USA > Georgia > The history of the State of Georgia from 1850 to 1881, embracing the three important epochs: the decade before the war of 1861-5; the war; the period of Reconstruction, v. 2 > Part 38
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" At the present moment when our very existence is threatened by armies vastly superior in numbers to ours, the necessity for defense has induced a call, not for the whole militia of all the States, not for any militia, but for men to compose armies for the Confederate States."
In the midst of such pressing danger, why was it that there was no necessity for any militia ; in other words, no necessity for any " bodies of men organized by the States," as were many of the most gallant regiments now in the Confederate service, who have won on the battle-field a name in history, and laurels that can never fade?
Were no more such bodies " organized by the States " needed, because the material remaining within the States of which they must be composed was not reliable? The Conscription Act gives you the very same material. Was it because the officers appointed by the States to command the gallant State regiments and other "organized bodies " sent by the States were less brave or less skillful than the officers appointed by the President to command similar "organized bodies? " The officers appointed by the States who now command regiments in the service, will not fear to have impartial his- tory answer this question. Was it because you wished select men for the armies of the Confederacy? The Conscription Act embraces all, without distinction, between 18 and and 35 able to do military duty and not legally exempt. You do not take the militia. What do you take? You take every man between certain ages, of whom the militia is composed. What is the difference between taking the militia and taking all the men who compose the militia? Simply this : In the one case you take them with their officers appointed by the States, as the Constitution requires, and call them by their proper name, " militia," "employed in the service of the Confederate States." In the other case you take them all as individuals-get rid of the State officers-appoint officers of your own choice, and call them the " armies of the Confederacy." And yet these armies, like you say the militia do, will "go home" when the exigency has passed, as it is hoped they are not expected to be permanent like the regular armies of the Confederacy; or in other words, like the land and naval forces provided for in the Constitution, from which you distinguish the militia. Indeed, the similarity between these " armies of the Con- federacy," called forth in an emergency, to repel an invasion, to be disbanded when the emergency is passed ; and the militia or bodies of troops organized and officered by the States, called forth for the same purpose, to be composed of the same material and dis banded at the same time, is most remarkable in everything, except the name and the appointment of the officers.
Excuse me for calling your attention to another point in this connection.
As you admit the militia have always been called forth as " bodies organized by the States," and when thus called forth that the States have always appointed the officers, I presume you will not deny that when the President, by authority of Congress has made a call upon a State for " organized bodies of soldiers," and they have been furnished
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APPENDIX B.
by the State from the body of her people, they have entered the service as part of the militia of the State "employed in the service of the Confederate States" under the 15th and 16th paragraphs of the 8th Section of the 1st Article of the Constitution.
Your message to Congress recommending its passage shows that there was no neces- sity for the act, to enable you to get troops, as you admit that the Executives of the State had enabled you to keep in the field adequate forces, and also that the spirit of resistance among the people was such that it needed to be regulated and not stimulated. You say :
"I am happy to assure you of the entire harmony of purpose and cordiality of feeling which have continued to exist between myself and the Executives of the several States, and it is to this cause that our success in keeping adequate forces in the field is to be attributed." Again you say :
" The vast preparations made by the enemy for combined assault at numerous points on our frontier and sea coast, have produced the result that might have been expected. They have animated the people with a spirit of resistance so general, so resolute and so self-sacrificing, that it requires rather to be regulated than to be stimulated "
If then the Executives of the States by their cordial co-operation had enabled you to keep in the field "adequate forces," and the spirit of resistance was as high as you state, there was no need of a Conscription Act to enable you to " raise armies."
. Since the invasion of the Confederacy by our present enemy, you have made frequent calls upon me as Governor of this State for "organized bodies " of troops. I have responded to every call and seut them as required, " organized " according to the laws of the State, and commanded by officers appointed by the State, and in most instances, fully armed, accoutred and equipped. These bodies were called forth to meet an emer- gency, and assist in repelling an invasion. The emergency is not yet passed, the inva- sion is not yet repelled, and they have not yet returned home. If your position be correct they constitute no part of the land or naval forces as they were not organized nor their officers appointed by the President, as is the case with the armies of the Con- federacy, but they were called forth as bodies "organized and their officers appointed by the States." Hence they are part of the militia of Georgia employed in the service of the Confederate States as provided by the two paragraphs of the Constitution above quoted, and by paragraph 16 of Section 9 of the Ist Article which terms them "militia in actual service in time of war or public danger." They entered the service with only the training common to the citizens of the State. They are now well trained troops. But having gone in as " bodies organized by the State," or as militia, you say they remain militia, and go home militia. In this case we seem to agree that the State, under the express reservation in the Constitution, has the right to appoint the officers. I have the written opinion of Mr. Benjamin, then Secretary of War, about the time of the last call for twelve regiments, concurring in this view, and recognizing this right of the State. And it is proper that I should remark that the State has, in each case, been permitted to exercise this right, when the troops entered the service in compliance with a requisition upon the State for "organized bodies of troops." The right does not stop here, however. The Constitution does not say the State shall appoint the officers while the organizations may be forming to enter the service of the Confederacy, but while they " may be employed in the service of the Confederate States." Many thou- sands are now so employed. Vacancies in the different offices are frequently occurring by death, resignation, etc. The laws of this State provide how these vacancies are to be filled and it is not to be done by promotion of the officer next in rank, except in a single
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APPENDIX B.
