New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-07-22
CONsTITVTIONaLgT OF THR con-
sCREPTION.

This cry OF The unconstitu,ionaiIy Of the dralt
IL 40 prrs st,nily made by the Copperheads and
Rebel sympa s1crs that not unfequcugy loyal
men, and w.aniding men. are found almost
ready to ooud before thr clnruor. and half be-
eye there il really something IN the objection.
We do no, prupose 70 discuss Cunsi4luilonai
question before mob who arr organized FOR
the purgotes of resistance nor do we expect .
check The cry oi u single Rebel IN Tins city or
the country. who with ba Jrsuilical rcsp't
for Inv. clamoY. continually about the uncoDsti-
tutionality OF tto draft Our purpose Is 10 call
She attention Of our intelligent readers to The
sections o. the Constitution which empowers
Congress 10 raisr srrnos, snd make : iow aug
Vcstions ~ that they may meet this attempt OF
Copperheads 10 create u public sentiment that
the general Government sro going to press
through On unconstitutional act. Fortunately,
on this question, there IS no nice legal point
that may require the acumen Of the judiciary
10 determine, as in tho legal tender questieo.
The power ia so plainly there that none but
captous man or Rebel ympatLizer would ever
think OF making such an absurd objection.
Section of Article LIST Of She Constitution is
divided into seventeen subdivisions. The lltA
subdivision provides that Congress shall have
power "to raise and support armies" The
10Th subdivision gives power Z" TO provide and
maintain navy
The 18th subdivision gives Congress power
to make all laws which shall be necessary
and proper for carrying into execution the
foregoing powers"
No power ia given here to the President to
raise armies but it IS given to Congress.
Congress has passed the laws that they deem
{" necessary" according tn subdivision l7th.
Not one word can be found in the Constitution
fixing tho number Of the men ia either the
army or the navy nor the time OF service.
That is left 70 the representatives OF the reo'
ple, when assembled Ia Congress. 1t IS AS
serted that this power TO raise armies refers
only 10 what Is known as tho standing
army" This ia a mere assumption. The term
" standing army" nowhere appears III the
Constitution. The standing amy ID but tho
creature of Congress, created under tine above
powers. The same Congress may naAr the
volunteer army, and a drafted 'aYny. The
words "to rh,e and support armies are the
most sweeping that could BY ony posaIbil',y
have been chosen, and stand unqualified in
their bold and naked power. Congress only
can give direction 10 this power, BY making
the laws which shall DO Z" necessary and
proper for carrying into execution" such power.
TIE l4th subdivision Of tho same section
Gays that Congress shall have power "To
provide for the calling forth the militia to c1-
ecute the laws Of the Union, suppress insur-
rectious, and repcl invasions."
| There is AL additional power, but it in no man.
ner abridges the other power above referred
to. But this section does not ssy the Militia
of the States The word or the idea Estate
is an Interpolation, At that time it was ex-
: pect.d that the militia would be organized
under United States laws, and would BIO the
militia of the United States.
This is evident from the next, the 18th sub
division, which says that Congress shall " Pro-
vide for organizing, arming, and dlsclplln'ng
the militia Congress 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 "Stata" militia. That having
neglected TO provide for organizing, armiDg,