The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1863-11-18
The CnnSari?fiOa Law -stS & IN
xIifutieuaIlty Denied in Penn
osYtyAufn, ..

xIiiutieuaIlty Dcnied tn PENN
fosyivaUia. -ra -s.
The Supreme Court of the State of
Pennsylvania has dccided-threo mem
bers concurring and two dissenting
that the Conscription Act is uncon-
stitutional, and has issued injuncticns.
in three cases to prevent it from being
enforced. The Constitution delegates
Ito Congress power to "raise and sup
port armies" and"to provide for cali
ing forth the militia to execute the
laws of the Union, suppress insurrce-
tions and repel invasicns." )" 1t is ob-'
vious that the trainers of the Consti-
tutien contemplated, under the names
ef starmics" and militia" two distinct
species Of military organization, one
to be national and the other local; the
one to be raised under exclusively ma
tional authority, supported at the ma
tional expense, under the command of
national cficers, ard to be employed
in these services which nations, as
such, in general, require, the other to
he organized with reference to the
States, to be, in scmc sense, the crea-
tufe Of the State Governments, and to
be employed for specific purposcs-to
aid ''to execute the laws of the Union,
suppress insurrcctic1s ard shel inva-
sions." -...
In respect to the armies Of tie Uli-
ted States-hcw they are to bo raised,
supported and cmploycd-thcre are
no constitutional restraints upon the
powers of Congress, except such gem
erul divisions as are designed to protect
the liberty of the citizen. legisla-
tive discretion is permitted wide
range as to the means it may employ
to I'LL it's ranks and give it the desir a.
BILE efficiency. It'll probable that the
LAWS passed early in our national life,
and at the time when many Of the au-
thors of the Constitution were in Con
gress, we're designed to express the
spirit Of that provision-to give it its
true practical Interpretation; and that
the means, for two.thirds of a century,
employed by the National Legislature,
to raise and support the armies of the
United States, were such as we're in
accordance with the sense not only of
the Statesman who framed, but Of the
people who accepted the Constitution.
The militia of State is thing
W hich, in contemplation of law, is per-
retually existing. Of this militia,
in respect to the individuals Of which
it is composed, the National Cover
ment has no constitutional control
1t can legally only know the militia Of
g State as collective body Of State
production and proprietorship; ard in
whatever authority Congress assumes
in respect to such militia, it has no
right to obliterate or to ignore its or
eanic character. If the Government
Of a State neglects to provide for the
organization Of the State militia, the
question is between the National and
the State Governments; and the laehcs
of the latter gives to the former no
new or additional power over the un-
organized material. These are the
6ocaines deducible as we'll from the
law as frem the practice UP TO the be-
ginning of this war. In the war Of
1872 theNorthern States were exceed
ingly Jealous of assumptions of power
by thesG General Government over their
militias. They not only insistcdppon
the preservation Of the integrity Of
the local Organization, and the State
right of appointment to command, but,
in some instances, constituting strictly
the constitutional clause, the State
Governments refused to permit their
militias to be taken to other States
where invasion was apprehended.
Its customary, says the Enquirer,
to givethis war variety Of names, to
suit temporary, "a particular doctrinal
or party exigeuccs. tits sometimes a
war ito execute the laws Of the Union"
sometimes it is a war "to suppress in
surrection;" sometimes "to punish re-
bellion;' sometimes "to abolish sla-
very" and sometimes 'fo restore the
national integrity" If there is any
respectable light in which the war ap-
pears to judicious persons Of other
countries, it is as a war fer ends and
objects strictly national-to bring
back the old political unity. Now we
suppose that thinking people in gem
eral will agreeWith US when we say
that war fer a strictly national pur-