Conf Pam 12mo #376 
 DT1Db25fl51 
 

 S P E EC H 
 
 OF 
 
 HON. GEORGE A. GORDON, 
 
 OF CHATHAM, 
 
 ON THE CONSTITUTIONALITY 
 
 OP TH3 
 
 CONSCRIPTION LAWS, 
 
 PASSED BY THE COHGEESS CF THE COHFEBERATE STATES, 
 
 DELIVERED IN THE SENATE OF GFORGIA, ON TUESDAY, 
 Oth OF DECEMBER, 1S62. 
 
 KEPOBTBD BXPREftSLT FOB, THB INTELLIGENCES, BY A. BL MAB8HAUk 
 
 ATLANTA, G A.: 
 
 PRINTED AT THE OFFICE OF THE DAILY INTFXLIGKSCBB. 
 1862. 
 
8 P E E c i-r 
 
 OK 
 
 HON. GEORGE A. GORDON,. 
 
 OF CHATHAM, 
 ON THE CONSTITUTIONALITY OF THE CONSCRIPTION L.W8, 
 
 PASSED HY THE CONGRESS OF THE CONFEDERATE STATES, 
 Delivered in the Senate of Georgia, on Tuesday, 9th December. 1862. 
 
 The Committee ou Confederate Relatloas 
 made two reports, one the Majority, and the 
 other the Minority. 
 
 The following resolutions were offered by 
 Mr. Gordon as a substitute for both : 
 
 "The General Assembly of Georgia, im- 
 pressed with the conviction that their pri- 
 mary duty at this juncture of the nation's 
 history is to bring this unhallowed war to a 
 successtul close, at whatever sacrilice of 
 blood or treasure, do hereby 
 Resolud, That they will take no action that 
 Bhall impede the operation oftheActsol Con- 
 gress, commonly called the Conscript Acts, 
 but, under a deep sense of their obliga- 
 tions to the State, this General Assembly, in 
 Ihe name and behalf of the people of Geor- 
 gia, do solemnly protest against said t Acts as 
 a violation of the Constitution of the Con- 
 federate States, and an mtringeraent upon 
 the sovereignty of the several Slates/' 
 
 Mr. President, were I disposed to consrh 
 my individual interests, or my person A feel- 
 ings, I should not disturb the slumber of 
 these resolutions ; but I should let them rest, 
 so far as any interference on my part is con- 
 cerned,in the "tomb of the Capsleta" beneafh 
 the Secetary's desk. But,sir, I believe this sub 
 ject to be one of too great importance, of too 
 grave moment, to be passed by In this man- 
 ner. Sir, at such a time a9 this, when the 
 temple of liberty itself is rocking at its very 
 base, when clouds and darkness are obscur- 
 ing its fair proportions, and when storms 
 and tempusts are howling around its battle- 
 ments, it, seems to me that the sentinels up- 
 
 on the watch-tower, placed as we .%re m 
 authority to guard the sacred edifice, should 
 give an answer to the anxious cry of the 
 people we represent, " Watchman, what of 
 the night ?" I have made it a rule of my 
 life to look conscientiously and prayerfully 
 for the path of duty, and when I have found 
 it, to endeavor to follow it irrespective oi'all 
 personal considerations. But, sir, while I 
 am impressed with the importance of the 
 theme to be discussed, I desire to argue it 
 calmly, coolly, dispassionately. In this dis 
 cussion, nothing of personality, nothing of 
 party, nothing of prejudice, nothing of pas- 
 sion, shoulu enter into debase it. We should 
 aim at unadulterated, serene tluth, 1 do 
 firmly believe that the Senate ot to-day i» 
 placed in a position where, should its ac- 
 tion be correct, it will occupy in the eyes of 
 posterity the sam r - prominence that the Leg- 
 islature of Virginia carved for itself by the 
 memorable resolutions of 1798; and thai 
 our action will serve as a beacon to guide 
 our people in generations to come. I be- 
 lieve, if we write our record aright this day, 
 that the action of the Legislature of !8H2 
 will be, to our children and to our childi m\- 
 children, what Virginia's in 1758 has boeji to 
 U9 in our day and generation. 
 
 And in order that I may show my sincerity, 
 my deep sincerity, in seeking to shut, out 
 from this discussion all shade of passion, I 
 desire to say, before beginning my argument, 
 that I am willing to submit to the enforce- 
 ment of the Conscription Acts, notwithstand- 
 ing I shall endeavor to demonstrate that 
 
they are Unconstitutional. My purpose is to 
 whip this fight, and I am willing, rather than 
 submit to the tyranny of Lincoln, to yield 
 obedience for a time to worse than oriental 
 despotism. I do not charactt rize this act as 
 such, but rather than not be successful in the 
 contest in which we are now engaged, I will 
 acquiesce, for ihe Cause, in a temporary in- 
 fraction ot the Constitution itself. Recollect, 
 therefore,that while I shall endeavor to make 
 * it. clear that the Conscription Acts are in- 
 fringements on the sovereign rights of this 
 State, and a violation of the Constitution, I 
 take that position as a legislator entrusted by 
 Georgia with great interests which are to af- 
 fect not merely the present, but future gene- 
 rations. As a citizen, I have drawn the 
 sword and flung to the winds the scabbard, 
 and seek to sheathe it only in the life-blood 
 of the dastardly invader. But, as a legisla- 
 tor, I stand upon sacred and holy ground, 
 and I feel that I am responsible, not only to 
 my God, myself, and my constituents, but 
 also to posterity, for the position which I 
 shall this day de. f end. I therefore come for- 
 ward, as a relisdous and solemn duty, to lay 
 down the land-marks that should guide us 
 amid the darkness of the future. 
 
 And now, Mr. President, first, as to the 
 right of the Legislature to express an opin- 
 ion on a subject which has met the approval 
 cf Congress,aud of the Courts of our country. 
 Ici the whole history, Mr. President, of the 
 United Stases, there has been one continual 
 assertion on the part ot the Legislatures of 
 the Southern States, a continual assertion 
 of the doctrine that the decisions of Con- 
 gress and the opinions of the Supreme 
 Court were proper subjects of criticism 
 by the Legislatures of the States. Need 
 I point you to the history of Georgia to de- 
 monstrate this ? When j udicial decisions of 
 the Supreme Court have come in conflict 
 with the interests of Georgia, and the ex- 
 press law ot the State, Georgia never hesi- 
 tated an instant, through her Executive and 
 Legislature, to take a stand in opposition. In 
 1880, it will be remembered that there was a 
 conflict of this kind, in reference to the occu- 
 pation of our soil by the Indians. An Indian 
 was condemned to death by the Courts of 
 this State for a crime committed on disputed 
 soil. The Supreme Court of the United 
 States ordered a suspension of the execution. 
 The Chief Executive of Georgia (Gov. Gil- 
 mer,) brought the matter before the Legisla- 
 ture in his regular annual message, in wnich 
 he took the ground UihI, notwithstanding 
 the decision, he would carry out the laws of 
 
 Georgia, unless the Legislature should other- 
 wise direct. The subject was referred to a 
 committee, and two reports were submitted 
 — one, the minority report, referring the 
 whole matter to his Excellency to do with 
 as he thought proper; the other, the majori- 
 ty, instructing the Governor to execute the 
 law, it respective of the mandate of any 
 power. The latter report was adopted by an 
 overwhelming vote of both branches of the 
 Legislature. 
 
