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

OF the expressly delegated powers
/ There are but three provisions in the
Constitution Of the United States that can
be appealed to in support Of this legisla-
/ ton. In our ordinary editions they stand
numbered as clauses l3, Is and II of the
vii section Of Art. |. of the Constitution.
Is. Congress shall have power to
raise and support armies, but no appro-
priations OF money to that use shall be for
a longer term than two years.
l6. Congress shall have power to pro-
vide for calling forth the militia to execute
the laws of the Union, to suppress iHsur-
rections and repel invasions.
III. Congress- shall have power TO pro-
vide tor organizing arming and discipIn-
lag the militia, and for governing such
part of them as may be employed in the
service Of the United States, reserving TO
the States respectively, the appointment
of the officers, and the authority Of train
ing the militia according to the discipline
prescribed by Congress"
ITO raise armies these are largo
words what do they mean There
could be no Limitation upon the number
or size of the armies to be raised, for all
possible contingencies could not be fore
seen. but our question has nc reference
TO numbers or size, but TO the mote Of
raising armies The trainers of the Con-
stitut;on, and the States who adopted it,
derived their ideas OF government princi-
pally from the example OF Great Britain
certainly not froi1 any OF the more lmpe-
rial and despotic governments OF the
earth. What they meant to make was a
more free Constitution than that of Great
Britian-takins that as a model in some
things but enlarging the basis of popular
rights in all respects that would be con
sistent with order and stability. They
kneS that the British army had generally
been recruited by voluntary enlistments,
stimulated by bount:es, and that the few
instances OF impressmeut and forced con
scriptions of land forces, had met with
the disfavor Of the Erglish nation and
had led to preventive statutes. In liO4
and again in 1907 conscription bills were
ATTEMPTED i'm Parliament but laid aside as
unconstitutional, During the American
revolution a statute, 10 Geo. Ill, q. 10,
permt:ed the impTessment OF idle and
disorderly persons not following amy law
ful ,rade or having some substance sutfi-
.cient for subsistence" and this was S far
as English legislation had gone when our
Federal Constitution WAS planned As
suredlv the trainers Of our Constitution
did not intend to subject the people of the
States to system OF cOnscrlption, which
was applied in the mother country only
to uaul ers and vagabonds. On the con
trary, | infer that the power conferred on
Congress was the power to raise armies oy
the ordinary English mode OF voluntary
enl.stmeats.
The peorle were Justly jealous Of stand
;nc armies, Hence they took away the
u.ar power from the executive, where, un-
do, monoychical forms, it generally re-
sides and vested it in the legislative de-
na,tn,ent. in one branch OF which the
States have equal representation, and IN
The other branch OF which the people OF
the States are directly represented accor-
ding TO their numbers. To theserepresen-
totiyes of the States and the people, thus
mower Of originating war was committed,
bpt even in their hands II was restrained
by tie limitation of biennial approprla-
tious for the support Of the armies they
micLt ,aise. OF course, no army could DC
raised or supported which did not com
mand popular appreciation, and 1t was
RIGHTLY considered that voluntary enlist
menis would never be wanting to recruit
, The ranks of such Hn army. The war pow
| or. existing only for the protection Of the
. neopla. and LETT as far as ii was possible
, ia leave it in their own hands, was inca
pable of being used without their consent
, and therefore, could never languish !OI
| enlistments. They would be ready enough
to recruit the ranks Of any army they
, deemed necessary to their safety. Thus
, the theory Of the Constitption placed this
, great power, like all other governmental
? powers, directly upon the consent Of the
| governed.
= The theory ilself was founded on free
and fair elections are the iunda
meotal postulates Of the Constitution. j
Q The patronage and power Of the govern
: ment shall ever be employed to contro
. uopular elections, the nominal represen
: tatiyes of the people may cease to be lheii
p real representatives, and then the armies
= which NAV be raised may not so commanC
Q public confidence ss TO attract the neces
sary recruits, and then conscript laws anC
, other extra-consiilutional eXpedients ma!
! become necessary TO fill the ranks. Bu
= governmental interference with popula
a elections will be subversion of the Consll
. tuition, and no constitutional argumen
: can assume such possibility.
$ Supposing then that the people are al al
z ways to be fairly represented III the hall
Q Of Congress, maintain that 1t is erleTou
n injustice TO them to legislsie on the az
= sumption that any war honestly waged TO
a constitutional objects will not always hav
4 such sympathy and support from to
}, people as will secure all necessary enlist
is menis Equally unjust to their intelli
n gence IL is to suppose that they meant T.
of confer on ;heir servants the power to i'm
press them into war which they ooul,
h not approve.
D. When to these considerations We adj
S. the ability of great country, like ours. 1
q stimulate aud reward enlistments, botl
l. at home and abroad, by bounties pension
and homesteads, as we'll as by politics
Y patronage in countless forms, we see ho'
e. little necessity or warrant there is fc
l. implying a grant Of the imperial power {