The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1862-09-03


The 0rsaaizsteu sf Militia under the
sDraft--No Exemption from Draft in
Ohio. .--s
EDL. CoM.:-l. officers. Section 8
of article of the Constitution of the
United States provides as follows:
"The Congress shall have power
t0provide for calling forth the
militia to execute the laws of the I'm.
ion, suppress Instructions, and repel
inyasions; to provide for organizing,
arming, and discipling the militia,
and governing such part of them as
may be employed in the service of the
United States, reserving to the Stat es
respectively the appointment of the
officers, aud the authority Of training
the militia according TO the discipline
prescribed by Congress
The Constitution of Ohio, article 9,is
as follows:
SEC. l.. All white male citizens,
residents of this State,. being eighteen
years of age and under the age OF
forty five years, shall be enrolled in
the militia, and perform military duty
in such manner, not incompatible with
the Constitution and laws of the Uni
ted States, army as may be prescribed
by law.
"SEc. 2. Majors General, Brigs.
diers General Cononels, Lieutenant
Colonsls, Majors, Captains, aud subal-
terms shall be elected by the persons
subject to military duty in their re-
specsive districts"
''See. D. Ths Governor shall ap-
point the Adjutant General, Quarter
master General, and such other staff
officers as may BE- provided for by
lAw. Majors General, Brigadisrs Gen.
Colonels or commaudan.s of regiments
bstallions or squadrons, shsll sever
ally appoint the non-oonmissionsd OH.
GERS and musicians"
Under these provisions there seems
to be but one mode Of organizing the
militia under the draft. AS soon as
the men are drafted and inspected,
those thus ascsrtained to be "persons
subject to military duty in tn re-
spective districts" must be organized
nto compan les, electing their Captains,
and then by companies into regiments,
bstallions or squsdrons, electlng their
field officers.
The Governor has no power TO sp.
point the field officers of the militia.
1t would bs wise for the author
ties at Columbus to consider how far
these constitutional provisions will pras-
tieally interfere with the drafting OF
men to fill up the old regiments. 1t
is most desirable to fill these regimenta.
In no wsy can men be so soon prepar-
ed for active service; and if the draft
ing must be By new regiments-as
the drafted have right to elect their
ofiicers-let the people know, and they
will make bounty system do the work,
if it takes the last dollar.
2. Exemptions. There is no law
providing for exemption in Ohio
The law Of Congress sxempts Federal
officers, Governors, and few others
employed in the Federal service, and
call persons exempt by State laws. -
NHt ShVA y lS uV MN VI CllU eAcAtpb~
ing single man from draft. The
Lieut.. Governor, Members of the
Legislature, Judges aud Clerks of
Courts, Sheriifs and other City officers
Ministers of the Gospel, and Physicians
are all subject to draft.
We once had law exempting FIRE.
men. 1t was repealed March Goth,
1859, {56 Ohio Laws, 92).
Exactly what will be the legal status
of Member Of the State Government
or Legislature, Judge, Clerk, or Coun.
ty or City Official drafted, and unable
to procure substitute, the writer
does not pretend to guess. Whether
the Office necessarily sxempts, or the
draft is resignation of the Office, or
leave of absence for nine months, it is
high time Governor Tod and lIr. At
tsIney General Murry are considering.