 We all recollect the action of that distin- 
 guished statesman whose portrait hangs be- 
 fore us, (Gov. Troup,) whose memorable 
 words, in reference to a similar conflict be- 
 tween the State and Federal authorities, 
 have become historical: "The argument is 
 exhausted; let us stand by our arms !" 
 
 The fact is, Mr. President, each depart- 
 ment of the Government has its own appro- 
 priate sphere of action, and in that sphere is 
 supreme; and when all move harmoniously 
 in their respective spheres, the system is 
 well nigh perfect. If there were a single 
 doubt in reference to this subject, I would 
 call the attention of the Senate to the Vir- 
 ginia and Kentucky resolutions passed but a 
 few years after the adopting of the Constitu- 
 tion, in which the rights of the .States re- 
 spectively are distinctly and clearly set forth. 
 The resolutions of Virginia in 1793 were 
 passed in reference to solemn acts of the 
 Federal Congress, the Alien and Sedition 
 laws, and I call the attention of all who 
 doub* our power in the premises to the stern 
 and measured language of the Old Domin- 
 ion. One of these resolutions is in these 
 words : 
 
 Resolved, That (he General Assembly doth 
 also express its deep regret, that a spirit has 
 in sundry instances been manifested by the 
 Federal Government to enlarge its powers 
 by forced constructions of the Constitntion- 
 al charter which defines them, and that indi- 
 cations have appeared of a design to ex- 
 pound certain general phrases (wh<ch having^ 
 been copied from the very limited grant of 
 powers in the former Articles of Confedera- 
 tion were the less liable to be misconstrued) 
 so as to destroy the meaning and the effect of 
 theparUcular enumeration whieh necessarily 
 explains and limits the general phrases, and 
 so as to consolidate the States by degrees in- 
 to one sovereignty the obvious tendency and 
 inevitable resultof which would be, to trans- 
 form the present republican system of the 
 United States into au absolute, or at best, a 
 mixed monarchy. 
 
 Eesolwd^ That the General Assembly doth 
 
* 
 
 particularly proto&t a?ams1 the palpable and 
 
 inarming infractions of the Constitution in the 
 two laie cases of the "Alien and Sedition 
 Acts," &c, (Political Text Book, page G64.) 
 Mark, Senators, how perfect is the parallel 
 between the legislation which we propose to- 
 day and tlr.t had by the Legislature of Virgin 
 ia.*We p opo-e to s ly this day, as did Virginia 
 in 1793, that the Congress of the Confede- 
 rate States by "expounding certain general 
 ph ases so as to destroy the meaning of the 
 effect of the panic d ir enumeration" has put 
 upon the States an unconstitutional act. and 
 we propose that this General Assscmbly 
 shall "particularly protest against the palpa- 
 ble and alarming infractions of the Constitu- 
 tion. I have gone back, sir, to the refresh 
 ing fountains of early legislation springing 
 from the rock of revolutionary experience 
 to the days of Washington, Jefferson and 
 -on. 
 I have gone back to those fountains of liv- 
 ing waters to drink in the hope that we m 
 dig from the soil of Georgia perennial Btreams 
 of living water. I wished to show that, if 
 this wafer be bitter to the taste and repul- 
 sive to the palate of the opponents of this 
 resolution, its constituent elements when 
 analysed, will be found the same as that 
 which slaked the thirst of the sages ol the 
 Revolution. 
 
 Go back with me, Mr. President and Sen- 
 ators, in imagination, to that venerate! hall 
 where sat the illustrious men who framed 
 the Constitution of the United States. I con- 
 fess, sir, that, as my eye glances over the list 
 of names that composed that assembly, I 
 stand appalled and abashed as in the pres- 
 ence ot departed greatness Theie was the 
 venerable Franklin, who, in the Courts of 
 Europe, had proved that the power of the 
 pen was second only to the sword. There 
 sat, as the presiding officer, the Father ot his 
 country. Above his head hung the portrait 
 of arising sun. How beautiful the remarks 
 of Dr. Franklin, as the end of these weary 
 weeks was at hand and the immortal consti- 
 tution of '87 had been ratified by the unani- 
 mous vote of the convention. 
 
 "I have," said he, "olten and often in the 
 eourse of the session and the vicissitudes of 
 my hopes and fears as to its issue, looked at 
 that picture of the sun behind the president, 
 without being able to tell whether it was ri- 
 hing or setting; but now, at length, 1 have 
 the happiness to know that it is a rising and 
 not a setting sue." 
 
 I have gone back to that Convention for 
 the purpose ot beginning this discussion, in 
 
 the presence of the "glorious company of 
 the apostles" of liberty. It I can pioveto 
 you, Senators, that the intention of the fra- 
 mers of the Constitution in providing safe- 
 guards against encroachments from the Fed- 
 eral Government, was what I have assumed, 
 then I have gone far towards establishing 
 the correctness of the principles which are 
 set forth in the resolutions under discussion. 
 And here let me remark that the delegates 
 to the Convention that framed the Constitu- 
 tion were from Sovereign States. The war 
 had just euded; and the Convention was 
 cilled for the purpose of establishing a more 
 perfect union. Tne States could pass any 
 laws they might see fit to pass; they were 
 under no obligations to any other power. — 
 They w« re sovereign and independent, and 
 it was with them as sovereigns that Great 
 Britain had made the treaty of peace, and 
 not with the United Statesas a contolidat-ou 
 or Confederacy '. I call your attention t) 
 what the Constitution is, and was intended 
 to be. It was a charter of checks aud bal- 
 ances; a charter of delegated poweis grant- 
 ed by the Sovereign Slates to the General 
 Government for the purposes of general de- 
 fence. 1 defy any man to show in any por- 
 tion of the Constitution of the United States 
 any power delegated by tin m States 
 
 in which there is not some balance of power 
 reserved to the respective States for the pur- 
 pose of preventing the abuse of the power 
 delegated. And so also there was on the 
 other side bestowed upon the General Gov- 
 ernment power to enable the wheels ot gov- 
 ernment to roll on smoothly and undisturbed. 
 It is important to keep this principle clearly 
 in view, that the Constitution, which we are 
 about to expound, is a chart of delegated 
 powers, ot checks and balances, and that, in 
 every part of this instrument, you will find 
 a check over the delegated powers by which 
 despotism may be avoided. 
 
