M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1863-12-10


tuition keeps the twolorces distinct-
Under ILis law, The President may
even send 10 tho navy, Under militia
system cvcrg man goes out with bis
neielbors and friends, and under VI
.hcerJ with whom he IL acquainted
N is very properly suggested. that, ia
1890, Gen, Knox tic SECRETARY Of
War under President Washington,
aud with lis Rpproval, aud ia 1914.
Mr. Monroe, President MiG1ison's
Secretary OF war recommended lja6e
iof recruiting the army, which Was
yLry similar to this one, aud no doubt
ti,is is some argument IN ihy9F OF la
constitutionallly. But uotwilhstsnd
ling cur great reference for those il,
Iustrious names, ii is ilnpOssibie 10
islmi; them as influential on this
question. when We consider that Dei
lher Of thess plans was alnpted'by
Congress, and the subject never re-.
ceiYed such u discussion 10 to settle
The question. Instead OF Mr.. Mon
ross plan, II poe militia hill WAS 70
ported by MIR. Giles, from the sen,
luto's Committee on Military affairs
| have noticed M argument that.
becouse the notorious Hartford Con
vGntlou opposed the war ul 1912 nnd
with il Mr.. Monroe's plan OF recruit,
ing the army, therefore, opposition to
similar plan now ought to be sus
peeted as unpatriOdc. No doubt
such al argument NAV have soma in.
Auence, but it has 10 real value in
ascertaining truth, tog eves bad men
may hRv0 many corrupt principles.
1t WAS not tUr opposition to Mr.. Mon,
roe's plan that thar Convention be-
camo notorious. Even their denim.
citation oi ii scenes intended a pre-
fatory apology for their other schemes
for it was not prepared uutil two
mcnths after the plan been virtually
abandoned by the report OF Mr.. Giles
plan to the S1uaie. Tho con le mna
ttinn oiqthe Ilar.fOrd Convention WAS
founded mainly on the undue aud
slfisBpromiDence which it gave to,
aad the agitations itrased in favor oi
Its own sectional interests, when the
country was engaged in a dangerous
war--iis opposition to the admission
Of new States, for fear oil losing the
balance ol powOr--its demInd that
nrgroes should be part Of tho militia
lis opposition to persons nf foreign
birth being allowed tn hold Office and
10 its real or suppose intention to pro.
duce secession Vt the E5atern States
! ii it shOuld not succeed IN its meas
ures. Their yisNs, ,hcratore. cvali
by invertion, or Ga inD.diam, amount
! to nothing in favor Of this law.
On tho subject Of our authority to
hear such case. ! must infer, from
the refusal OF the Federal counsel 10
Iappear,t that it Is denied; and express
my views as we'll II, | am able With.
out that assistance which think they
ought b have rendered. tf...
No one denies that \ Federal, as
we'll as u State oth ;er, acting without
Constitutional authority, to the inia
Try .! any one; is liabls to be sued for
his acts in,the State Courts and /
an quite uuabo to discover that
there is any such distinction in such
cIses betw eliipreveBttye AMI ralr.s
sive remedies. AS at present aAeis-
| eI, lcaanot | dou5t that tho State
EeMrts, having authority 20 dpterm h
Ithe right in such Casgss IN the ffs,
instancs. they mly exercise 1t accord
! ing 10 any 6n1wh reniedy that sa.ts
tthU case. legal orequltabIe Jso
| No ordinarily well educated man
can duuDtthat, inlepels!ett OF the
Federal C1nSti utiou, universal iuii.
cal power is inherent in the States,
and might 10y them bs ASS gne to
tloir judiciary, rs it ia in our Sthte
iuthe Authority 10 en)oin sgainst all
acts contrary tosiaw ami pFiidcial
totho rights OF individuals; an ,tIere.
lore. this pogcrremailfs 10 the States
unless it Is taken away by direct pro
IHhiton, or,s otherwise Incompatible
with tho Federal system. l,j -t
No ouathat / Itnow Of protoula
that il has been directly taken away
lnhel, 50 far as the 2 Consultation it.
splf gocs, itia expressly Ioisto Tho
States, and therefore to the STATE
Courts, for the Constitution acenally
inst tutes no cnnrt but the Supreme;
ana it gives to itno original iarislic-
tion except in cases where u topign
minister or consul; or aStltcis q par
Ity. For all other cases within the
Federal power. appellate Jurisdiction
And, as there may be 90 other thpn
State Gour!s to try those cases, tho
appellate Jurisdiction of@the Folsral
Shprtms Court n5cassarAy lgave an
orgiual jiitisd .ctlon in them. ,S-"5
Trne, the O,nsti'n,inn authorz S
such interior Federal courts as Con
q Az a.. . HH