white labor of tbs
country from seventeen TO hfly-eTeept tte few e1-
enpt0ns sstsd-be called out and kept constantly in
the field must ga sooner or later, for want % Bnb
steuce and cthsr essential supplies To Wags
e-ssfuiy, al home necessary as men in the
sd. Those IN the field must be provided for and their
fSmi les 81 hcule must be provided tor In my ju6g
ment no people successfully carry on a long war,
with than third Of Its Rrms bearing population
kept constantly 10 the field, especially If, cut of BY
blockade, they are thrown upon their own inter
ual resources for all necessary supplies, subsist
s1ce and munitions Of war. This Is a question Of
arithmetic well settled principles Of political eeono
NY Bus esn We succeed against the hosts OF the enc
my ess all Gbla 20 bear up to fy years Of age
are called TO and kept in the Gsl1i Yes thousand
times answer with proper aud skillful management
II cannot without such call cannot with it. II
the war last long. The OF Greece agRnsl the
invasion by PersiS-ths success Of the Netherlands
sgsiust Phipthe success Of Fredsrek Rgains. the al
led powers Of Europe-the succsss Of the colonies
against Great Britain-al show that It can be done
II only hope was in matching he enemy with equal
numbers, then would be desperate indeed.
SUPERIOR numbers il Of the chief advantages Of the
sHuJ. We must avail ourselves Of our advantages
We should rely for success By playing into his hand
An invaded people have many advantages that may b.
resored to countsrbaauce superiority Of numbers
These should be studied sought and brought into active
co operation To secure success brains must do some
thing well musksts
OF al the dangers that threaten oar umsts success
consider more imminent than the policy embodied
IN this Ecl If tbs object really bs its broad terms de-
clare to put and keep ia seFe service all between the
ages Of seventeen sud y, except the eTempts named
OR that line via most Rssaredy or later DO
what the enemy never could do, conquer ourselves.
And If such be not the object Of the Act-n Il Is only
intended to couscpi not intended for service not
with view to ill tAe army but for The officials, to take
charge OF the general labor Of the eounry snd TIE va
nece ay svOcations and pursuits Of lie, then tie
act not only wrong In principle but exceedingly dan
gerOus In is tendency
/ cone now to the last Of these acts Of Congress
The Suspension Of the writ Of babess corr in certain
This the most exciting as il is by far the most
Important question before you Upon this depends the
qlezOl Whsher the courts shs be permitted 70 decide
upon the c0nstitutiouAy Of the late cgnscript act
should you submit that question to Eher cisiOn and
upon also depend ether great essential rights enjoyed
by EreeDel This act upou its face, eOnfsrs upon
Jhs President the Secretary OF War, and the General
commanding IN the tras-Aissssippi department. Che
latter acting under The control and authority OF the
denO ths power to arrest sud imprEOn any person
who may BE- simply charged with certain acts all Of
whoaH any osth or affirmation alleging probable cause
ss to - guilt OF the party This IS attempted 70 be
done u6der that clause OF the C0nEtu 1n which su-
thOTzo Congress O suspenI lhs privilege Of the writ Of
habezs corpus in certain
In my Judgment this act Is not only wise mpotie
and unconstitutional, but exceedingly dangerous TO
public liberty. It's unconsttuiOnality does not rest
upon the idea that Congress has not got the power 10
suspend the privilege OF this Wt nor upon the idea
that tie power suspend Il is implied one, or that
clearly implied powers weaker, a class, snd
subordinate to others positively and directly dele
/ do not Understand the Executive Of this stste to
put his s-gument sgainss this act upJn any such
grounds He simply states fzc Il most clearly Is,
that the power to suspend at all Is implied power
There i no positive direct power delegated do it,
Tbs power however is eearsnd clear only by impHca
ton The language OF the Constitution, that the priv
ege Of the writ Of hsbess corpus shall not be suspend
ed uule when 10 Of rebellion invasion, the
public safety may require it, clearly expresses tbs in
stated but It does by implication only, lust as If
mother should say TO her daughter you snail not 90
L. -.-es--
20 clearly given, though by Inference and Implication
only. It is not positively and directly given. This,
and this only, understand the governor 10 vixen
he speaks Of the power being an implied one He raises
question The eIisteucs of the power, its va
Hdity when rghtfaty exercised, but he maintains
do that It's exere Sc must De controlled by all other
stric0ns IN the Constitution bearing upon It's exercise
Two OF these be found In the words accompany
ing the delegation It be exercised except in
rebellion invasion. Other restrictions TO be
found in other parts Of the Constitution In the
amendments 20 the Constitution adopted after
the ratification Of the w0rds a above quoted These
amendments made as Is expressly declared in the
preamble them TO add further deelaratory and
snetiVe clauses 10 prevent aiseOnsrueton or abuse
OF the powers previously delegated To understand
all The restrictions therefore, thrown around the
che Of this power In the Constitution these additional
restrictive clauses must be read in conjunction wi
the original grant whether that was made positively
Ind directly, or by implication only. Thess iustruc
TONS among other things declare, that "no person shall
be deprived Of llfs liberty OF property wi h0ul due
process OF law aud that the right Of the people be
IN their persons hOases, papers and effects
violated snd no warrants shall issue but upon pro0abls
cauEe supported by oath or affirmation and pSrticu-
srly describing the place 10 he searched and the person
or thicR TO be selZsd.'
