M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1863-12-03

| lhprity to be final. Partially in such
riatters seldom proceeds from auy
IdPhonest purpose, and generally Y arises
iipm giving andde prominence to some
ipplpose Or idea that IS. in itself, quite
lpfoper, md, Of course, thiS is usually
dUne unite uncOnscionsly. In times
y excitement it IA quite impossible to
1yoid this, and hence IN such times
lodtFato views are very sure 10 be
rohdemned, and even Government
lilself, ir all it's Departments, is sure
10 be driven into meashfes which, in
lihs course Of few years sie con.
deInned and pass away. With a sort
lof moral popularity, tho extremes oi
social excitement breed each other,
lard moderation ialls, for u while,
lpbwsrless between them; and usually
itis only by severe trials that this
e1ndition Of society is remembered,
and then il is discovered what were
the purposes and ideas to which undue
prominehce had been given, to the
disturbaree OF the order aud harmony
ef the States.
On thiS question we ought 10 be
iablo 10 avoid this vice, which is 30
common in all moral anj political
reasonfhg; for our appeal 10 to the
Constitution, II written standard, ado.
! pted by US all, sworn TO By many OF
Us, and obligatory on all who exercise
tho riglits Of citizenship under it, un.
Ill they can sesure it's alteration in o
regular and peaceable way. By that
standard alone can We try this act.
lsit authorized by the Federal Con.
stitutiOn :
That Constitution, adopting our
historical experience, recognizes two
sorts Of military land forces -. the
militia and the army sometimes called
The regular, and sometimes the stand.
ing army--and delegated to Congress
power Ito raise aud support armies
and ito provide for calling forth the
militia to execute Lhe laws Of the
Unitn, and suppress instructions and
irepel invasions.' But though this
Iset Of Congress is intended to provide
means for Suppressing the rebellion,
yet it is apparent that it is not found.
cd Oh The power Of calling forth the
militia" for those who gre drafted
under it havo not been armed, organ.
izej and disciplined under the militia
law, and are not called forth as militia
under State officers as tho Constitution
requires-Art. /, s, l6.
1t is, therefore, only upon the power
to raise armies that this act can be
founded, and as this power is undis.
put.d, the question is made to turn on
the ancillary power TO pass "aIl laws
which shall bc necessary and proper
for that purpose.
Art. /, 5, IS. II is therefore a
question oi the mode Of exercising
the power Of raising armies. Is it
admissible 10 call forced recruiting
a "necessary aud proper mode Of
exercising this power
The TACT OF rebellion would not
seem tu make it so, because the in.
adequacy or irsuthciency OF tile per.
manent and active forces Of the Gov.
ernraent Tor such case is expressly
provided Tor sy the power to call forth
the usually dormant force, tho militia
and that. therefore, is the only remedy
allowed, at lease until il has beel
iully tried and failed, according to the
maxims, fgpressiO aniaS erciusiC
aLteriUs, and e1pTsSSnna fIcti cessare
tacitun!. No other mode can bt
necessary aud proper as lJng us a
provided mode remains nniried and
the iOrce vi these maxims Is increased
by the express provision Of Tie Con
stitutiun, that pywcrs not granted are
reserved and none shall be implied
from the enurmelaiion Of those which
are r,s.ry6d. Amendments 0, 10.
A granted remedy iur gwen Cause
would therefore seem tu exclude ali
nngranied ones. Or, to say the least,
tbs militia not having been called
forth, it dueS MT aud cannct appear
That another mode is Necessary fur
suppresSing the rebellion.
Aud it svrnis very obvious that q
departure iruln the constitutional
nude cannot be considered necessary
becausa Of any defect IN the organis.
atiun Of the militia, Tor Congress has
always had authority to correct this,
and 1t cannot possibly found new
powers in its OWL neglee: OF duty.
Most OF the Presidents have repeat.
ediy cal I'd the attention Of Congress
to lhis subject, and yet it has never
been adequately attended TO. I d.
not know why it might not have been
performed since this rebellion com
meneed, aud yet do not know that
it coufd.
!Though, therefore, this act was
passed t. provide means for snppross.
Ing tho rebellion, yet the authority to
pass it doos not depend on the tac, Of