The daily Evansville journal. (Evansville, Ind.) 1862-1863, 1863-03-05
From the indianapolis Journal
The Military Bill ard the Belt
Thereon

settieu When responsibility is assumed
is it expedient ? is the next.
We offer the following observations ir
justification of the minority who withdrew
from the House of Representatives, to
defeat the passage of what is popularly
termed the military bill"
This bill has been engrossed for a
third reading, by a vote which indicated
settled determination of the majority
topress it to its passage No other means
OF defeating it remained, but with
drawal of the minority, which left the
House without constitutional quorum.
This action was right-if for no other
reason-because of the palpably uncon-
stltutlonal features of the bill.
Section II, article ), of the Constitu-
ton, declares that the Governor shall
be Commander-in-C Chief of the military
and naval forces, and may call ont such
forces to execute the laws, or to suppress
insurrection, or to repel invasion y
The House bill nullifes this provision
of the Constitution, by making each Jus
tlce OF the Peace in the State, Comman-
der-in-Chief ofthe militia and commander
OF the Governor also, for he is required
to subject himself to the orders of the
Justice calling him out, and he NAV be
drafted at the same time by each one OF
the 1000 Justices of the Peace in the
State, and is subject to the command of
each OF them, when those prn4ound mill
tary commanders get him into service
That we may not be regarded as bur-
lesquing the bill, we quote the 18th Sec
tion entire:
The Militia, or any portion thereof,
may be called out to execute the laws.
on the warrant of the Judge, or Mayor of
a city, or Justice of the Peace, whose
authority has been defined, the warrant
to be served on the military commander
most convenient to the place where the
resistance may be offered, or threatened,
or upon Brigadief General, the Major
General, or the Governor At such time
the officer commanding the forces SO
called out, shall be subject to the direc-
tions of the civil officer requiring his aid"
The 18th section is license for every
military officer, from a I'd Lieutenant uh
to make war on his neighbors at pleas
ure, if he cOnceives them to be disorder
ly. quote the section:
IL ANNNoSity lCHOiACo tuC AlllIld, vi
any portion of the sdme, may be called
out, under command of the appropriate
officers, or of the Major General, to sup
press insurrection, to repel invasion, or
to preserve order"
Here not only the Governor, but also
his High Mightiness, the Justice of the
Peace, is ignored No warrant is re-
quired, no report TO, or order from, the
Governor is hinted at, no tribunal other
than the direction of the officer COM
mandng is instituted to determine when
"order reigns." This section organizes
a military despotism in every neighbor-
hood and another section compels the pee
pie to feed, clothe and pay the force
which so sets itself over them "to pre-
serve order"
Here are two sections which utterly
disregard the provision of the Constitu-
ton above quoted, and the llth and 18th
sections are of the same family These
provide that certificates of election may
be issued to all military officers, which
shall have the force and effect of com
missions, "until commission issued by
the Governor shall be received If an
officers election is not certified to by the
Governor, or if he does not choose to ac-
cept the commission, or pay the fee of
the Secretary of State for issuing it, he
may nevertheless hold his Office by vir-
tue of the certificate, during his full
term; exercise all the authority of
properly commissioned officer; "pre-
serve order" and draw his pay Yet the
Constitution declares, Sec. 3, Art xii,
that All militia officers shall be COM
missioned by the Governor"
A commission is evidence of an Off
Ger S authority, and the evident meaning
OF the Constitution is that official power
does not exist until commission issues,
and such has been the ruling of the Sus.
preme Court of the United States on this
point. See Marbury VS.. Madison, l
Cranch, 1877.
That the object of the bill under con-
sideration is to evade the Constitution is
evident from the 3Sth section, which au-
thorlzes the oath of Office to be endorsed
on the certificate of election.
Sec. 2, Art. XII, of the Constitution
declares that the Government shall ap-
point the Adjutant, Quartermaster, and
Commissary Generals"
This section is not in terms SUPER
seded by the bill under consideration;
on the contrary, it graciously provides
that the Governor shall be entitled to
have and appoint these officers. But