instance, but by election of the regiment, and commission by the Governor. The right of the State to appoint these officers seems to be admitted, and is, indeed, too clear to be questioned.
The Conscription Act, if it is to be construed according to its language, and the prac- tice which your Generals are establishing under it, denies to the State the exercise of this right, and prescribes a rule for selecting all officers in future, unknown to the laws of Georgia, and coufers upon the President the power to commission them. Can this usurpation (I think no milder term expresses it faithfully) be justified under the clause in the Constitution which gives Congress power to " raise armies ?" and is this part of the Act constitutional ? If not, you have failed to establish the constitutionality of the Conscription Act.
The 14th paragraph of the 9th Section of the 1st Article of the Constitution of the Confederate States declares that-
" A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed." This was no part of the original Constitution as reported by the Convention and adopted by the States. But " The Convention of a number of the States having at the time of their adopting the Constitution expressed a desire in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added, Congress at the session begun and held at the city of New York, on Wednesday the 4th of March, 1789, proposed to the Legislatures of the several States twelve amendments, ten of which only were adopted."
The second amendment was the one above quoted, which shows very clearly that the States were jealous of the control which Congress might claim over their militia, and required on this point a further " restrictive clause " than was contained in the original Constitution.
The 16th paragraph of the preceding Section expressly reserves to the States " the authority of training the militia according to the discipline prescribed by Congress." In connection with this, you admit that the States reserved the right to call forth their own militia to execute their own laws, suppress insurrections or repel invasions. This authority to call them forth would have been of no value without the authority to appoint officers to command them ; and the further authority to train them ; as they cannot with- out officers and training be the well regulated militia which the Constitution says is " neces- sary to the security of a free State."
The conclusion would seem naturally to follow, that the States did not intend by any general words used in the grant of power, to give Congress the right to take from them, as often as appointed, the officers selected by them to train and regulate their militia and prepare them for efficiency, when they may be called forth to support the very existence of the State.
The Conscription Act embraces so large a proportion of the militia officers of this State, as to disband the militia in the event they should be compelled to leave their commands. This would leave me without the power to reorganize them, as a vacancy can only be created in one of these offices by resignation of the incumbent, or by the voluntary performance of some act which amounts to an abandonment of his command, or by a sentence of a Court Martial dismissing him from office. The officer who is dragged from his command by Conscription, or compulsion, and placed in the ranks, is in neither category ; and his office is no more vacated than the office of a judge would be, if he were ordered into military service without his consent. And unless there be a -
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APPENDIX B.
vacancy I have no right to fill the place, either by ordering an election, or by a brevet appointment. I have no right in either case to commission a successor so long as there is a legal incumbent.
Viewing the Conscription Act in this particular as not only unconstitutional, but as striking a blow at the very existence of the State, by disbanding the portion of her militia left within her limits, when much the larger part of her " arms-bearing people " are absent in other States in the military service of the Confederacy, leaving their families and other helpless women and children, subject to massacre by negro insurrec- tion for want of an organized force to suppress it, I felt it an imperative duty which I owed the people of this State, to inform you in a former letter that I could not permit the disorganization to take place, nor the State officers to be compelled to leave their respective commands and enter the Confederate service as Conscripts .- Were it not a fact well known to the country that you now have in service tens of thousands of men without arms and with no immediate prospect of getting arms, who must remain for months consumers of our scanty supplies of provisions, without ability to render service, while their labor would be most valuable in their farms and workshops, there might be the semblance of a plea of necessity for forcing the State officers to leave their com- mands, with the homes of their people unprotected, and go into camps of instruction, under Confederate officers, often much more ignorant than themselves of military science or training. I must, therefore, adhere to my position and maintain the integ- rity of the State Government in its Executive, Legislative, Judicial and Military De- partments, as long as I can command sufficient force to prevent it from being disbanded, and its people reduced to a state of provincial dependence upon the Central power.
