Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-11-14

coupcript law, therefore, not sanctioned By &
Constitution, 10 mt adapted to the exlgencie
i of the times, pOr likely to have success as q
i war measure. sstt .s t.f.f I'd. .a..
i In its political bearing, even more than 10 III
military aspects, Il 10 gubversive of the Conatl-
tuition and Of the rights of citizens that de-
pend upon State authority. A few thoughts
will make this plain, II Is impossible to study
our State and federal Constitutions without see
ling how manifestly the one was designed to
guard and maintain the personal and social
rights Of the citizen--lhe other to take care Of
hls external relations. n ygs ...-rv5 M.
Nurture, education, property, home, wife,
and children servants, administration of goods
and chattleB after death, and q graveyard in
which to sleep the sleep OF death, these are
among the objects of State sclcitude, for the
protection OF which the State provides civil au-
thorities and back Of them the posse ccniiatus
and the military TO make the civil administra-
tion effectual. Now, II the principle be admit
ted that Congress may take away the State
militia, who does not see that the ultimate aud
final security of every mans domestic and per
sonal rights is endangered. To the extent del
egated in the Constitution nobody questions the
right Of Congress to control the State militia,
but II to the extent to which this enactment
goes, the States will be reduced to the condi-
tion of mere counties Of great common wealth,
and the citizen of the State must look 10 the
Federal Government for the enforcement of all
his domestic rights as we'll as for the regulation
of his external relations.
| The citizens Of the States need protection
from foreign foes aud Indian tribea-peacefui
intercourse and commerce with all the world
standard Of values and of weights and mea-
sures that shall be common to all the States,
and postal system that shall be co-extensive
with interstate trade and commerce. To ad-
ust and maintain these external relations Of
the citizen, are high duties which the Conslitul
tion has committed to the Federal Government,
and has furnished it with all necessary civil
functlonaries, and with power to levy and COL
lect taxes from the people of the States, to
raise and support armies, to provide navy,
and to call forth the militia TO eIecn,e the
laws. ''
Thus Ia the American citizen amply provided
by means Of Constitutions that are written with
protection for oil his rights natural and aftifi.
clal, domestic and foreign, but, az the war pow
er of the General Government is hiH ultimate
eecurity for his external, 40 10 the militia his
ultimate security for his internal or domestic
rights.
| Could the State Government strike at the
war power of the Federal Government without
endangering every mans rights2 In view Of
the existing rebellion, no man would hest ate
how to answer this question, and yet 10 IL not
equally apparent that when the Federal Gov
eminent usurps power over the State militia
which was never delegated, every man'e do
mestio rlghts land they are those which touch
him most closely are equally endangered.
:. The great vice Of the ConscrIpt law is, that
it is founded on an assumption that Congress
may take away, not the State rights of the cit.
, izen, but the security and foundation of his
State rights. And hoy long Ia civil Liberty ex
peoted 10 last. after thesecurities Of civil liberty
a are destroyed2 The Constitution of the Uni
tied States committed the liberties of the citlzs
], In part 10 the Fe1eral Government, but expre,sl
9 reserved to the States, and the people Of th
{ States all II did not delegate. IL gave TIL
] General Government standing army, but lef
to the States their militia. Its purposes In al
u. this balancing OF powers were wise and good
but this legislation dlsregards these distinctions
and upturns the whole system Of governmep
, when Ii converts the State militia into "natIon
! al forces" and claims to use aud govern then
as such. 'i t'-g !
Times of rebellion above all others, are tn
times when we should stick to our fundamenta
law, lest we drift into anarchy on cne hand, d
into despotlsm on the other, The great sin q
. che present rebellion consists in violating th
, Constitution whereby every mans civil right
: arc exposed to sacrifice. Unless the govern
' ment be kept on the foundation Of the Consti
!, tuition, we Initiate tho ain Of the rebels, anl
thereby encourage them, whilst we weaken ami
dishearten the friends of constitutional orde
? ? and government. The PLAINTIFF in these bill
have good right, think, as citizens OF Penn
sylsnia, to complain Of the act In question, no
only on the grounds l have indicated, but OF
another to which will briefly allude. !
The 12h section provides that the draftes
person shall receive ten day y'snotlce of the rem
devious at which he is to report for duty, an,
the 18Th section enacts: "that If be falls to re-
! port himself In pursuance of such notice with
out furnishing q substitute or paying the re.
, qured sum therefor, he shall be deemed de.
serler, and shall be arrested by the proyos
marshal, and sent TO tho nearest military pos
for trial by court martial" The only ouaiIa.
cation TO which this provision is subject, is tina
upon proper showing that he is not able to d
military duty, theboard Of enrolment may q
lieve him from the draft. 't-4.' 7 i'l
II One OF the complainants, kneedler, has &c
forth the notice that Was served on him II
pursuance Of this section, and by which he VA
informed that unless he appeared on certsil
day, he would be "deemed a ,deserter, and n
subject to the penalty prescribed thorefor, b,
the rules and articles Of war; believe IN
penalty of desertion by the military code 4
any oorporeal punishment court-martial ma,
choose to indot, even to that of being put L
death. ,.. -t .,-.. rti
II Can citizen be made deserter before b
has become soldisl2 Has Congress tho oon
stituiional power to authorize provost marshsls
after drawing the name Of freeman from
wheel and serving him with ten days notice
TO seize and drag him before couri martial fo
trial under military law This question touche
the foupdationsof psrsopal liberty, s7sI, .'i
4 In June, 1915, the Barons Of England an,
their resainers, SO numerous host encamped ub
on the grassy plain Of Runneymede, !" wruuj
from King John that great Charter which de
clared, among other securities of the rights AM
; liberties Of Englishmen, that no freeman shal
be arrested. or impisoned, OF deprived Of hi
sffeehold, or his liberties, or free customs, or b
outihwed or exiled, or ID any manner harmed
: nor will We (the King) proceed against him, no
send any ono against him By force OF arms IN
3 less according TO the sentence of his pesr
(which includes trial by jury or the conimo
: law of England" Here was laid the strop
alfoundssion Of the liberties Of thc race to Whic
Q I've belong. And yet not here, for Matn
!, Charta created no rights but only fe-assefts
. those which exlsted long before at comnic
J. ilaW!s Twas for the nioat Dnrtl anva v.ord Cnt