The star of the north. [volume] (Bloomsburg, Pa.) 1849-1866, 1863-11-25


To bring The militia within the meaning OF
being in all actual service there must be
an OF edience 10 The call, and some acts OF
organization, mastering, rendezvous, or
marching done in obedience to the call in
the public service" (Story's Con. Law,
vol 8, sec. l2Os.)
| If it be suggested that this plain rule of
common sense and constitutional law is not
violated by the Conscripton act because il
! applies TO the national forces," I reply as
before, that this is only new name for the
/ militia, and that the constitutional rights of
a citizen are n OF TO be sacrificed TO an un-
J constitutional name. When Judge Strong
was endeavoring to mark with so much dis
1 tinciness the time at which the common
! law rights of the citizen ceased and his
! liability to military rule began-:he time,
/ in word, when he became a solder-why
did it not occur.to his fertile mind that Con
gress could render this distinction value
/ less and unmeaning by a new nomencla-
ture-by calling the militia "na'iona fcrcesW
Itis not difficult 10 conceive how such
suggestion would have Jared had it occurred
/ or been made TO him But it is difficult in
he presence of the grave issues OF the
present day, to treat so frivolous a sugges-
ton with the dignity and forbearance the
! occasion demands | have shown what
right of personal liberty these plaintiffs in
herited from remote ancestry, ard how
! they are guaranteed TO them by our consti-
I nj ,host a. Hau IN
! place 10 martial law /; and surely if a wheel
sci in motion by Congress, can crush and
| grind those rights out of exience, without
! regard to the limitations of the Constitution,
some weighiier reason should be found for
\ it Than the misnomer which The act so stud
iously applies to The mililia-seme reason
that deserves to stand in stead of Magma
Chaua, our Constitution, and all our trade
tional freedom.
| The only general reason 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 a great civil war
which can be brought 10 an honorable close
only by an energetic use oil 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 according TO the
Constitution, the argument claims, may be
done, of course-whatever is over and
peyond the Constitution is justified as mil
itary necessity, and OF that The President
and Congress are exclusive and final judg-
es.
The amount OF the argument is that the
exigencies OF the times justify the substilu>
lion OF martial law for the Constitution.
But what is martial law : Blackstone and
Sir Mathew Hale tell US F'it is built upon
no settled principles, but is enliraly arbi-
trary n its decisions, is in truth and reality
no law, but something ihdulged rather than
allowed as law" The unresirained will of
one or a number of men, then, is the rule
which The argument substitutes for the
Constitution. 1t is OF no consequence that
the will thus set up for supreme law is that
OF men whom majority of the people have
chosen, because according to our system,
the majority can only choose men 10 admin
lister the Constitution as it is written.
Majoriiies, as power recognized by law
have no more right 10 establish desPoiism
than a minority would have. But may
majorilies or minorities set aside the Consti-
iuiion under pressure of rebellion and in
surrectiou AS the Constitution anticipates
and provides for such calamiies, it is a
reproach 10 It's wisdom TO say that it is ina
dequale TO such emergencies. No man
has any historical right 10 cast this reProach
| upon il. No current experience proves it.
II never can be proved except by an unsuc-
cessful use OF the legitimate powers OF the
Constitution against rebellion, and then the
thing proved will be that the instrument
needs amendment, which its machinery is
flexible enough to allow. Even such a
melancholy demonstration would do no
more than point out Necessary amendments
Ill would not surrender the people TO the
arbitrary will of anybody. Presidents and
Congressman are only servents OF the beople
10 do their will, not as that will may be ex-
pressed under passion or excitement, but
as it stands recorded in The Constitution.
II is the Constitution, indeed which makes
| Them Presidents and Corgrsssmen. They
have no more power TO set up their wills
against the Constitution than so many
/ private citizens would have. Outside of
OF that they are only private citizens.
/ do not, therefore, teel the force of the
argument drawn from the distressing circum-
stances of the time Bad as they are, we
make, them worse by substituting arbitrary
power for constitutional rule; brit if we
made them better and not worse, the judi
cial mind ought no, TO be expected to ap-
prove the substitution, for il can recognize
no violation OF the Constitution a legiii-
mate vindicai OF the Constitution. To
place ourselves under despoiic sway in or