 And now, Mr. President, the Convention 
 commenced its sessions on May 14, 1737 ; 
 and on that day Washington assumed the 
 chair as President by a unanimous vote.— 
 This book, now in my hand— the Madison 
 Papers, was prepared by Mr. Madison, a 
 member of the Convention. In this volume 
 (2d) we have an account. of the discussions 
 on the powers preceding the war power, on 
 the power of the Judiciary, Congress, and 
 the Executive. Al 1 these subjects were dis- 
 cussed, amendments proposed and rejected, 
 and all the deliberation given to them that 
 their merits required. The volume is a large 
 one and the discussions must have been fre- 
 
6 
 
 quent and elaborate. During this time the 
 war power never came before them but once, 
 and that incidentally. And I cite it to show 
 the extreme sensitiveness of the members 
 of this Convention to anything that looked 
 to an emasculation of the military powers 
 of the States, and to prove that a subject, 
 considered so vital as to call forth such for- 
 cible language, would be thoroughly sifted 
 when the time for its consideration should 
 arrive. 
 
 In the month of June (7th) when they 
 were arguing the extent to which they might 
 entrust the veto power of the President, 
 
 "Mr, Gerry could not see the extent of 
 such a power, and was against every power 
 that was not necessary. He observed that 
 the proposed negative would extend to the 
 regulations of the militia, a matter on which 
 the existence of the State might depend.— 
 The National Legislature, with such a pow- 
 er, may enslave the States. Such an idea as 
 this will never bo acceded to. It has never 
 been suggested or conceived among the peo- 
 ple." (ftladison Papers, page 823.) 
 
 Now I simply cite this authority for the 
 purpose of impressing on the minds of Sen- 
 ators the extreme care, the nervousness and 
 sensitiveness of the men who framed the 
 Constitution in regard to any power which 
 could control direct^, or indirectly, or im- 
 pair the sovereignty of the States; and es- 
 tablish by the power ot the sword a despot- 
 ism in this country. Now, sir, they passed 
 on with various amendments to the lesolu- 
 tion which had been rejected, introduced 
 others and did not reach the 13th Article 
 until August. They began the session early 
 in the Spring and did not reach the Article 
 that declares the power of- Congress to raise 
 and support armies until the 14th ot August. 
 For four months had the Convention been 
 engaged before they reached this question 
 of raising armies. When this subject was 
 brought up an amendment was added "and 
 to support; 1 ' the proposition passed pern. con. 
 The subject of supporting armies was intro- 
 duced, and it also passed nem. con. Now, 
 Senators, as impartial men, I ask if these 
 men who, when the veto power was under 
 consideration, thought of restraining it be- 
 cause it might be made to interfere with the 
 military powers of the States, would have 
 been unanimously in favor of a proposition 
 to raise and support armies which would 
 have effectually interfered with the military 
 powers of the States, if the opinion enter- 
 tained by gentlemen of such power had 
 been the one held by the members of the 
 
 Convention ? I ask you, suppose Mr. 
 Gerry, of Massachusetts, had risen from his 
 seat and stated to the Convention that this 
 power to raise and support armies contained 
 not only a power to raise armies m times of 
 peace, but, also, the power to take every one 
 of the arms- bearing men of the State in the 
 service of the United States, contrary to the 
 will of the States, would that body of ven- 
 erable men have listened to such an an- 
 nouncement with the apparent indifference 
 which marked their action on the subject? It 
 is not so. It could not have been so. The 
 idea would at once have sprung into their 
 minds that by this means despotism of some 
 sort might be established. The inference is 
 clear that they did not understand by those 
 terms to raise and support armies any such 
 power as is claimed for them by the advocates 
 of Conscription. The clause passed nem. con. 
 Where was Elbridge Gerry that his voice 
 should have been silent when Congress was 
 receiving, as gentlemen say, unlimited pow- 
 ers? Senators, he neverj dreamed of such 
 a power being concealed in this phrase. The 
 only remark that was elicited, and that after 
 this clause had been adopted was, on a mo- 
 tion to reconsider it, for a verbal alteration 
 t j the Grand Committee. 
 
 Mr. Sherman took notice that the States 
 might want their militia for defence against 
 invasions and insurrections, and for enforc- 
 ing obedience to their laws. They will not 
 give up this point. In giving up that of tax- 
 ation they retain a concurrent power of 
 raising money for their own use. 
 
 Mr.. G i ry thought this the last point re- 
 maining to be -surrendered. If it be agreed 
 to by the Convention, the plan will have as 
 black a mark as was set upon Cain. — (Mad- 
 ison's Papers, pp. 1,303* 1,864.) 
 
 Thus you can see the light in which a 
 proposition to give up all the militia was re- 
 garded by one "of the brightest lights that 
 adorned the galaxy of statesmen composing 
 that Convention. "Such a plan would, in his' 
 estimation, have as black a mark set on it 
 as that which was set on Cam. On the ques- 
 tion for submitting the question to the Grand 
 Committee to which questions that required 
 farther discussion- was submitted, all of the 
 States voted in the affirmative, except Con- 
 nee icut and New Jersey, and Maryland^ 
 which was divided. 
 
 That was all that was said at that time ir* 
 regard to the question of raising and sup- 
 porting armies. And 1 must confess my as- 
 tonishment that in the decision of this ques- 
 tion by cur Supreme Court, pronounced by 
 
:• 
 
 a maa, whom I reverence and estee 
 
 his parity as a man, and eminence's a ju- 
 rist, it should have been said that the power 
 to raise armies is unabridged by anything in 
 the Constitution of the United States, and 
 that the proposition is so clear, that to state 
 the proposition, is to demonstrate it. Why, 
 Senators, that is the whole question In dis- 
 pute. The whole matter turns upon that 
 very point. Would no voice have been rais- 
 ed against a grant that might detach from 
 the State our fathers, brothers, and sons, our 
 young men and our old men, all, it may be, 
 from 10 to 70 years olage, all the arms-bear- 
 ing men in the Confederacy ? And yet not 
 one word is heard against it from Ellsworth, 
 from Gerry, from Franklin — not one word 
 of protest against the granting of such a 
 power ? When, on the 5th of September, 
 the Committee of Eleven reported, and to 
 the clause to declare war was added, "'and 
 grant letters ot marque and reprisal ;" and 
 to the clause to raise and support armies was 
 added, "but no appropriation of money shall 
 be for a longer term than two years ;" this 
 report being taken up was adopted nemcon. 
 No prophetic voice of warning is lifted up 
 in that Hall, notwithstanding the experience 
 through which they had just passed in the 
 revolutionary struggle. 1 repeat the ques- 
 tion, Senators, do you believe that any such 
 power as that claimed by the advocates of 
 Conscription ever entered the minds of these 
 men when the clause in the Constitution to 
 raise armies was up for discussiou \ Would 
 these great and good men, who had lived 
 under the laws of a country Which lilack- 
 stone declares forbids the raising of men for 
 armies except by voluntary enlistment, and 
 with whose writings they were familiar; and 
 still further would these men who had lived 
 under a Government whose people had de- 
 throned one King, for exercising such a pow- 
 er, have sat still aud silently seen such a prin- 
 ciple engrafted on the Constitution as that 
 the general government might raise armies 
 by compulsion ? I cannot " believe it ; you 
 cannot believe it. There was the refera- 
 ble President ot the Convention, who had 
 not been long from the battle-field, and 
 whose deeds had illustrated that had b 
 tyranny lurking in the words he would have 
 risen aud rebuked the error. 
 
