Centre Democrat. [volume] (Bellefonte, Pa.) 1848-1989, 1861-10-17
Drafting.


this and other states, still continue to discuss
the prospect of a draft to fill ub the requisi-
tion for troops made by the last Proclamation
nails co not fully understand this subject,
while others have not taken the trouble to
inform themselves as the legal forms and
regulations of draft. Now, as to drafting,
strange as it may seem. we feel confident in
the matter, that there is no power in the
laws of the United States, or of any state of
the Union, which enables the authorities to
draft. or to force any man to bear arms
against his will beyond the limits of his own
state. Much as this is, perhaps, to be regret-
ted, we may as well state the truth as we
understand it. Laws have been enacted de-
manding the enrolment of the MALTA, deter
mining that all white male citizens between
the ages of eighteen and forty-fve years shall
bear arms in defense of this state, but these
are merely state ordinances, and can force
no man into the army to do duty beyond the
limits Of the immediate sovereignty in which
he resides.
In regard 10 this power to draft, we repeat
that there is not now within the law books of
the United States, or of the State of Pennsyl-
vania single provision by which men can
be forced to bear arms. The President may
for the term of three months, call for any
number of troops he may arrange the quota
of his demand on the states according to
population and militia resources but there
is Interference with the sovereignty of the
states is at an end, so far as the demands of
the army are concerned. In complying with
this requistion, the Governor of our state
may call for volunteers for active service, in
such sections as the President may think it
proper to demand it. Any further province
on the part of the Governor is controlled by
the constitution of the state, which only e1a-
bles the Executive to enroll the militia of one
of thete purDoses-to suppress an Insured
tion, or to repel an invasion or threaten in
vasion, of the state. In the latter named
proposition only can the militia be Carried
beyond the limits of the state, and then only
to repel or crush out any force which may
endanger the safety of the Commonwealth.
Drafting a polisy which is nearly akin to
the conscription act of England and France,
has been resorted to on but two occasions in
this country, an1 then only il accordance
with the above rule and by especial acts of
the Legislature of the respective states. In
the Revolution the President made requisi-
ton upon the states of Massachusetts and
Connecticut for six thousand troops and they
were supplied without recourse to any
method than to order the enrolled militia in
to service. In the war of 1912, a demand
was made upon the authorities of this state,
and the refusal of one of the militia ordered
fourth by the Governor brought the case be-
fore tho courts for final decision, ard then
it was shown that the only manner in which
the militia could be reached was by an act
of legislation of that state to which they be-
longed.
So far as drafting is concerned, we opine
that each state will, as matter of justice,
be expected to make up its quota before the
conscription would be levied. Many of the
states have not filled their quotas by several
thousand, and SO that if drafting is resor-
ted to, it would of course commence in the
states thus deficient and not in those like
Pennsylvania, which have more than filled
their quotas. And even then, the fact that
drafted recruits could not be re- aimed in the
service more than three months, would be of
no avail ia a requisition calling for men to
serve for three years. The limit of three
months is the extent of time for draft
This is the legal exposition of the drafting
system-but we are convinced that the spirit
of devotion which prevails in the Old Key
stone state would scorn the system of draft
ing, and ifit were necessary, fill up the army
wherever there was deficiency. if it requir-
ed every fighting man in the commonwealth.
And when these fail, we have old men with
nerve sufficient to repel an enemy CT resist a
traitor, while there are thousands Of brave
woman in the state who could fight rebel
and pull trigger that would remind him of
his loyalty or bring him to his grave
H1rrisburu TeleqrGph.