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To: varina davis
Or as Pres. Davis said: "The principle for which we contend is bound to reassert itself, though it may be at another time and in another form."

Davis also contended that the central government had the right to coerce the states.

"Conscription dramatized a fundamental paradox in the Confederate war effort: the need for Hamiltonian means to achieve Jeffersonian ends. Pure Jeffersonians could not accept this. The most outspoken of them, Joseph Brown of Georgia, denounced the draft as a "dangerous usurpation by Congress of the reserved rights of the states...at war with all the principles for which Georgia entered into the revolution." In reply Jefferson Davis donned the mantle of Hamilton. The Confederate Constitution, he pointed out to Brown, gave Congress the power "to raise and support armies" and to "provide for the common defense." It also contained another clause (likewise copied from the U.S. Constitution) empowering Congress to make all laws "necessary and proper for carrying into execution the foregoing powers." Brown had denied the constitutionality of conscription because the Constitution did not specifically authorize it. This was good Jeffersonian doctrine, sanctified by generations of southern strict constructionists. But in Hamiltonian language, Davis insisted that the "necessary and proper" clause legitimized conscription. No one could doubt the necessity "when our very existance is threatened by armies vastly superior in numbers." Therefore "the true and only test is to enquire whether the law is intended and calculated to carry out the object...if the answer be in the affirmative, the law is constitutional."

--Battle Cry of Freedom, James McPherson P.433

Walt

76 posted on 04/25/2002 1:45:56 PM PDT by WhiskeyPapa
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To: WhiskeyPapa
Hello Whiskey Papa, so where's the argument? The Confederacy became a separate and sovereign nation, following the dictates of the Constitution for which Southern ancestors fought to bring into existence. BTW, I prefer Caton.
91 posted on 04/25/2002 2:01:44 PM PDT by varina davis
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