Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1863-11-25


the standing army and navy--into which
citizens are introduced by military educa-
ton, from boyhood or by enlistments, and
become, by their own consent, subject to
the military code and liable to be tried and
punished without any Of the forms or safe
guards Of the common law. 10 like man
ner tho militia, when duly called out and
placed in actual service" are subject to
the rules and articles Of war, all their oom-
mon law rights OF personal freedom being
for the time suspended. But when are
militia men in Gctual service Whep they
have been notified Of draft? Judge Sto-
ry, in speaking Of the authority oi Con
gress over the militia, says:
The question when the authority Of
! Congress over tho militia becomes eXcIu-
siye, must essentially depend upon the
| fact when they are to be deemed IN the
actual service Of the United States, There
/ is a clear distraction between calling forth
| the militia and their being in actual SER
vice. These are not contemporaneou5a acts
nor necessarily identical in their constitu-
tional leaunEs. The President is not
commauder-n-rhie Of the militia, except
when in actual service; and not merely
when ordered into service. They are
subjected to martha! hl0 oHiy i0hep in actual
Scrpice, aJ,d not merely phca called forth, before
Hcy hare obeyci tie call. The acts Of 1875
aud other acts on the subject maniiestly
contemplate and recognize this distinc-
ton. 10 bring The mihHa glth,p Ms meaning
Of bciRg IN the actpal sereicC there must be an
oJcdicncc 10 tie call, and some acts Of organioa-
ton mastering, rendezvous, or marching done IN
obedience to the call m tie puJli; sSrgics - Sto-
rvs Con. Law, Vol. 3, Sec 1908.
Fit be suggested that this plain rule OF
common sense and constitutional iaw is
not violated by the conscription act be
cause il applies 20 the national forces,
! reply as before, that this is only new
name for the militia, and that the constl-
rational rights Of a cilizon are not TO be
pacrifccd 10 on unconstitutional name
Whom Judge Story was endeagorinR to
mark with 50 much dislinCtuess the time
al which the common law ri.hts of the
citiz,n ceased and liability 10 military rule
began the time in q word. when he be
came a soldier why did it not occnr TO
his fertile mind that Congress could rem
der this distinction valueiess and unmcan-
ing by. new nomenCatGre-b calling
the militia national forces ?' Il is not
difficult 10 conceive how such a sugges
tlon would have farpd had it occurred or
been made 10 him. But it is difficult, in
the presence of the grave issues Of the
present day, to treat so frivolous a sugges-
b ton with the dignity and torbearanCo the
OCCASION demands ! have shown what
rights of personal liberty these plaintiffs
Inherited from n remote ancestry, and
how they are guaranteed 10 them hy Our
% constitutions and at what time they are
TO give place TO N trtial law, and surely il
wheel set in motion 10y Congress can
crush and grind those rights ont OF exist
cnCe, without regard to the limitations oi
= the Constitution, some weiChtier reason
should be found for it than the mlsnomer
which the act so studiously applies 10 the
81 miilia-somo reason that deserves TO
stand instead of Magma Chartn, our Con-
stilu tion and all our traditional freedom.
The only one that have ever heard
suggested, and which is applicable against
all the views advanced in this opinion, is
% called military necessity. The country Is
involved in great civil "ar which can bc
brought 10 a close 10y an energetic use O
all our resources, and no restraint should
be tolerated, in such circumstances, save
only those which christian civilization has
imposed on all warfare. Whatever Is ac
cordiug to the Constitution, the argument
claims, may be done Of fcOurse-wha'evel
s is over and beyond the Constitution isIus
q titled as military Necessity, aad OF that the
President and Congress are exclusive anu
iiual judges,
The amount Of the argument is that The
.exigoncies Of the times Justify the substl
tuuCn OF martial law for the Constitution
But what is martial law Blackstone auC
1 Sir Matthew Hale tel! us 1t is bUiit upor
= no settled principles, but is entirely arbi
p trary in its decisions, il IN truth and real
ity no law, but something INDUCED rathe
! than allowed as law" The uureStralned
1 will of one or number of men, then, u
q the rule which the argument substitutes
S for the Constitution. II is OF no cpnse
1 uueDce that ii the will thus set up tor 81
r irene law is that Of men whom majority
. OF The people have chosen, because aooor
F, dilg to our system the majority can only
5 choose men to administer 10 The Con,tItu
o lion as i, is written. MUoritias, IS po~e
] recognised by las, have n more rignt Il
t establish q despoDism than @ mlhorit!
+ would nayo. But may myouUcs Vr nj
.
! prpssgIe of rebellion and insuucctiou?
D. As the Constitution anticipates and pro
= vides for such ca!amllies, IL Is a reproa5t
e To It's wisdom, TO say that it il Inadequate
< to such emergencies No man has sn!
] historical right to cast this reproach upot
i il. No current experience proves II. !
e never can be proved except by au unsuc
J. cessful use of the Legitimate powers OF lh'
p Constitution against rebellion, aud thet
4 the thing proved will be that ia. ia-tru
II ment needs amendment, which It's ma
j chInery Is flexible enough to allow. tvri
'- sush melancholy denonstralIOn voIi,
$ do no more than pulnt out necesssnr
i ameadments-it would tot surrender tn
d people to the arbitrary will of Anybody
u Presidents or Congressman are only sei
u wants OF the people, 20 DO Their VII, n2l %
that will may be OK pressed Under p','i''
y or excitement, butas Is Stands rec''ue'
j. in the Constitution. IL is tue C"ns Itu
a ton indeed y hich makes them President
e ami Conpre,snen. They have no NOR