The daily Evansville journal. (Evansville, Ind.) 1862-1863, 1863-08-04

make known by proper return the au
thority under which he detains him. iti.
atthe same time imperatirely has duty to
/ obey theprOeeSs of the United States, ID
hold the p1'isoner an custJdy ander 1T
and to REFUSE OBEDIENCE TO THE MAN.
DATE OR PROCESS OF ANY OTHER GOVERN.
MENT And consequently at is has duty
not to take the prisoner, nor suffer him
to be taken before a State Judge or
Court upon q habeas corpus issued un-
+ der State authority No State Judge or
Court, after they are judicially informed
that the party is imprisoned under the
authority of the United Stltes, has any
right to interfere with him, or to REQUIRE
him to be brought before them. And if
the authority of State, in the form of
Judicial process or otherwise, should at
tempt to control the Marshal or other
aHFatRe9gEiFad F R8qeg eE tTfe Afe 'tfs2ddy of
his prisoner, ii would be has duty to re-
sist 1t, and to call TO has aid any force
that might be meceSsaryto maintain the
authority cflaao against illegal interte1-
ence. No judicial process, whatever form
it may assume, can have any lawful au-
thority outside Of the limits of the iuris-
diction of the Court or Judge by which
it is issued and an attempt to enforce it
beyond these boundaries is nothing less
than LAwLEss vIoLENCE.-2l HoacardS G.
r.. 1884 r.
Now, that was the law which the Su-
preme Court of the United States an
nounced in order to carry into effect the
most Infamous statute ever passed in
this or any other country-the Fugitive
Slave act of 1850. Democratic papers
and politicians exulted over it then,
when it was meant to consign to prison
citizen whose only crime was that he
refused to be an accomplice to slave
holding under the law They may not
welcome it now, when it serves to ell
force a law vital to the safety Of the Re-
public, but they must accept and obey it.
CONSTITUTIoNALITY OF THE DRAFT.
We will next consider the constitu-
tionallty of the conscription. The cry
of the unconstitutionality of the draft is
so persistently made by the Copperheads
and rebel sympathizers that not unfre-
quently loyal men are found almost
ready to bend before the clamor, and
half believe there is really something in
the objection. Fortunately, on this ques-
tion, there is no nice legal point that
may require the acumen of the Judiciary
to determine, as in the legal tender
question. The power is so oplainly there,
that none but captious man or rebel
sympathizer would ever think of making
such an absurd objection.
Section Of Article 1st Of the Consti-
tuition is divided into seventeen sub
fisis U6agregg snait nave bower to raise
and support armies" The 18th subdi-
vision gives power to provide and
maintain navy.
The 18th subdivision gives Congress
power "to make ali laws which shall be
necessary and proper for carrying into
execution the foregoing powers.
No power is given here TO the Presi-
dent to raise armies. but !: is given to
Congress. Congress has passed the laws
/ that they deem necessary, according
/ to subdivision 18th. Not one word can
| be found in the Constitution fixing the
number of the men in either the army or
the navy, nor the time of service. That
/ is left to. the representatives of the peo-
pie, when assembled in Congress. 1t is
asserted that this power to raise armies
refers only to what is known as the
standing army" This is mere as
sumption The term standing army
nowhere appears in the Constitution.
The standing army" is but the creature
of Congress, created under the above
/ powers.
The same Congress may make the laws
which will create a standing army, a
volunteer army, and drafted army
The words "to raise and support armies
are the most sweeping that could by any
POSSIBILITY have been chosen, and stand
unqualified in their bold and naked pow,
er. Congress only can give direction tc
this power, by making the laws which
shall be necessary and proper for carry
ing into execution such power.
The 18th subdivision of the same sec
ton says that Congress shall have power
"to provide for calling forth the militia
to execute the laws of the Union, sup
press insurrection, and repel invasions.
, There is an additional power, but it il
no manner abridges the other powe
above referred to- But this section doe
, not say the militia of the States. Th
,a1rJ.,-- .Lo ;.dan- - Stn+o" ie ~, i,nte,.nr
: that the militia would be organized un
, der United States laws, and would Q
. the militia of the United States.
;. This is evident from the next the lot
: subdivision, which says that Congres
:. shall Provide for organizing, armln
. ana disciplining the militia. CongreI
- never has done this, but left the militi
=. organizations wholly to the States. Thel
+ would be much more sense in claimlr
re that the General Government could n
~ call on the " State militia. That ha
w ~ ing neglected to "provide for organi
er ing. arming and disciplining the militia
Of there is no organized militia for them
IS call on. The whole drift of these pl
cb visions is to put the armed power OF
nd land militia included, into the hands
re- the General Government.
ed After the adoption of the CONSTITUTE
sut bv our fathers, they saw that these p
ate visions put all military power into
hat hands of the General Government, q
or. Immediately they amended the Constl
,ro- m tion so as to enlarge the powers of
hat States, and among the amendments t
md adopted article I'd, as follows: a
md regulated militia being necessary to
,,, ms security of free State, the right OF
1 I.oo,, opd hear arms shall