If I have used strong language in any part of this letter, I beg you to attribute it only to my zeal in the advocacy of principles and a cause which I consider no less than the cause of constitutional liberty, imperiled by the erroneous views and practice of those placed upon the watch-tower as its constant guardians.
In conclusion, I beg to assure you that I fully appreciate your expressions of personal kindness, and reciprocate them in my feelings towards you to the fullest extent.
I know the vast responsibilities resting upon you, and would never willingly add unnecessarily to their weight, or in any way embarrass you in the discharge of your im- portant duties .-- While I cannot agree with you in opinion upon the grave question under discussion, I beg you to command me at all times when I can do you a personal service, or when I can, without a violation of the constitutional obligations resting upon me, do any service to the great cause in which we are all so vitally interested.
Hoping that a kind Providence may give you wisdom so to conduct the affairs of our young Confederacy as may result in the early achievement of our Independence, and redound to the ultimate prosperity and happiness of our whole people.
I have the honor to be, very respectfully,
Your obedient servant, JOSEPH E. BROWN.
P. S .- Since the above letter was written I see, somewhat to my surprise, that you have thought proper to publish part of our unfinished correspondence.
In reply to my first letter you simply stated on the point in question that the consti- tutionality of the Act was derivable from that paragraph in the Constitution which gives Congress the power to raise and support armies. I replied to that letter with no portion of your argument but the simple statement of your position before me. You then, with the aid of your Cabinet, replied to my second letter, giving the argument by which you .
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APPENDIX R.
attempt to sustain your position, and without allowing time for your letter to reach me, and a reply to be sent, you publish my second letter and your reply, which is your first argument of the question. I find these two letters not only in the newspapers but also in pamphlet form, I presume by your order for general circulation.
While I cannot suppose that your sense of duty and propriety would permit you to publish part of an unfinished correspondence for the purpose of forestalling public opin- ion, I must conclude that your course is not the usual one in such cases. As the cor- respondeuce was an official one upon a grave constitutional question, I had supposed it would be given to the country through Congress and the Legislature of the State.
But as you have commenced the publication in this hasty and as I think informal manner, you will admit that I have no other alternative but to continue it. I must, therefore, request as an act of justice that all newspapers which have published part of the correspondence, insert this reply. J. E. B.
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APPENDIX C.
ORIGINAL COMMUNICATION OF MRS. MARY WILLIAMS, TO THE COLUM- BUS (GA.) TIMES, SUGGESTING THE DECORATION DAY CUSTOM.
COLUMBU'S, GA., March 12, 1866.
Messrs. Editors :- The ladies are now and have been for several days engaged in the sad but pleasant duty of ornamenting and improving that portion of the city cemetery sacred to the memory of our gallant Confederate dead, but we feel it is an unfinished work unless a day be set apart annually for its especial attention. We cannot raise monumental shafts and inscribe thereon their many deeds of heroism, but we can keep alive the memory of the debt we owe them, by dedicating at least one day in each year to embellishing their humble graves with flowers. Therefore we beg the assistance of the press and the ladies throughout the South to aid us in the effort to set apart a cer- tain day to be observed, from the Potomac to the Rio Grande, and be handed down through time as a religious custom of the South, to wreath the graves of our martyred dead with flowers; and we propose the 26th day of April as the day. Let every city, town and village join in the pleasant duty. Let all alike be remembered, from the heroes of Manassas to those who expired amid the death throes of our hallowed cause. We'll crown alike the honored resting places of the immortal Jackson in Virginia, Johnston at Shiloh, Cleburne in Tennessee, and the host of gallant privates who adorned our ranks. All did their duty, and to all we owe our gratitude. Let the soldiers' graves, for that day at least, be the Southern Mecca to whose shrine her sorrowing women like pilgrims, may annually bring their grateful hearts and floral offerings. And when we remember the thousands who were buried " with their martial cloaks around them," without christian ceremony of interment, we would invoke the aid of the most thrilling eloquence throughout the land to inaugurate this custom, by delivering on the appointed day this year, a eulogy on the uuburied dead of our glorious Southern army. They died for their country. Whether their country had or had not the right to demand the sacrifice is no longer a question for discussion. We leave that for nations to decide in the future. That it was demanded-that they fought nobly, and fell holy sacrifices upon their country's altar, and are entitled to their country's gratitude, none will deny.
The proud banner under which they rallied in defense of the holiest and noblest cause for which heroes fought, or trusting woman prayed, has been furled forever. The country for which they suffered and died, has now no name or place among the nations of the carth. Legislative enactments may not be made to do honor to their memories, but the veriest radical that ever traced his genealogy back to the deck of the May Flower, could not refuse us the simple privilege of paying honor to those who diei defending the life, honor and happiness of the Southern women.
