, 1863-07-29

wc will next consI,1ar the cunstitutiona1ify
Of tho con. inscription. Tho err Vi the uncon+
etitutt0nallty IF tho dfun Ii 80 pcrststently
inule by tho Currerhcads md Relni syin},a.
tbtztr, Tint nut unfreql'entty ioyal inch, anl
taw'ntf1inX lmcn, nre fund almost rcnly to
Gend nefoto tl,s cla!pof a,'a lf teesg tsto
Dn!ct5 nn llts 1uestlon, theto Il no ttcu lrgnt
point TINT t,ny ts"i,Ilru The nct,ttietl IF tho
judiciary 10 determine, ~ ju tho frRnt tuhdpr
lue.toh. Tbs j'orcr Is 70 PtAinly sloro, t1att
Iohe hht y cnptfnna ltni, ~ rplnl Aynllthlaut
would nysr lii1hk Of 't'nkt"g such m absurd
objection.
hsption y Of Article tut Of ti.u Constitution
II divided !nto pssentucn subdivisions. TIL,
llth hubl!ytsinn lsoyllos Tint EonGfuaA kl.&lI
lavo POWER "tn ra!se .ntA Aupport ufnios."
Thy lala .uhdl'! !.loM 4 'F's poWor TO provide
"tu ,nake nil laws which, shall 0u necessary
a1nI proper for c..ar,tng Into execution Tho
Il ttrgoltE powers "
NJ roT cr IL given hero to Tho President 10
rnisu nrinics, but It L. Klyon to Congruss. Con.
grcts has rnsscd lhe lams TINT thoy deum "no-
ccstary,' according to s1,bdlstslon l7th. Not
irg tho nuilbcr Of the 1ncn lu either tho urlny
nr tho uayy, rur the tlrne Of service. Tliat
Is left to Tho representatives Of tho people,
when assembled In Congress. It ID assert.
cd that this power to rnl,c armies refers
only to whnt is krown ns tho "standlhg
ntiny.n,. Thls Is mcrc assumption. Tho
term "standirg army" nowhere aprcars In
the creature Of Congress, cscatcd u,ler the
above luw.rs. Tho same Congress may make
the lava which will create Il standing army, Il
volunteer hrh'y, md drafted arlny. Tho
Woiur, "to in'fo and support armies are tho
most sNccrtrg that eoud b. any possibility
have hesn cl!n.en, aud .tand unqualltsod III
! can give direction 10 tlls pow t,y III king
illu laws v hicl4 shall bu ''necesEary nud proper
Tor carrying Into execution such power.
foya that Congress shall havo power "to pro.
ylt:e for calling forth the militia to execute
tl.e laws Of The Union, tupprcsa iusurtec-
tlrns, and repel Inyasions."
There is IN additional power, but 1t In no
manner abrldges the other power above re-
! ferred to. But this section does not say the
| militia Of the States. TIE word or the Idea
was expected that the militia Tould be organ
lied under United States laws, ard would be
the militia Of the United States.
This u evident from the next, the 18th sab
division, which says that Congress shall "Pro
vide for organizing, armIng and disciplining
1he militia" Conarcss never has done this,
but left the militia organizations wholly to
the States. There would be much more sense
in claiming that the General Government
could not call on the State" militia. That
having neglected to "proylde for organizing,
ar1ning and disclplin1ng the mllitla," there Is
whole diff Of these provisions is to put the
armed power Of the land, militia included,
into the hands Of the General Government.
After the adoption Of the Constitution By
cur fathers, they saw that these provisions
Put u military power tnto the hands Of The the
| amended the Constitution so as to enlarge
! the powers Of the States, and among the
amendments they adopted article I'd, as fol-
| lows: IA well regulated militia being neces.
| sary to the security Of free State, the right
Of the people to keep and bear arms shall not
This amendment does not deny to Congress
the power to raise and maintain armies tn
any manner they may see fit, 1t only secured
| to the States the right to have "Well-regu-
lated militia" # the Constitution had pro-
vided for only militia force. to BE- called on
States should arm md discsplne" !" the mill
tia then this insaue CRY of the uncOustitu-
tionality Of the conscription would have
something to Stand on.
Fortunately the Constitution lodged the
power to rafse armiet, In Congress, without
| prescribing the method. and declares that
i.onpress shall make the laws necessary to do
50, AL this talk about the necessity Of the
| General Government calling on the States for
their unota Is the mere clap-trap Of the politi-
clans, That II Is not 4 convenient and proper
| mode Of proceeding We arc not arguing now.
Nc cnly fay that IL Is not necessary way
| that the Constitution does not require It.
| Northern conspIrators and their agents, ths
rioters, may as well understand now tllat the
Government stands pledged to enforce the
Force On It's side, and that 1t will execute The
| one bE help Of the other, II uecaas1EY,