 I ask you, then, Senators, if it is not a fair 
 and legitimate deduction, that the framers 
 of the Constitution never intended to confer 
 upon the general government such a power 
 — a power greater than any constitutional 
 gover!Mr>"it ever tc:'or? possessed \ 
 
 Weil now, Mr. President and Senators, I 
 have endeavored, in the course of remarks 
 which I have submitted to you, to demon- 
 strate this proposion, that the intention of 
 the framers of the Constitution in the Con- 
 vention of 1787 was not to give a power 
 which the Congress of the Confederate 
 States have claimed in this paragraph. Let 
 us go still one step further, now, and see 
 whether we cannot gather what was the 
 real intention of these framers of the Con- 
 stitution, by the clauses which follow, and 
 explain this grant. 
 
 Having passed upon this clause to raise 
 and support armies, the next clause was that 
 in relation to organizing, arming, and dis- 
 ciplining the militia. The history of this 
 clause is so important, and, to the lover of 
 the history of our country, so peculiarly in- 
 teresting, that I beg the indulgence of the 
 Seuate while I read at length the report of 
 Mr. Madison : 
 
 "In the Convention report of the Commit- 
 tee of Eleven, made the 21st of August, being 
 taken up, and the following clause being un- 
 der consideration, to wit : 'To make laws for 
 organizing, arming, and disciplining the mi- 
 litia, and lor governing such parts ot them 
 as may lie employed in the service of the 
 United States, reserving to the States respec- 
 tively the appointment of the officers, and 
 authority of training the militia according to 
 the discipline prescribed,' 
 
 " Mr. Sherman moved to strike out the 
 the last member— 'and authority of training,' 
 &c. He thought it unnecessary. The States 
 will have this authority of course, if not giv- 
 en up. 
 
 11 Mr. Ellsworth doubted the propriety of 
 striking out the sentence. The reason as- 
 signed applies as well to the other reserva- 
 tion of the appointment to oflices. He re- 
 marked at the same time that the term dis- 
 cipline' was ot vast extent, and might be so 
 expounded as to include all other power on 
 the subject. 
 
 "Mr. King, by way of explanation, 
 that by organizingXhs Committee meant pro- 
 portioning the officers and men; by arming,, 
 specifying the kind, size and calibre of arms, 
 and by disciplining, prescribing the manual 
 exercises, evolutions, &c. 
 
 " .Mr. Sherman withdrew his motion. 
 
 4k Mr. Gerry —This power in the United 
 States, as explained, is making the States 
 drill-sergeants. He had as lief let the citi- 
 zens of Massachusetts be dis to lake 
 the command from the States, and subject 
 them to the (General Legislature. It would 
 
be regarded as a system of despotism. 
 
 "Mr. Madison observed that famishing 
 explained, did not extend to 'arming 1 as 
 arms; nor the term 'disciplining to penalties 
 and courts martial for enforcing them. 
 
 "Mr. King added to his former explaaation 
 that arming meant not only to provide lor 
 uniformity of arms, but included the authori- 
 ty to regulate the modes of furnishing, either 
 by the militia themselves, the State Govern- 
 ments, or the National Treasury; that laws 
 for disciplining must involve penalties, and 
 everything necessary for enforcing penal- 
 ties. 
 
 "Mr. Dayton moved to postpone the para- 
 graph, in order to take upthe following pro- 
 position : ' To establish an uniform and gen- 
 eral system of discipline for the militia- of 
 these States, and to make laws for organi- 
 zing, arming, disciplining, and governing, 
 such part of them as may be employed in the 
 server of the United States ; reserving to the 
 States respectively the appointment of the 
 officers, and all authority over the militia, 
 not herein .given to the General Govern- 
 ment.' 
 
 J* On the question to postpone in favor of 
 this proposition, it passed in the negative: 
 New Jersey, Maryland, Georgia— aye, 3; 
 New Hampshire, Massachusetts, Connecti- 
 cut, Pennsylvania, Delaware, Virginia, 
 North Carolina, South Carolina— no, 8. 
 
 " On the question to agree to the first part 
 of the clause, namely, * To make laws for or- 
 ganizing, arming and disciplining the militia 
 and for governing such part of them as may 
 be employed in the service of the Unite'd 
 States' — New Hampshire, Massachusetts, 
 New Jersey, Pennsylvania, Delaware, Virgi- 
 nia, North Carolina, South Carolina, Georgia 
 —aye, 9 ; Connecticut, Maryland— no, 2. 
 
 "Mr. Madison moved to amend the next 
 part of the clause so as to read, 'reserving to 
 the States respectively the appointment of 
 officers, under the rank of general officers? 
 
 "Mr. Sherman considered this as inadrals- 
 sable. He said that if the people should be 
 so far asleep as to allow the most influential 
 officers of the militia to be appointed by the 
 General Government, every man of discern- 
 ment would rouse them bv sounding the 
 alarm to them. 
 
 "Mr. Gerry— Let us' at once destroy the 
 State Govern meuts, have an Executive for 
 life, or hereditary, and a proper Senate ; and 
 then there would be some consistency in giv- 
 ing full powers to the General Goverment; 
 but as the States are not to be abolished, he 
 wondered at the attempts that were made to 
 
 give powers inconsistent with their exis- 
 tence. He warned the Convention against 
 pushing the experiment too tar. Some peo- 
 ple will support a plan of vigorous govern- 
 ment at every risk. Others, of a more demo- 
 cratic cast, will oppose it with equal deter- 
 mination ; and a civil war may be produced 
 by the conflict. 
 
 " Mr. Madison — As the greatest danger is 
 that of disunion of the States, it is' necessary 
 to guard against it by sufficient powers to the 
 common government ; mid as the greatest dan- 
 ger to liberty is from standing armies, it is best 
 to prevent tJiern by an effectual provision for a 
 good militia. 
 
