War of the Rebellion: Serial 127 Page 1120 CORRESPONDENCE, ETC.

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denied to Congress and reserved to themselves. But you may ask why hold the Executive responsible for the unconstitutional action of Congress? I would not, of course, insist on this any further than the action of Congress has been sanctioned by the Executive and acted upon by him. Feeling satisfied that the conscription act and such other acts of Congress as authorized the President to appoint or commission the officers of the militia of the State, when employed in the service of the Confederate States, "to repel invasion," are in palpable violation of the Constitution, I can consent to do no act which commits Georgia to willing acquiescence in their binding force upon her people. I cannot, therefore, consent to have anything to do with the enrollment of the constripts in this States; nor can I permit any commissioned officers of the militia to be enrolled who is necessary to enable the State to exercise her reserved right of training her militia, according to the discipline prescribed by Congress, at a time when to prevent troubles with her slaves a strict military police is absolutely necessary to the safety of her people. Nor can I permit any other officer, civil or military, who is necessary to the maintenance of the State government to be carried out of the State as a conscript. Should you at any time need additional troops from Georgia to fill up her just quota, in proposition to the number furnished by the other States, you have only to call on the Executive for the number required to be organized and officered as the Constitution directs, and you call will, as it ever has done, meet a prompt response from her noble and patriotic people, who, while they will watch with a jealous eye, even in the midst of revolution, every attempt to undermine their const, will never be content to be behind the foremost in the discharge of their whole duty.

I am, with great respect, your obedient servant,


[MAY 8-10, 1862. - For Moore to Davis, in relation to organizing an army west of the Mississippi, &c., see Series I, VOL. LIII, p. 806.]



Richmond, May 9, 1862.

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XVII. All officers and soldiers who are absent from their regiments, battalions, or companies without authority are hereby ordered to join them forthwith. The commanding general of the Department of Henrico is required to arrest such persons found in and about Richmond and send them back to their respective commands. Should this arrest be disregarded the names of the officers and men in default will be published in the papers as deserters.

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XX. With a view to carry into effect with the least practicable delay the requirements of General Orders, No. 8, current series, all native-born or adopted citizens of Maryland now serving in volunteer regiments will, at their option, be ordered by the commanding officers of their brigades or regiments to proceed and join the First Regiment Maryland Volunteers, now serving in the command of Major Gen. T. L. Jackson. Brigadier Gen. George H. Steuart will report in person to Major