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

poor. Our State legislation, which exempts
men who are not worth more than $500
from paying their own debts, is in striking
contrast with This Conscription law, which
devolves upo1.such men the burthen which
belong to The whole s'naiional forces" and
to which ''all persons ought willingly 10
coniribute." This, however, is an objection
to The spirit OF the enactment rather than TO
It's conslitutionaiiy.
/ The description of persons TO be enrolled
able bodied citizens, between 20 and as
years of age, is substantially the descrip-
lion of The militia as 6efiEed in our Penn
| sylvania statutes aud probably ia the stat
uies of all the States. The national forces,
| then, mean the militia of the States-cer-
iainly include the militia of Pennsylvania.
Tits expression, s'national forces,' is mod
era language, when so applied. 1t is not
found in our Constitutions, either State or
Federal, and if used in commentaries on
orally be found applied TO our land and ma
val forces in actual servces-to what may
be called our standing army. IL is total
misnomer when applied TO The militia, Tor
the militia is State institution. The Gem
eral Government has no militia. The State
militia, always highly esteemed as one OF
the bulworks of our liberties, are recog-
nized in the Federal Constitution, and il is
no: in The power OF Congress TO obIiterate
them or TO merge them in national forces
Unless there is more magic in name
than has ever been supposed, this conscripi
law was intended 10 aci upon the State mi
lila, and our question is, therefore, wheth-
er Congress has power to impress or draft
the militia OF the Safe. | cannot perceive
what objection can be taken TO this slate
ment OF the question, for surely it will not
be argued that calling the militia national
forces makes them something else than the
militia II Congress did not mean TO draft
the militia under this law, where did they
expect to find the national forces "All
able bodied white male citizens between
the ages of oftwehty-one and forty five years.
residing in this State, and not exempted by
the laws Of the United Sta,es," with certain
specified exceptions, constitute our State
militia. Will it be said that the conscr'pt
law was not intended to operate on these
think it will not. Then if il does touch,
and was framed and designed 10 draft this
very class OF citizens, no possibls objection
can be taken 10 the above statement of the
question We have to decide.
|, therefore repeal the question with
At IN haa
gress the constitutional power TO impress or
draft into the military service of the United
States the miliiiamen of Penusylvania
This question has to be answered by the
Cons :ilutiou of The United States, because
that instrument, framed by deputies of the
people OF he States and ratified ard put in
TO effect By the SlaIes themselves in their
respective corporate capacities, delegates
TO Congress all the powers that body can
exercise. These delegations are either ex-
press or such i'm Implications as are essential
to the execution of expressly delegated
powets
There are but three provisions in the
Constitution of the United States that can be
appealed 10 in suppor of this legislation
In ordinary editions they stand numbered
as clauses Is, I6 and II OF the VIII section
of Act I, OF the Constitution
ssIS. Congress shall have power 10 raise
and support armies, but no appropriations
of money 10 that use shall be for a longer
term than Two years.
"ls. Congress shall have power to pro-
vide for calling forth the militia 10 execute
The laws of the Union, 10 suppress insurrec-
ton and repel invasion.
AT. Congress shall have power to pro-
vide for organizing, arming and discipline
ing the militia, and Tor governing such part
of them as may be employed in the service
of the United States, reserving 10 The States
respectively the appointment of the officers
and the authority OF training the militia ac-
cording TO the discipline prescribed by Con-
gress."
"To raise armies'-these are large words!
what do they mean There could be no
Limitation upon the num6sf OF size of The
armies TO be raised, for all possible contin
gencies could not be forseen; but our qaes.
AtCu ACo nOt ACiCiCuSC " HOtboClo vi olL7s
but TO the mode Of raising armies. The fra
mers 1.-The Constitution, and the States who
adopted H. deriv ed their ideas of govern
meni principally from The example OF Great
Briiain--cerIainly not from any of The more
imperial and despotic governments of the
eatlh. What they meant TO make was
more free Constitution than that of Great
Briiain-.aking that as a model in some
things but enlarging The basis of popular
rights in all respects that would be consist
enl with order and stability. they knew
that the British army had generally been
recruited by voluntary enlistments, stimu-
lated by wages and bounties, and that the
few instances Of impressments and forced
coHscfipiions o! land forces had met with
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