Columbia Democrat and Bloomsburg general advertiser. [volume] (Bloomsburg, Pa.) 1850-1866, 1863-11-21

| - NpViUOlj duu W SUluO EGSLTICllOu Ill
favor OF State rights, as they have done in
other cases of compulsory contributions to
Federal necessities We are forbidden by
the Constitution from inferring the grant
oil this power from its not being ennumer-
atcd as reserved and the rule that what
Is not granted is reserved operates in the
same way, and is equivalents to the largest
bill of rights.
No doubt it would be unreasonable to
suppose that Congress ,CotM so disregard
natural rights as to take such an advan.
tage OF this want Of regulation of their
power, as that above indicated but the
fathers of the Constitution did presume
that some such things are possible, and,
therefore, they would have regulated the
mode, if such a mode has been intended.
1t needed no regulation, if all recruits we're
to be obtained in the ordinary way, by vol
untary enlistments.
Our jealousy of the usurpations Of dom.
inent parties is quite natural, and has been
inherited through many generations of ex-
perlence Of cavalier and roundhead, court
and country, whig and tory, parties, each
using unconstitutional means Of enforcing
the measures which they deemed essential
or important for the public welfare, or of
securing their own power and the iath
ers OF the Constitution had experienced
such usurpations from the very beginning
of the reign ofGeorge III, and were not
at all inclined to grant power which, for
} want of regulation, might possibly become
merely arbitrary. They had had no ex-
perience OF forced levies for the regular
army, except by the States themselves, ,and
it seems to me they did not intend to
grant such power to the General Gov.
, ernment.
, Besides this, the Constitution does au.
thorize forced leves of the militia force OF
the State in its organized form, in case of
rebellion and invasion, and, on the prin-
ciple that a remedy expressly provided for
, a given case excludes all implied ones, it
, is fair to infe that it does not authorize
forced levies in any other case or mole.
, The mode Of increasing the military force
or the suppression of rebellion being given
| IN the Constitution, every other mode
would seem to be excluded.
? But even if it be admitted that the reg
. lar army may be recruited by forced lev.
} les, it does not seem to me that the consti-
e tutionality of this act is decided. The
Y question would then take the narrower
! form. Is this mode of coercion consti.
e tutionali
1t seems to me that it is so essentially
b incompatible with the provisions of tn
. Constitution relative to the militia that i
S cannot be. On this subject, as on all 9th
5 ers, all powers not delegated are reserved
This power is not expressly delegated AN,
e cannot be. impiodly so, if incompatible
n with any reserved or granted powers
: This is not only the express rule of tn
: Constitution, but it is necessarily so 10
n we can know the extent to which Stat
J functions were abated by the Fedora
: Constitution only by the express or neces
r sariy implied terms of the law or compac
. in which the abatement is provided for
And this is the rule in regard to the com
= mon law it is changed by statute only s
/ far as the expression of the statute re
u quires it to be.
J. Now, the militia was q State institution
: before the adoption of the Federal Consti
y tuition, and it must continue so, except s.
If far as that Constitution changes it, tha
t. is, By subjecting it, under State oficers,t
% organization and training according to on
n uniform Federal law, and to be calle
W forth to suppress insurrection and repel in
d vasion, when the aid OF the Federal Gov
l erument is nee led, and it needs this force
For this purpose it is Federal force; 70
d all others it is State force, and it is call
e. ed in the Constitution "the militia OF th
es several States" 2,2, |. 1t is, therefore
at the standing force of the States, as we'll a;
Ia in certain specified respects, the standin
Or force OF the Union. And the right OF th
States 10 have it is not only not granite
S. away, but is expressly reserved, and it
IN whole history shows its purpose 10 bo t
Or secure domestic tranquility, suppress il
at surrections and repel invasons. Neithe
n the States nor the Union has any othe
IN militia than this.
to Now, it seems TO me plain that the Fed
eral Government has no express and ca
10 have no implied power to institute any nj
le tional force that is inconsistent with this
G. This force shall continue, says the Const
n, tuition, and tie Federal Government sha
ke make laws TO organize and train it, as
te THINKS Dest, anu snail nave tile USE ol
u when needed this seems reasonable an
b. sufficient is the force provided for by tn
ly act inconsistent with it
ng 1t seems to me it is. BY it all men b
o. tween the ages of twenty and forty five q
Is. "declared TO constitute the national 10
u ces," and made liable to military dut
IS, and this is SO nearly tko class which
n usually understood to constitute the mil
", tia force OF the States that we may 81
n that this act covers the whole ground
'ut the militia and exhausts il entirely. 1t
re- in fact, in all its features, militia, for n
ow tional, instead Of State purposes, thoul
claiming justification only under the pow
no to raise armies, and accidentally under Il
to tact OF the rebellion. In England this CT
re- can be done, because, the State being
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