An admit that under the clause As II stands in the
original grant with the restrictions there forth, the
power be Tshtfuly exercised only in Of
bei5u or invasion. With these additional clauses pU
in ss further restrictions to prevent the s5uss OF pow
urs previously delegated how is this clause eonfeTring
the power suspend the privilege Of the writ Of la
bssS corpus to be r5Ad Ia this way, and in this
way only: The privilege Of the writ OF hs6eas cor
pug shall not be suspended unless when In cases OF re-
beioD invssioR the public safety may require IT,
And 20 person shall be deprived Of lite, liberty, or
properly without due process Of law" and far her,
he right Of lbs people to be secure In their persons
houses papers add effects against unreasonable searches
and seizures shall not be violated and no warrants
shall issue bat upon probable cause, supported by osh
or Affirmation, and particularly bng the place TO
be searched and the persons ortlings to be seized
The attempted exercise OF the power to suspend the
privilege Of tue writ Of hsbeeS corpus in this set is In
utter dsrs gard In the very IA and teeth ef thsss re-
strlcions, as much Ike Attempt In time Of pro
found peace would be IN GisrsgRrd Of the restrictions
to cases rebellion and invasion, the Constitution
was originally adopted Il attempts 70 provide for de-.
privfng persons OF Liberty without due process OF
law Il attempts 90 snnul and set At naught the great
constitutional right" Of the people 10 be seenTe in
their persons against unreasonabe seizures II al
tsmpts destroy and annihlats the buiwark OF per
sona ssry secured In our great chart to the hunblest
s well as th higuesL thai no warrants shall issue Du
upon probable cause, supported by oath afrmstion
and particularly describing the person 70 be seized
Nay, more, 1t attempts 10 change and transform the
distribution of powers In system OF government.
Il attempts to deprive the Judiciary department. Of It's
appropriate and eg innate functions and TO confer them
upon the Presdeai the Secretary Of War a1d the gen
ersl commanding the trans Mississippi Department. or
rather confer them entirely upon the President for
those named in the act hold their places at
his will and under this act are to be governed
BY bic orders. Ths by the Constitution never be
done Ours Is not only government Of limited powers,
but each department, legislative executive Judicial,
separate Rnd distinct The issuing of warrants which
nothing but orders for arress against civilians persons
In civil life, is Judicial function The President, un-
| der tha Constitution, has igsue such
as commander inehisf Of the land and DRYa forces,
and Of tie mitis, whsn in actual ssrviee be may order
Tor trials before c9Ur3smars &C ording 70 tks
rules and srelss OF wsr. Bat be is clothed with no
such power those in tbs military service and not
subject to the rules and articles OF Ths ACT At
tsmptS TO eothe him with judicial functions and, In
judicial character, TO do what judge, under the Con
stuOn, dOissue orders warrants for arrest by
which persons TO be deprived Of their liberty i'm
prisoned, nmured in Dungeons s msy be without any
Osth affirmation even to the probable guilt of the
party accused charged with any of the Osnses or