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

them into the military service OF the United
States. The very case has occurred IN
which the Constitution says the militia shall
be called out under State officers, but Con-
gress say is they shall be drafted, in contempt
oil State authority. General Washington
and the men OF his day, did not SO read the
Constitution, when surpressing the whisky
insurreclion in this State they paid the most
scrupulous regard 10 the rights end powers
of the State. Under pressure OF foreign
war, a Conscript Bill was reported in Con-
gress, 1914, but il did not pass, and il it had,
il would have been no precedent Tor this
law, because we are dealing with an insur-
rection, and instructions are specially pro-
vijed for in The Constitution. If TO support
foreign war Congress may draft The mill
tia, which do not admit, the power of draft
TO suppress insurrectionsis MOTTO be implied
since another mode OF surpressing insurrec-
tions is expressly provided. When State
is called on for It's quota OF militia, it may
determine, by lot, who OF the whole num-
Der OF lis enrolled militia shall answer the
call, and thus Stale drafts are quite regular,
bui Congressional draft 10 suppress insur-
rection is an Innovation that has no warrant
in :he history or text OF the Constitution
Either such law, or the Constitution must
be sell aside. They cannot stand together.
And, happily, no i'll consequences can
flow from adbearing TO the Constitution, for
The standing army of the Federal Govern
ment, recruited By enlislments in the ordi-
nary way, with The State militia, called forth
according TO the Constitution, are a force
quite sufficient to subdue any rebellion
that is capable of being sudued BY force of
arms Such formid able force, wisely wiel-
ded, in connection with paternal and pat
riotic adm inisiration of all other constitu-
tional powers, will never fail TO put down
refractory malcontents, and preserve peace
an,, good order among the American people.
This Conscript law, therefore, not sanction
ed by the Constitution, is not adapted 10
the exigences of the times, nor likely TO
have success as a war measure.
In its political bearings, even more than
in its military aspects, it is subversive of
kNG OUtbtilutiOH duQ vi illc IlRuiS VI CitiLCHS
that depend upon State authority. A few
thoughts will make this plain. 1t is impos-
sible TO study our State and Federal Consti.
tuiions, without seeing low manifestly the
one was designed to guard and maintain
the personal and social rights of the citizen
The other 10 take care OF his external re-
lations.
Nature, education, property, home, wife,
aad children, servants, administration of
goods and chatte Is after death, and a grave
yard in which TO sleep the sleep of death,
these are among the objects OF State solici-
tnde, for the protection of which the State
provides civi authorities and back of them
The posse comifutus and the military TO make
the civil administration effectual. Now if
the principle be admitted that Congress
may take away the State militia, who does
not see that the ultimate and final security
OF every mans domestic and personal rights
is endangered. To The extent delegated in
the Constitution nobody questions the right
OF Congress 10 control the State militia
hut If 10 The extent 10 which this enactment
goes, the States will be reduced 10 the con-
dition of mere counties OF a great Common
wealth, and the citizen of the State must
look TO the Federal Government for the
regulation of his external relations.
The citizens of The States need protection
from foreign foes and Indian lribes-peace-
ful intercourse and commerce with all The
world-a standard of values aud of weights
and measures that shall be common to all
the States, and postal system that shall
be co-extensive with interstate trade and
commerce. To adjust and maintain these
external relations OF the citizen, are high
duties which the Constitution has commit
TED to the Federal Government, and has
furnished il with all necessary civil func-
tonaries, and with power TO levy and col
Iect taxes from the people of the States, to
raise and support armies, 10 provide
Eavy, and to call forth the militia to exc
cute the laws.
Thus is the American citizen amply
provided, by means of Constitutions that
are written, with protection for all his rights
natural and artificial, domestic and foreign;
but as the war power of the General Gov
eminent is his ultimate security for his ex
ternaI, so is the militia his ultimate security
for his internal or domesiec rights.
Cosld the State Government strike at the
war power OF the Federal Government
without endangering every mans rights ?
In view of lbe existing rebellion, no man
would hesitate how TO answer this ques-
lion, aud yet is il not equally apparent that
when the Federal Government usur2s
power over the Stale militia which was
never delegated, every mans domestic
fights (and they are those which touch him
most Closely are equally endangered.
The great vice of the Conscript law is
that it is founded on an assumption that
Congress may take way, not the State
rights ofthe citizen. but the security and