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INDEX.
A
Abbeville, S. C., 324. .
Abbott, B. F., 650.
Abolitionists, 122, 134, 196, 243, 357.
Abraham, Capt., 328.
Abrahams, A. D., 574, 600.
Acworth, 244, 277, 306,
Adair, Geo. W., 260, 348, 593.
Adairsville, 183, 244.
Adams of Massachusetts, 327.
Adams, Ala., Cav. Brigade, 283.
- : Adams, A. P., 524, 542, 513, 516, 547, 574, 576, 585, 588, 503.
Adams, B. F., 600.
Adams, G. W., 383.
Adderhold, Capt., 194.
Address to Congress, Bullock, 408.
Address to People, 453, 367, 375, Gov. Jenkins. -- Address to the People, 226, 210, 121, 166, 1860, 1861.
Adjournment, Bullock's Legislature, 441. Adjuster, ship, 173, 176, 177.
Adjutant General, 1860, 131, 175, Office created, 243.
Adjutant Gen., C. S., 241, 294. Adkins, J., 375, 306, 410, 411.
Admission of Foster Blodgett, 428.
Advance and Retreat, Hood's, 403. Advertiser, Boston, 560.
African Slave Trade, 115. Age, Philadelphia, 4335.
Aggression and Resistance, 152.
Agricultural College, 303, 503, Dahlonega.
Agricultural Department, 504, 516, 550, 642-3.
Agricultural Resources of Ga., 642-3, 654. Agricultural State Society, 131, 4:6, 516, 596. Aid, State, 70, 361, 412, 444, 447, 459, 520, 540. Air Line Railroad, 632.
Akerman, A. T., 375, 376, 406, 426, 439, 440, 502, 505, 506.
Akin, T. W., 574. 580, 585.
Akin, Warren, 95, Nominated for Governor ; 128, 212, 219, 220, 262, 375, 383, 398, 415, 426, 501, 503. Alford, 43. Alred, L. J., 27. 89, 110, 319, 465, 467.
Alabama, 271, 72, 74, 103, 115, 122, 123, 147.
Alabama, 148, 157, 152, 171, 181, 182, 206, 252, 267, 272, 292, 306, 323, 361.
Alabama Spirit of the South, 148. Alabama st., Atlanta, 307.
Alabama, Adams, Cav. Brig., 283.
Alabama & Chat. R. R., 495.
Albany Circuit Created, 414.
Albany, Ga., 184.
Albany News and Advertiser, 616,
Albany, N. Y., 172, 462.
Albany, Patriot, 79.
Albion, N. Y., 462.
Alexander, Gen. E. P., 637.
Alexander, Felix R., 326.
Alexander, J., 183.
Alexander, J. D., 616, 623.
Alexander, Dr. James F., 364, 391.
Alexander, J. R., 406, 568.
Alexander, P. W., 612, 73, 74, 91, 95, 150, 290, 358, 373, 374, 383, 466, 467, 468, 493, 574, 579, 584, 587, 588, 609.
Alexander, T. W., 97.
Alexander, W. F., 329.
Allapaha Circuit Created, 444.
Allatoona Pass, 276.
Allegiance, Oath of, 340.
Allen, A. A., Judge, 76.
Allen, J. V. H., 574.
Alston, R. A., 373, 453, 532, 533, 589.
Altereations, Brown's, 201.
Amendment, Bingham, 434, 435.
Amendments, Constitutional, 139, 362, 385, 390, 402, 454.
American Empire Extension, 81-83; H. R., .Jackson.
American Atlanta, 93.
American newspaper, 391.
+ American Party, 40, 43, 93.
-
American State Convention, 89.
Americus Recorder, 622.
Amnesty, Proclamation, 304, 340, 341, 345, 340, 349.
Anesthesia, 652. Anders, H. C., 324.
Anderson, Clifford, 97, 262 ; legislature of 1859, 113, 453, 468, 518, 574, 577, 579, 381, 584, 585, 601. Anderson, Col. C. D., 284. Anderson, G. T., 215.
14
718
INDEX.
Anderson, E. C., 43 217, 317. Anderson, Col. E. C. Jr., 263.
Anderson, Geo. W., 72, 267, 313. Anderson, Jeff., 257. Anderson, J. HI., 621. Anderson, John W., 130. Anderson, L. F., 542. Anderson, Major, 196. Anderson, Robt. H., 183, 263. Anderson, Capt. R. S , 298.