 " On the question to agree to Mr. Madi- 
 son's motion : New Hampshire, South Caro- 
 lina, Georgia* — aye, 3 ^Massachusetts, Con- 
 necticut, New Jersey, Pennsylvania, Dela- 
 ware, Maryland, Virginia, North Carolina — 
 no, 8."— Madison Papers, pp. 14U2— 1408. 
 
 Now mark with wnat jealousy this august 
 body viewed any attempt to overshadow the 
 States. Mr. Aiadison, a great and shining 
 light, admits the fact that he desires s=o to 
 suape this grant as that a disunion of these 
 States should be impossible, and, therefore, 
 urges that the States should be deprived of 
 the power to appoint general officers, which 
 was the check to balance the grant of 
 power. 
 
 "Let us "then destroy the State Govern- 
 ments," are the burning words of the intrep- 
 id Gerry, and the Convention shows its ap- 
 preciation of the whole matter by the deci- 
 sive vote with which they negatived Mr. 
 Madison's proposition. 
 
 Now, Senators, my argument does not 
 hinge upon this question of the appointment 
 ot general officers. 1 only advert to it to 
 illustrate one of the propositions, with which. 
 I. started, that to every grant of power to the 
 General Government is coupled a check 
 against centralization. But I have thus quo- 
 ted at large to deduce from the jealous scru- 
 tiny with which they examined the powers 
 of Congress in cases Of invasion, the con- 
 clusion of the intentions of the members of 
 the Convention as to the former grant. 
 
 Now, i can imagine the veneraule form of 
 the president rising at this point of their de- 
 liberations and saying — " Gentlemen of the 
 Convention, why this heat and fervor in ref- 
 erence to the militia ? They are to be used 
 only in cases of invasion and insurrection, 
 and, perhaps, not then; For you have al- 
 ready granted full and plenary power to Con- 
 
 *In the printed Journal, "Geoigia.; nt. 
 
9 
 
 gressin the premises, and this argument is 
 but a waste of time. Do not, 1 pray you, 
 stultify yourselves by arguing elaborately a 
 question already fully decided." 
 
 How, think 3 on, such an address would 
 have been received'? Do you believe that it 
 would have embodied the sentiments of that 
 body ? Nay, 1 ask you in ail candor, do you 
 believe that there was one man in that as- 
 sembly who would not have risen in his 
 place and solemnly protested against such a 
 construction being placed upon hi9 former 
 action ? Mr. President, the question lies in 
 ■ a nutshell. The militia clause is or is not a 
 modification of the armyclause v If it is, my 
 proposition is demonstrated. If it is not, 
 these papers of Mr. Madison lead us to no 
 other conclusion than that the fathers of the 
 Republic, were incapable of intelligent rea- 
 son. 
 
 Mr. President, I will not farther elaborate 
 this point. It seems to me that I have suffi- 
 ciently shown bythe.se Madison papers, pre- 
 pared with great care by one oi the most il- 
 lustrious- members of that Convention, the 
 intention of that body in the grant of milita- 
 ry power to the General Government. Rec- 
 ollect that there were lawyers in that body, 
 who knew the value of words and who 
 weighed the measure of language by the 
 standard of history. When they used the 
 term "raised armies,'' they presupposed a 
 knowledge of English law'and applied it to 
 the words. When they came to militia they 
 knew the full extent ot their power under 
 English precedents, and prepared to guard 
 it jealously. 
 
 1 think I have demonstrated that these 
 Gamaliels ot the revolution, at whose feet 
 we have been content to sit and drink of 
 their words of wisdom; the men, who had 
 been baptized in the blood of the immortal 
 struggle tor liberty, and who had emerged 
 sanctified by their undying efforts for right; 
 these men must have been devoid of reason 
 if they construed the power to raise armies 
 to include a military power over every citi- 
 zen of the respective States, and yet, two 
 months afterwards, should consume days in 
 the discussion of a military power in a few 
 specified cases. Ii seemed to bo an axiom 
 with them that standing armies were dan- 
 gerous in time of peace ; and yet in the mi- 
 litia clause they provide for every occasion, 
 in which there could be a defensive war. — 
 To ma.ntain the construction of the advo- 
 cates of conscription, and yet accord good 
 sense to the members of the Convention, the 
 power to raise p.rnvies could only be exer- 
 
 cised in times of peace or in a foreign war. 
 The fact is, these powers were necessarily 
 to be construed together, or the members of 
 that. Convention have stultified themselves. 
 Well, Mr. President, there is still another 
 method by which lawyers are enabled to 
 arrive at the proper construction of an in- 
 strument which they are investigating. I 
 have endeavored to reach this end by the 
 intention of the lramers of the instrument: 
 I snail now proceed to examine the consti- 
 tution by the light of cotemporaneous histo- 
 ry. It is well known that in ecclesiastical 
 matters, it is the custom of divines to seek, 
 in the writings of the fathers, who lived near 
 the times ot the apostles, the light which 
 they are often unable to gather from the sa- 
 cred witings, themselves, and no safer guide 
 can be lound, in the determination of doubt- 
 ful dogmas, than the action and commenta- 
 ries of the fathers of the church. 
 
 I now propose to demonstrate by thet 
 writings of Washington, Jefferson, aud the. 
 action of Congress uniformly, that the con- 
 struction thatl placed upon "the Constitution 
 is the correct one. 
 
 The distinguished jurist, who has decidetl 
 the Conscript Acts to be constitutional, has 
 declared that George Washington had rec- 
 ommended to Congress, through his Secre- 
 tary of War, a plan for raising armies iden- 
 tical with conscription, and argues that we 
 walk in the safe paths when we. tread in the 
 footsteps of the Father of our country. I 
 confess that this position is a fascinating one, 
 and that, if it can be demonstrated that this 
 power to conscribc has been endorsed by 
 Washington, it is a strong argument on 
 their side. But 1 deny, in unequivocal terms, 
 that the plan of Mr. Knox embraced the 
 obnoxious features of conscription, and I 
 challenge an investigation ot the fact. 
 
 The plan of Mr. Knox was a recommen- 
 dation ofja legionary organization, by which 
 the arms-bearing people of the States might 
 be divided into three classes of ages speci- 
 fied, by which education might be advanc- 
 ing with the first class, while the second was 
 on the field of action, and the third held as 
 a reserve. The act lies before me, (Ameri- 
 can State papers, vol. 12,) and its whole op- 
 eration was through the instrumentality of 
 the States, 
 
 But granting, for the sake of argument, 
 that this was a conscript act, there are three 
 distinct facts in connection with it, which 
 entirely destroy the force of the position as- 
 sumed. 
 1st, George Washington never Tecom- 
 
10 
 
 mended it to pass. He sedulously avoids 
 any expression of opinion, contenting him- 
 self vrith .simply transmitting the views of 
 his Secretary to Congress. 
 
