The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1863-07-30
of sks Conscrirtiou.

c,n.,;,u,ionality of sks Conscriptiop.
This cry of the uncons,itu'ionality Of
the draft is SO persistently made by the
Coppert esds aud rebel symps.hizers tina.
not untrequen,Iy loyal men, and law.
abiding men, are found almost ready to
bend before the clsnor, aud half believe
there is really something in the otjec.
ton. We do not propose to discuss
Constitutional question before moi who
are organized for the purpose ofresi.tsncc,
nor do we expect to check the cry Of .
single rebel in this city or the country,
Who. with bis Jesui,ical respect for law,
clamors contiu usliy about the uncons,i,u.
,ianal,y of the draft. Our purpose is to
call the attention Of cur Intelligent read.
ers to the sections Of the Constitution
which empowers Congress TO raise armies,
and make few suggestions so that they
nav NEE, the attempt of Coppcrhcads 10
create a public sentiment that the gene
raj Govcrnmeu are going to pres.through
an unconsti utional act. Fortunately,
on this question, there is 10 nice legal
poin, that may acquire the acumen Of
the Judiciary to determine, as in the
legal tender questi n. The power is so
plainly there, that none but cay,iovs
man or rebel sympathizer would ever
think Of making such an absurd otjcc-
ton.
Section Of Article 1st of the Consti.
tuition is divided into seventeen sutd.
visions. The llth subdivision provide,
tina. Congress shall have the power $40
raise and support armies The 18th
subdivision gives power "to provide and
maintain a navy
The Eth subdivision gives Congress
power .'to make all laws which shall be
necessary aud proper for carrying into
execution the foregoing powers
No power is given here to the rosidcp,
TO raise armies, bat 1t is given to Con-
gross. Congress has passed the laws
that they deem ''neccssary,' according, to
subdivision 18th. Not one word eau he
found in the Constitution fixing Tie
number Of the men In either the army or
the navy nor the time Of service 1ha.
is left TO the representatives Of the pee.
pie, when assembled in Congress. 1t is
asserted that this power to raise armies
refers only TO What is known as the
'.standing army" This is a mere a..
sumption. The term "s,au ding army
nov here appears in the Constitution -
The standing army is bu, the creature u
Congress, created under the above powers.
The same Congress NAV make the laws
which will create a standing army, VOL
un.eer army. and drafted army. Tie
words ";o raise and support armies aye
the most sweeping ,ha; could by any pos-
sibiity have bceu chosen, and stand VT
qualified in their bold and naked power
!, Congress only can give direction It
! this power, by making the laws whitl
}, shall be necessary and proper for carry
ing into execution such power.
! The 18th subdivision OF the same see.
ton says Il at Congress shall have power
9 ITO provide for tie calling forth the
militia to execute the laws of the Union,
suppress instructions, and repel iuva
i sious.'
There is another power, Ia, i, in ne
manner abri3-es tn" other power bov,
= referred to Blu, this section doe, Dc,
say the militia of the States. The wsrl
0 or the idea State is an Interpolation
At that time it was expected that thu
: militia would be organized under Unite,
= States laws, and would be the militia Q
the United States. THIS is evident, from
r the next, the 18th subdivision, whicl
Ia says that Congress shall "PrCvid
}, for organizing, arming, and discipiinip:
e the militia" Congress never has don
, this, but left the militia organization
r. wholly to the States. There would b
e much mare sense in claiming that Ii
5. General Government could DO, call o.
d the State militia. That having neg
d lected to 'provide for organizing, srmine
= and disciplining the militia" there
,e 30 organized militia for them to call on
ID The whole diff of these provisions is t
Or pu. the armed power of the LAND, mil
tia included into the hands of the Gen,
raj Government. After the adoption {
the Constitution by our fathers, the
,c saw that these provisions pu, all nilitar
,e power into the hands of the Gener
le Government, and INN cdiately the
q. amended the Constitution SC as to enlar.
h the powers of the States, and among IL
he amendments they adopted article I'd,
&c follows: "a we'll regulated mili,i. be
- ing necessary to the security Of fro
ut State, the right of the people to kce
of and bear arms shall not be infriDgcd."
a. This amendment does not deny p,
it, Congress the power to raise and maintai
Is armies in any manner they may sec f
all it only secured to the States the right
cd have "well regulated militia" If tn
IS Constitution had provided for only
as militia force, to be called on by Congress
D. and had declared that the several State
MS should farm and discipine' the militi
tn then this Insane cry of the uuconstit,
60 t'onality Of the CONSUMPTION would bav
something to stand on. Fortunately tn
On Constitution lodged the pover N rails