The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-01-18

GEO. G. MEADE,
Maior-G General U. S. Army,
Commanding Third Military District.
EXECUTIVE DEPARTMENT,
M1LEDaEv1LLE January 10, 1865. :.
Major General George G. Meade, u y. a., command
ing Third Military District -,
GENERAL-Your communication OF the 1tn
instant, enclosing for my consideration an or
dinance of convention now sitting IN AtlanIa,
"To levy and collect o tax for defraylng the
expenses of the convention, and Tor other pur
noses" having IN endorsement thereon by
| Major. Gener. Pope, then commanding
the Third Dlovilct, authorizing and instr
John Jones, ESQ.,, State Treasurer, TO pay the
disbursing officer OF the convention Iorty
thousand dollars to pay it's expenses and the
paw and mileage of its members and ofhcers
up to the 23d day of December, 1867. and tne
| reply of MIR. Jones to General Pope, was re-
ceived after 10 o'clock P. M. yesterday, and
numerous unavoidable Interruptions have pre-,
vented me from replying IN time for the mall
of to-day.
After reciting the substance of the enclosed
papers, you add, under these circumstances
/ deem it proper to request you to Issue an
executive warrant on the State Treasurer for
the payment of the amount, and for the Pur-
pose specified in said ordinance" =,
After careful consideration, aud with the
clearest conviction Of duty, 1 must, General,
respectfully decline to comply with your re-
quest. With full appreciation OF the eour-
teous terms in which your request has been
preferred, ask your consideration OF the rea-
sons which have prompted the answer here
given. They apply to three aspects OF the
| subject under consideration:
First. I have considered it as arising under
the Constitution of the State of Georgia, adopt
cd in 1865, and the Constitution OF the United
States, both Of which, upon my lnducnon
into office, took solemn oath, ito the best
of nv abilities, to preserve protect and de-
fend." Ono Of the provisions of the former ls
expressed in these words mo money shall be
drawn from the treasuryof this State, except
by appropriation made by law" Here Is an
ATTEMPT to draw from the treasury OF this State
a large sum of money. Has an appropriation
OF this money been made by law? Clearly not,
according to my conception. venture tue
assertion that any learned, upright Jrrlst
would hold that the term claw" as used
in this connection, signifies statute emanat,
ing from the law-making power established
by that constitution, and none other. Mnas
else can it mean? You say, I'm this view,
Il. Z. in view of the necessities of the conven-
tion), 81 regard this ordinance as an appro-
priation made by law in the sense used by the
Constitution Of Georgia." From this conclu-
sion, General, I most omphatically dlssent.
Whence does this ordinance emanate? From
o convention assembled to make constitution
| w.
supercede that in which the above prohlDltion
| is contained-a convention not assembled
either in the manner pointed out by itself, nor
| by the spontaneous action Of the constituency
recognized by it. The concluding clause OF
our Constitution Of 1865 reads thus: inns
| by q convention Of the people, called FOR tna5
purpose by Act Of the General Assembly" :.
Bear in mind, General, that am now dis
cussinp your proposition, that the present Or
d1nance is to be regarded 'as an appropriation
made by law," in the sense used by the Consti-
tuition of Georgia, which prescribe tnat no
money shall be drawn from the treasury OF tins
o logician, for the purpose OF the argument, you
concedc that am bound by the constitution,
and you are seeking to convince me that this
| ordinance comes within the exception to the
prohibition. Now, look at it in the light OF the
concluding clause I have quoted, prescribing
how, and how only, it shall be altered and
amended. That clause is conservative OF tho
passed this ordinance, and which is assembled
expressly to make O constitution tor Goor-
gin, is not called as provided III that last
Clause, and is, therefore, put under the
ban of the constitution now existing. Yet you
say an ordinance made by it is, in the sense OF
that very constitution, O claw" appropriatlng
money. II I be right in defining the term
s'law.'' as used in the prohibiting clause, I have
only to add that the law-making power ostab-
lished by the constitution has made no such
appropriation. The convention which made
this ordinance is called into being by certain
acts of the Congress of the United States, is
one of the agents Of that Congress (yoursef
being another) for the purpose OF carrying
into effect O certain purpose. You construe
those acts as giving authority to the conven-
ton to appropriate money out Of the treas
ury of Georgia. Do you hold, General, that
the Congress Of the United States could dl-
rectly, by it's own simple act, appropriate
money from the treasury OF Georgia? Ii
you do you will confer great favor BY
designating the article, section and clause OF
the Constitution of the United States (whenco
only it's powers come) comforting that power
II you do not so hold land scarcely think yon
| do1. will you insist that the Congress can con-
| fer upon its agents larger powers than are pos
sessed by itself? Should you soy that you are
not permitted to consider those Reconstruc-
ton acts without reference to their constitu-
tionality or their justice, or their expediency-
! that YOU came here to execute them, and must
do so? Pardon me for replying that you and
| look at them from O different standpoint.
| have said that have sworn to support the
constitutions of Georgia and Of the United
| States, and have serene consciousness that
in declining to obey the behest OF the conven-
ton, and to comply with your courteous re-
| quest, DuI pay uuIllW uoiua6e w DoVu oon-
| stitutions
Secondly, have considered the subject with
reference to the Reconstruction acts them
| selves. I Gun ind nothing which in the re-
motest degree authorizes the construction
that they intended to saddle the treasury OF
Georgia with the cost of their novel enter
prise. It is very clear that they intended that
cost, up to the assembling of the convention,
to come out of the Federal treasury. They
have with equal distinction, provided that the
convention shall provide for their own COM
pensation and other expenses, by levying o
tax upon the people for that express pur-
pose. But you may say, this is too slow; the
convention cannot possibly await the collec-
ton Of the tax-thero is nobody else that
can and will advance to them and, there
fore, you must. But the Congress have not
81 said. 1t is very old and very safe rule
Of construction erpresslo unts, erc'usio
est aHeri,ls." The Congress having expressly
specified how the expenses Of the whole
| scheme, from beginning to end, shnll be pro-
yided for, it cannot fairly be argued that they
intenued any other provision. Nothing but q
most latitudinary construction could justify
the inference that this legislation imposes u
burden upon the State treasury. Think you,
| General, it would become the Governor Of one
of these States, required by law to disburse
certain sums for designated objects, and
scantily supplied with means for the purpose,
| to adopt suca rule Of construction, and in
fit of generosity. at the expense of justice and
| of duty to volunteer SO large contribution to