 2d, Gen. Washington never conceived 
 Oiat this plan of Mr. Knox was to be based 
 upon that clause of the Constitution, which 
 provides for raising armies, but expressly 
 declares that it is "a plan for the general ar- 
 rangement of the militia" thus plainly 
 showing that if it was a Conscript Act, it 
 must be justified under the power in Con- 
 gress to organize the militia. 
 "Organization militia communicated to the 
 
 Senate on the 21st of January, 1790 : 
 
 Gentlemen of the House of Representa- 
 tives : The Secretary for the Department- of 
 War has submitted to me certain principles 
 to serve as a plan for the general arrange- 
 ment of the militia ot the United States. 
 
 Conceiving the subject to be ot the high- 
 est importance to the welfare of our coun- 
 try, and liable to be placed in various points 
 of view, I have directed him to lay the plan 
 before Congress for their information, in or- 
 der that they may make such use thereof as 
 they may judee proper. 
 
 [Signed,! GEO. WASHINGTON. 
 
 United States, January 21 1790." 
 (American State Papers, vol. 12 : p. 6,) 
 
 But there is a third fact, more striking 
 than either of the foregoing in this connec- 
 tion, and that is that Congress rejected the 
 plan, and therefore,|Were, though it had been 
 demonstrated that George Washington ap- 
 proved the plan, and that it was in conso- 
 nance with the power to raise armies, both 
 of which we have refuted, the first Congress 
 of the United States of America set its seal 
 of condemnation upon what gentlemen on 
 the other side are pleased to terra the first 
 Conscription Act. 
 
 Now, there is no record of the reasons 
 which animated them in the rejection of 
 Mr. Knox's plan. We co not know what 
 arguments may have brought them to that 
 conclusion. But, in a body composed of 
 men so distinguished, it is reasonable to sup 
 pose- that a plan which had worked so fa- 
 vorably under the auspices of Napoleon, and 
 was recommended by so able a Secretary, 
 would not have been rejected but for grave 
 and, may I . not say, constitutional objec- 
 tions. 
 
 But, sir, this is not all. This plan was 
 recommended to Congress for the arrange- 
 ment of the militia. If they rejected it, 
 what plan did they adopt ? 
 
 Turn, sir, to the M^iitary Laws of the 
 
 United Statps, aud there vou (lad the Act of 
 1792, the first. Militia Law. ( Page 295.) 
 
 Let us road the first five lines: 
 
 "That each and ever]/ free whits able-bodied 
 citizen of the respective 'States, resident there- 
 in, who is or shall be of the age of 18 and 
 under 45, shall severally . and" respectively 
 be enrolled in the militia." 
 
 Now, pause for a moment at this point.— 
 Every citizen between 18 and 45 is enrolled 
 in the militia. Suppose, at this juncture, 
 Congress had wanted to raise an army. — 
 How would it have been done? Where 
 are the men to come from ? Not from the 
 able bodied citizens between 18 and 45, for 
 they are formally enrolled in the militia 
 Sir, I ask you, in all candor, had an insur- 
 rection broken out, or an invasion been 
 made, would Congress have dared to enter 
 by force the ranks of the militia, to form an 
 army. 
 
 But, sir, to return. In the course of an ar- 
 gument some days since with the honorable 
 Senator from Richmond. I stated that there 
 was a view of this subject, which I had not 
 seen taken, which cleared from my mind all 
 difficulties concerning the harmonious work- 
 ings of the State and General Governments. 
 
 If you will examine the act of 1792, and 
 179jTtMilitary Laws p. 295 to 303,) you will 
 perceive an arrangement of the militia as 
 complete as that of Mr. Knox and having 
 the additional merit of being constitutional. 
 By these acts, a uniform militia establish- 
 ment is created in each State under the di- 
 rection aud control of the President of the 
 United States, Annual reports were to be 
 made by the Adjutant General's of the sev- 
 eral States to the President, who was requir- 
 ed to lay them before Congress each and ev- 
 ery year, Over this militia, the President 
 had, on the occasions specified by the Consti- 
 tution, fall and complete control, and that, 
 too, without the necessity of calling upon 
 the Governors of States for them. The act 
 of 1795 makes it "lawful for the President 
 to call forth such number of the militia as 
 he may judge necessary to. repel invasion 
 and to issue his orders for that purpose to such 
 officer or officers of the militia ai he shall think 
 proper." 
 
 Now, my idea is that, had this system been 
 adopted, under a Clear grant of power, much 
 more could have been accomplished than 
 has been done under the Conscript acts, and 
 the rights of the States been pres2rved. 
 
 But, sir, my main argument is that the 
 Aots of 1792 and 1795 were a rejection and 
 
I ! 
 
 eondernnati uilted by Mr. 
 
 Knox. 
 
 But this is not the only condemnation of 
 it, and as we proceed in the history of Con- 
 •nal legislation, you will perceive that 
 my assumption, that that plan was rejected 
 on constitutional grounds is not a mere in- 
 erence but is plainly announced bv Congress 
 itself: 
 
 (Communicated to the House of Represen- 
 tatives, March 24, 1794.) 
 
 Mr. Cobb from the Committee appointed 
 to report whether any and what alterations 
 are, in their opinion, necessary to the act, 
 more effectual}- to provide for the national 
 defence, by establishing an uniform militia 
 throughout the United States, made the fol- 
 lowing report: 
 
 That they are impressed with the impor- 
 tance of a more energetic system for the es- 
 tablishment of an uniform militia than what 
 is contemplated by the present existing laws 
 of the U. S. ; but in -viewing this subject as 
 applied to the Constitution of the United State* 
 and the powers therein expressly reserved to the 
 different States, they have their doubts how 
 tar Congress can, consistent therewith, make- 
 any important alterations or amendments in 
 the present law; and as the right of train- 
 ing the militia is constitutionally reserved to 
 the States, it they can be impressed with the 
 importance of exercising this power, and di- 
 recting its operation more especially to the 
 light infantry and grenadier conipani 
 each regiment, an efficient force may be 
 thereby created, and equal to any that can 
 probably be obtained by any additional law 
 of the United States made under the consti- 
 tutional powers of Congress. Under this 
 view of the subject, and until further expe- 
 rience shall be had under the existing law, 
 the committee are of opinion that no amend- 
 ment is necessary to an act for establishing 
 an uniform militia throughout the United 
 States. (American State Papers, \o\ 12, p. 
 66.) 
 
