Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-11-03
TIE PAST TEACHING THE PRESENT
AND THE FUTUBE.
UsURPATIoNs
TIE c-oSscRIFrIOS ACTS


War is the fruitful dam Of abuses and
u~surpstions, and never fails to invest
unworthy men with power. We learned
during the four years Of war, the full
meaning Of the words, "The laws are
silent amid arms.u We seemed 10 have
outlived the law, and TO have forgotten
that once we were not slaves.
Whenever reason shall have complete.
" resumed her swsy I'VE mems minds,
and necessity no longer compels absn.
Comment Of pFineiple, nointelligent court,
lawyer or statesman viii doubt the pal
pable unconstitutionAlity OF the CoEfed-
crate co~nscription act. The extent OF
the claim Of power, preferred by It on
behalf Of the Confederate Government,
was this that whenever the country
should be at war, the Congress had the
power, without calling upon theStates to
furnish quotas or the whole Of their
militia. TO declare all the male inhabi-
tants Of all the Ststes, of any age, able
to bear arms, tobe in the military service
Of the Confederate States aud to compel
them to assemble in camps snd become
part Of the army OF the Confederate
States for the whole war: that it was
wholly within the discretion Of Con-
gress, to allow any exemptions 81
all and that it was not bound
TO respect or regard the laws Of the re-
9,aoffvrr EFaf.u awo,vnHfru aorFafr nov
sons from militia duty that it might
take aR, without respect Of persons-the
Governor, Legislature and Judges Of the
State included; that it might take all
men in q particular State and march
them for the war across the continent,
leaving their cwn State defenceless, and
abandoned to the enemy; and, finally,
that the troops thus forced into the SER
vice were to be organized aud differed
as Congress might direct, without n
respect Whatever to the State laws in
regard to their militia; the officers Of the
militia, under the State laws, being thus
reduced TO the ranks and made to serve
s. privates.
We know that it was debated in the
Provisional Congress, in December, 1861,
whether the vOluHtsers, composing the
then Provisional Army, were not part Of
the militia Of the States; whether they
should not have been organized into
brigsdes according TO the State laws, and
whether the appointments Of Brigadiers
for them by the President were not null
and void. Mr.. BARNwELL raised the
question, and Mr.. TooMBs was OF that
opinion.
We think they we're mistaken, because
we think that the Provisional army was
part OF the army Of the Confederate
States, who could as well raise an army
for one year as for five or ten, and al its
ranks by recruits volunteering for year,
IN companies, battslioDs and regiments,
quite a. legitimately as it could i'll them
by recruits accepted singly.
That the matter Was so discussed, how
ever, is Of no small significance. We
suppose few men doubted, under the old
Constitution, that the United States
could only have the services Of the
militia Of the States BY calling upon the
States 70 furnish their quotas. And
Judge WOODWARD, Of P~ennsylvania, we
believe. decided that the law Of the
United States for the compulsory draft
ing Of men, was Unconstitutional and
void.
Il viii at once strike any man who
reflects a moment upon II, that II the
power claimed by the Confederate con-
scriptlon act existed, the Sovereignty Of
the States was q mere empty phrase, and
the Confederate Government was far
more sovereign than ever the United
States we're claimed TO be. The power
claimed, was the power to snnihIlats the
State Governments altogether. The
reader will already nave seen how prone
the advocates OF State Rights have ever
been to adopt measures and yield to
innovations utterly irreconciLable with
those rights. We believe the Supreme
Court Of Georgia decided the lsw oonsti-
~tutional; by what argument reaching
the conclusion, We do not know. Deci-
sions on such questions, affirming the ex-
istence Of g power supposed TO be indis-
psnsably necessary 10 thesslvstion ofthe
country, are Of no great weight, and en-
titled 20 little respect. The strain is too
great upon the Judicial conscience.
We should suppose that, by this time.
most thinking men in tue South would
be satisfied, that, in this, IS 10 other
matters, in 3 war fought 70 establish or
vindicAte the rights Of the States, under
States rights leaders, il would have been
wiser and better 10 respect the rights Of
the States somewhat, and consider their
self-respect and dignity q little. Every
State would readily have furnished all
its militia. There was no need Of q
Confederate Press-gsng in the shape Of
enrolling officers, TO furnish all the men
whom the Government could arm. And
we All now see that conscription act
which forces 81 citizens Of 8 certain age
70 serve, must in the end, besides ex-
hausting the country in q given time,
have the evil effect OF begettiBg the
idea that the Wal is not willingly car
ried on, and its burdens cheerfully
borne, by the people. 1t wal also, in
many localities, brutaIly executed, and
cost the lives Of thousands upon thou
sands Of persons really not able or at 10
undergo the fstigues and privatiNns Of q
o isr's life.