Anderson, Capt. Whit, 291,
Anderson, W. I., 395, 411, 465, 496.
Anderson, W. J., 430, 43.
Anderson, W. M., 574.
Andersonville Prison, 269. Andrews, Bishop, 137. Andrews, Garnett, 26, 131, 406, 625.
Andrews, L. F. W., 119.
Andrews, Capt. M. H., 299.
Andrews, Spy, 243, 244, 245.
Anecdotes, 29, 36, 45, 52, 55, 71, 243.
Angier. N. L., 375, 376, 378, 400, 412, 413, 414, 417, 418, 422, 436, 448, 458, 459, 499, 508, 532, 549.
Annual Sessions Legislature, 70.
Anti-Secession, 320. Appeal, Memphis, 270.
Appendix B., 238. Appendix C., 242. Appling Co., on Brown, 89.
Apr intment of Brown, 509. Appomattox Court House, 323. Appropriation, 214, 216, 221.
Archer, M. K., 519.
Argus, Bainbridge, 79.
Arkansas, 115, 123, 162, 165, 267.
Arlington Advance, 622. Armistice, 324. Armory, State, 218. Arms, 235, 248, 281. Arms for State, 120, 217, 235. Armstrong, 78, 116.
Army Colportage, 200.
1 Army of Tennessee, 241. Army of Virginia, 323. Army Vote on Brown, 261. Arnold, C. W., 519. Arnold, Dr R. D., 321, 390. Arnold, Reuben, 551. Arnow, J. M., 496. Arp, Bill, 19, 623, 624.
Arrests, 327. 345, 346, 386. Arsenal, Augusta, 161, 162. Arthur T. S., 625. Artificial Limbs, 356.
Artillery, Chatham, 146, 230. Artillery, Washington, 164. Ashburn, G. W., 376, 386, 387, 388, 551. Ashton, J. D., 110, 111, 593.
Association, Ladies' Memorial, 361, 503, 501. Athens, 372, 503. Athens Banner, 79, 611, 612. Athens, Watchman, 79, 93, 619. Atkins, James, 468. Atkinson, A. S., 98, 108, 110, 111. Atkinson, E. S., 650. Atkinson, H. M., 435. Atkinson, R. H., 460. Atkinson, Col. W. H., 247.
Atlanta, 128, 129, 144, 152, 183, 184, 245, 260, 266, 269, 279, 300, 505, 201, 206, 281, 282, 283, 284, 285, 286, 287, 289, 291, 292, 303, 306, 307, 314, 326, 337, 347, 366, 386, 387, 398, 414, 412, 413, Proposition for Capitol; 414, 445, 452, 457, 461, 494, 504, 516, 517, 530, 532, 554, 562, 572, 590.
Atlanta Banks, 132. Atlanta City Bonds, 45.
Atlanta Commonwealth, 243. Atlanta Confederacy, 125, 271. Atlanta Gate City Guards, 194.
Atlanta Gazette, 242, 200.
Atlanta Intelligencer, 53, 79, 155, 209, 214, 217, 243, 270, 311, 395. Atlanta Mass Meeting, 1856, 43. Atlanta Post Office, 401. Atlanta Rolling Mill, 341. Atlanta & West Point R. R., 456, 633.
Atlantic Ocean, 306. Atlantic & Great Western Canal, 458.
Atlantic & Gulf R. R., 553. Attorney General C. S., 235. Attorney Generals, 97, 262, 424, 492, 510, 530, 538.
Auditor, Second, C. S., 267. Augusta, 209, 259, 292, 312, 325, 326, 337, 346, 372, 590, 644. Augusta Arsenal, 161, 162. Augusta Banks, 132, 168. Augusta Battalion, 162. Augusta Chronicle, 40, 66, 78, 220, 271, 272, 415, 422, 431, 453, 496, 516, 520, 590.
Augusta Circuit Created, 444.
Augusta Constitutionalist, 79, 110, 125, 164, 179, 228, 259, 453, 560. Augusta Democrat, 148. Augusta Despatch, 142. Augusta Light Infantry, 194. Augusta News, 521, 569, 614.
Aunt Celia, 310, 311. Austell, Alfred, 33, 206, 477, 482, 490. Avery, I. W., 215, Captain Dragoons; 246, Col. 4th Ga. Cav .; 275, Tanners Ferry Fight; 277, Wounded New Hope Church; 375, 374, 314, 366, 373, Dem. Convention; 497, 402, 421, Ed. Constitution : 425, Circular Letter; 501, 503, 531, 601, 614. 613. Awtry, A. F., 542. Awtry, Mrs. S. A., 184.
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