The daily clarion. [volume] (Meridian, Miss.) 1863-1866, 1865-01-18

restoring tho system, for tho most part, Of 70.
sorting TO quotas oftroops from tho several States
and leaving II in the power Of the several States
to supply or refuse troops for carrying the war,
at their discretion For, II the positions con
tended for be correct, and II each State has the
right to withhold rom Congress any portion Of
her citizens ~ fOr military service and subject TO
ii, she has equally the power to withhold all such
persons, Whenever she mny think III to do so, for
any reason Of "keeling troops in time Of war in
which tho whole Confoderacy IL engaged. or Of
l"engaging in war when actually invaded or In
imminsnt danger" thereofi and tho result might
be, that, whom the Confederate Statos are en-
gagged in national war, that Government would
be wholly powcrlesa to raise single man within
ito limits 10 curry on the war, IL the several
States thought IT. to retain thcir oi,sons in their
Service and before they wore called for by tho
Confederate States and the exigcncos Of the war.
Ii 10 plain that this Is absolutely and totally con
Trajectory and repugnant' TO tho provisions ofthe
Constitution above referred to, and would render
the war powers granted to Congress in tho Cos.
stitutisn, nugetory. Il world destroy all uni
forniy in raising troops and all regularity in
their discipline, since those things might depend
upon the various regulations which eaeh State
might make. It would produce inequality and
injustice in obtaining troops from tho several
States. II would, in effect, paralyzo tho war j
power Of tho Confederate Staten Government, at
tho discretion Of the States.
Bythoiprovisions OF the Constitution, tho powcr
TO declare war belongs exclusively to tho Govern
nent Of the Confederate St.tes and BY it's spirit,
tho earying on OF tho war 10 committed 10 it,
especial control /, was mover contemplated that
tho separate States should carry the war within
their limits after public was declared, except
10 rspol invasisns; and that only 30 far as might
BIO done without detrinont 10 the general power Of
the Confederate Government, and consistently |
with tho support which II ID the high duty Of each
State 70 give 70 all the constitutional mpasures Of
that government, for the prosecution Of the war |
And when the whole country is involved in gen. |
eral war, ID IL grave and dangerous error to sup
pose that any State has the right 10 engage in tho
war, to institute measures ofwsr, independents
y Of the power Of Congress-, and in opposition 70
The measures adopted by that body for carrying on
he war, IL they are constitutional Nor is the
doctrine Of concurrent pomers in courts OF justice
applicable to ihe question here presented When
wo courts have concurrent Jurisdiction Of sub
cot matter, the one which first takes jurisdiction
Il The ease retains il to the end because the uris
lection of each ID equal and neither is superior to
he other, in and reapect, 50 far. But this is u
rinciple Of jurisprudence, which is not applicable
o questions Of political power between States, and
specially is it not applicable TO the relative pow
re- Of the States and the Confederaey under the
for when those powers are exer.
ised BY that Government, its action thereon be-
ONES paramount and exclusive, whether the sev-
raj States have acted upon the subject ornot And
his results from tho fact that the laws made BY
Congress in pursuance Of the Constitution are /,
ipreme over tho same poweIs existing in the
tatos, and which might have boon exercised BY 4
icm in the absence Of legislation on the subject
: Congress. And this ia the distinction between
,urts Of equal and concurrent jurisdiction, and the
,wsn Of Congress and Of tho several Statsa.
The powers here claimed for tho State appear; !.
erefors, to DO wholly destructive Of tho legiti-
ate powers Of The Confederate States. and on.
rely inadmissibls. tf..s,a. d
II is unnscessaryto consider the point Of tho pc
,nsr being exempt from Confederate service BY .
eans Of his being deputy sheriff, since he was
sehargsd from chat Office at the time ho was 40
ally enrolled and arrested by the Confederate -
iser for service as u eonseript. r4#tae
Tho petitioner was remandcd 10 the custody Of
. Confederate officer ~ conseript. 'asf -
tN