 Now, murk the language. In vie win- this 
 subject, as applied to the Constitution, they 
 have their doubts how far Congress [can al- 
 ter the present law. What law ? The act oi 
 1792, which, as we have seen, was passed 
 by the Congress that rejected Mr. Knox's 
 plan. Does this not prove that the Coi 
 of 1794 believed that they had exhausted 
 their power in Hie legislation of the prece- 
 ding Congress V 
 
 But, again, in 1803, Mr. Yarn am, from the 
 committee to whom was referred that part 
 of the President's message of the 15Ui day 
 
 of December last, which i 
 iitia institution of the United States,and a bill 
 which was reported to the House at the 
 last session ot Congress, on the same sub- 
 ject, made the following report : 
 
 "That after a lull investigation of the sub- 
 ject they are of the opinion that a law which 
 passed the 8th day of May, 1 792, entitled 
 "An act more effectually to provide for the 
 national defence, by establishing an uniform 
 militia throughout the U. S., M embracing all 
 the objects of a militia institution, delegated 
 to Congress. 
 
 Resolved, That the President of the United 
 Slates be requested to write to the Executive 
 of each State urging the importance and in- 
 dispensable necessity of vigorous exertions, 
 on the part of the State governments, to 
 carry into effect the militia system adopted 
 by the National Legislature," agreeably to 
 the powers reserved to the States respec- 
 tively, by the Constitution of the United 
 States, and in a manner the best calculated 
 to insure such a degree of military discipline 
 and knowledge of tactics as will, under the 
 auspices of a benign Providence, render 
 the militia a sure and permanent' bulwark 
 ot national defence."' (American State Pa- 
 pers, vol. 12, p. 163.) 
 
 Here, again, Congress lias before it tho 
 act of 1 792 ,aud, after mature consideration, 
 declare that that act embraceth all the ob- 
 jects of a militia institution delegated to 
 Congress. Can language be more i 
 ,-ivc V 
 
 But, still further, in 1806, the Committee 
 of Congress examine at length the classifi- 
 cation proposition of Mr, Knox, and the re- 
 sult is another verdict against it : 
 
 "Mr. Varnum, from the Committee to 
 whom wa3 referred so much of the m 
 of the President of the Un' , ol the 
 
 3rd of December, as relates to the organiza- 
 tion and classification of the militia, and to 
 the augmentation ot the land forces, made 
 the following report, in part, in relation to 
 the classification and new organization of 
 the militia. 
 
 "If the proposed system should be adop- 
 ted, the total derangement of the existing 
 organization of the militia must be the con- 
 sequence. It may be proper here, again to 
 remark that, by the Constitution of the Uni ; 
 ted States is vested in the General Govern- 
 ment the power 'to provide for organizing, 
 arming, and disciplining the militia, and for 
 governing such part of them as may be em- 
 ployed in the service of the United States,' 
 the Constitution is 
 
12 
 
 express in 'reserving to the States, respec- 
 tively, the appointment of the officers, and 
 the authority ot training the militia accord- 
 ing to the discipline prescribed by Congress.' 
 By this derangement in the Constitution, 
 the powers necessary to prodnee an efficient 
 militia are divided between the General 
 Government and the State Governments — 
 In pursuance of the po^er vested in the 
 General Gevernment on this subject, Con- 
 gress did in the year 1792, pass an act to es- 
 tablish a uniform militia throughout the 
 United States, which act seems to embrace 
 all the principles in the case delegated to 
 Congress. Soon after the passage of that 
 law by Congress, a consideration of the sub- 
 ject w'as assumed by the Legislatures of all 
 the States, and laws have been passed by 
 all the States for carrying that system into 
 effect, so that by the co-operation of the 
 General Government and the State Govern- 
 ments, the militia are now completely or- 
 ganized and officered throughout the Union. 
 It is now thirteen years since this system 
 has been in operation ; the people practicing 
 under it have, in a great degree, become ac- 
 quainted with it and attached to it ; and, in 
 many parts of the Union, military discip- 
 line is rapidly progressing under it, and it 
 cann >t with propriety be doubted that the 
 militia of the United States, 'under the ex- 
 isting organization, are amply competent to 
 a detence against the intrusion of any inva- 
 ding enemy. To derange this system, then, 
 and introduce one totally new and untried, 
 one in whtch it is not certain that the State 
 Legislatures wiU concur, and which is of 
 doubtful aspect as it relates to the approba- 
 tion of the body of the people, would, in 
 the opinion of the Committee, at this im- 
 portant crisis of onr national affairs, be put- 
 ting too much to risk." (American State'Pa- 
 pers, vol. 12, p. 189.) 
 
 Now, by the way, I would remark that 
 this report discloses the fact that our fathers 
 believed that the State legislatures had some 
 little power in the premises, and were to be 
 occasionally consulted. These notions are, 
 perhaps, too antiquated for the enlighten- 
 ment of 1862, but the Congress of 1806 did 
 not deem it beneath their dignity to advert to 
 the fact, that the State Legislatures had con- 
 CHrrent power with them over the militia. 
 
 I would now ask- any impartial hearer 
 whether it has not been demonstrated that 
 the plan of Mr. Knox, misquoted as it has 
 often been, received for the twenty years of 
 legislation, immediately subsequent to the 
 adoption of the Constitution, the condemna- 
 
 tion of the men who lived cotemporaneously 
 with its birth. 
 
 But, Mr. President, we have still addition- 
 al light upon this subject, which enables me 
 not only to prove what Congress cannot do 
 under the power to raise armies, but what 
 they can do. It Senators have followed my 
 line of argument, they very clearly deduce 
 the idea, which I am now reaching, that all 
 power in Congress to raise an army by com- 
 pulsory process is through the militia clause, 
 and thai the power to ''raise armies 1 ' applies 
 to a regular army, to be raised by voluntary 
 enlistment. The method I have not yet 
 shown specifically. But Congress comes to 
 my aid in this emergency and shows how 
 the regular army is to be recruited. 
 
 "An act supplementary to the act, entitled 
 "An Act for the more perfect organization, 
 of the army of the United States:" 
 
 "Sec. 6. And be it further enacted, That it 
 shall be lawful for any person, during the 
 term he may be perf >rming a tour of militia 
 duty, to enlist, in the regular army of the 
 United States; and the recruiting officers 
 are hereby authorized to enlist any such per- 
 son in the same manner, and under the same . 
 regulations, as if he were not performing 
 such militia duty ; and every person who 
 shall enlist, while performing a tour of mili- 
 tia duty as aforesaid, shall be thereby exhon- 
 erated from serving the remainder of said 
 tour; rnd the State" to which he may belong 
 shall not be required to furnish any other 
 person to serve in his stead." (Military Laws 
 of U. S., p. 159 ) 
 
 Mr. President, this extract solves, to my 
 mind, all difficulties about this problem.— 
 To repel invasion, suppress insurrection, 
 the Confederate States can come to this 
 State, and, through the machinery of the 
 militia, officered by herself, compel every 
 man to do military service. But, sir, be- 
 yond this the General Government cannot 
 go. They cannot enter this Sovereign State 
 and force a freeman of Georgia to enter 
 their regular army. If he chooses to vol- 
 unteer, well and good. He may be relieved 
 from his militia duty, and the State shall 
 have credit for that man, as a militia man, 
 in any future draft upon her for troops. — 
 But to force him to go is a power which the 
 Constitution does not give, and against 
 which, as a Senator, I solemnly protest.— 
 There were, at one time, five armies in the 
 United States, under the p«wer to raise 
 armies, but no man dared claim that the 
 ranks of either of them could be filled by 
 compulsion. Mr. Jefferson calls them the 
 
13 
 
 regular army, the additional army, tlie pro- 
 visional army, the army of* volunteers, and 
 the eventual army. Tney existed at the same 
 time for protecting our exposed borders aud 
 filling up the peace military establishment 
 of the United States. But no Pre* ; deut 
 dreamed of forcing a citiz n of the States, 
 against his will, into the ranks. 
 
