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The Daily Dispatch: November 18, 1862., [Electronic resource], The Conscript act in Georgia--special message of Governor Brown--an Adverse opinion to the Governor from the Supreme Court of Georgia. (search)
we are not without authority. Our Constitution is an exact transcript of the old on the points under consideration. The Court referred to the authority of Chief Justice Story, the ablest publicist of that time. It is true he is, continued the Court, Northern authority, but his vision had never been jaundiced by political aspiratition. It should also be remembered that he passed his life in one of the States which resisted the call of Congress, for the militia. The Court read from Judge Story's decision the points which had been commented on with great ability by the Court below. Our forefathers found that the militia were not a safe reliance — an army was required, and hence the grant based on their then recent experience of power "to raise and support armies." --Judge Story maintained that the power to declare war would be a brutum fulmen without the authority "to raise armies," and his observations were presented in support of the wisdom of relieving the Governors of the r