 Mr. President, I will not weary you by 
 further quotations. I have before me the 
 writings of Washington and of Jefferson, of 
 Webster and of Woodoury, leading minds 
 of the first and last days of the American 
 Republic. Their 3eniiments upon ihisgreat 
 question are almost identical With all, it 
 seemed clear that the military power of the 
 United States by compulsion was restricted 
 to the militia, and that the regular army of 
 the country could be raised only by volun- 
 tary engagement. But my time is growing 
 short, and as I perceive that my remarks 
 are being reported by the press, and as tho 
 flattering attention you have given me evin- 
 ces your appreciation of the importance of 
 the subject, I will record the reference to the 
 authorities I had prepared. 
 
 WASHINGTON. 
 
 Sparks Writings, vol. vii, pp. 51, 441,442, 
 £05; vol. viii, p. 143 ; vol. xii. pp. 48, 51,01, 
 74,60. 
 
 JEFFERSON. 
 
 Jefferson's Complete Works, vol. iv, p. 
 4G9, 279, 282, 291; voL v, pp. 76\ 159, 423; 
 voL viii, pp. 49, 108. 
 
 WEBSTER. 
 
 Life of Webster, vol. ii, pp. 48, 95, G13. 
 
 WOODBURY. 
 
 Woodbury's Wr tings, vol. 1, pp. 102, 472. 
 
 I particularly invite attention to the clear 
 distinction drawn by Mr. Jeff.rson in his 
 message ot December 3, 1805. between the 
 regular army and the militia. 
 
 And now, Mr. President, transport your- 
 self back to another scene of more recent 
 date! We have traveled through the distant 
 paths of varied years, and delved into the 
 musty records of Congressional action, to 
 discover the thoughts and opinions of those 
 wbo-:e names are history. Go with me to Sa- 
 vannah. ~nd enter the Convention of Georgia 
 which r. tified, in 18(31, the Confederate Con- 
 stitution I see before me the Senators from 
 Hancock, (Mr. Harris,) from Troup, (Mr. 
 Beasley,) from Whitfield, (Mr. Jackson,) and 
 I ask them in all sincerity to say whether, 
 when Mr. Alexander reported the resolution 
 that Georgia ratify the Constitution, in her 
 sovereign capacity, it ever entered their ima- 
 ginations that they were conferring upon 
 
 the Congress of the Confederate States such 
 a power as is claimed under the Conscrip- 
 tion Acts ? Nay, had one arose and prophe- 
 sied to them that, in a year after their ad- 
 journment, Congress could have exercised 
 that power under the grant to raise armies, 
 would not the vote upon its a loption have 
 been as unanimously in the negative, as by 
 lit of history, it had the right to be, 
 and was, affirmative? I see that my friends 
 reply approvingly to my inquiries, and I 
 gather again the intention of the trainers of 
 the Confederate Constitution. 
 
 And now, Mr. President, Cui bono?— 
 VJThat is the object of the remarks, which I 
 have had the honor to make this day? Do 
 I intend to ask you to oppose the operations 
 of the Conscript Acts, while clouds and 
 darkness are round about u>1 Do Iseek to 
 induce Georgia to assert her owu separate 
 sovereignty by reason of this infringement 
 of it? Go J forbid. That is not my object. 
 As a citizen lam willing to submit to much 
 more than this to bring this war to a success- 
 ful close. Such is my action, such my ad- 
 vice. But as a Senator 1 stand upon sacred 
 ground, and I feel it my duty to erect on 
 yonder journal a record that shall be a land- 
 mark to posterity. 
 
 But to do this, I need rot indulge in in- 
 vective against any one. Sir, in my heart I 
 believe that, if we could probe the secret 
 thoughts of that illustrious man, who now 
 presides over the destinies of th"<s Confede- 
 racy, we should perceive the sadness, with 
 which he forced himself to sacrifice on the 
 altar of his country the principles of a life- 
 time. 
 
 He knew better than I, better than anv of 
 us here, the laws, on which I have com- 
 mented, for in his message recommending 
 conscription, which I believe he meant to be 
 State conscription, be suggested the repeal 
 o. all militia laws. But when Congress had 
 passed the laws, he knew not how fitter to 
 fight this great battle, and he yielded, I be- 
 lieve, his conviction of law to the necessities ' 
 of desperate times. That he will use the 
 power to our injury, I spurn the thought- 
 He is a pure patriot, and my argument 're- 
 quires no aspersion of him. 
 
 Mr. President, all of us must make sacri- 
 fices in this war. Our women are bleeding 
 over desolated homes and broken hearts.— 
 Our children are suffering for a father's guid- 
 i ig hmd. Our property is being rimed «nd 
 our proHpects in lite shaitered— and shall I 
 not, as a citizen, yield to my country the 
 
14 
 
 obedience and aid, which as a Senator I can- 
 not do ? I will. 
 
 Sir, it may be that ere the lime shall ar- 
 rive for our adjourned session, my bones 
 may be bleaching beneath the battlements I 
 have buildcd. It may be that the gallant 
 band, who now cluster around me, may be 
 sleeping amid the shells of the ocean they 
 are guarding. But peace will some day come. 
 And then ! Georgia ! Georgia ! thy moun- 
 tains shall belch forth the liquid ore that 
 shall dot thy surface with the materials of 
 prosperity. Thy fields shall be white with 
 the kingly plant, that, with African muscle 
 and Caucasian skill, shall enable thee to 
 
 rule the world. Prosperity and plenty 
 shal? be in thy borders and our God 
 shall give us His blessing. I may not 
 live to see these blessed days ; but, 
 sir, my ambition is that when in the fu- 
 ture our children shall recount the deeds of 
 this revolution, they may probably say 
 that their fathers not only achieved the 
 blessings of a free government for them by 
 the power of the sword, but that, despite 
 the darkness that hung over them, they 
 handed down to them a country redeemed, 
 regenerated, disenthralled by the irresistible 
 genius of the eternal principles of constitu- 
 tional liberty. 
 
 / 
 
I 
 
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