Columbia Democrat and Bloomsburg general advertiser. [volume] (Bloomsburg, Pa.) 1850-1866, 1863-11-21

ned and pass away. With sort of moral
polarity, the extremes of social excitement
breed each other, and moderation falls,
for while, powerless between them, and
usually it is only by severe social trials
that this condition of society is remedied,
and then it is discovered what were the
purposes and ideas to which undue prom.
/ inence had been given, to the disturbance
of the order end harmony of the State.
| On this question we ought to be able to
avoid this vice, which is so common in all
moral and political reasoning for our ap-
peal is to the Constitution, written stan.
dard, adopted by US all, sworn to by many
of US, and obligatory on all who exercise
the rights Of citizenship under it, until
they can secure its alteration in regular
and peaceable way. BY that standard
alone can we try this act. Is it author
lied by the Federal Constitution
That Constitution, adopting our hstor-
ical experience, recognizes two sorts of
military land forccs-the militia and the
army, sometimes called the regular, and
sometimes the standing army-and dele
gated 10 Congress power "to raise and
support armies and "to provide for call
| ing forth the militia TO execute the laws
OF the Union, suppress instructions and
repel invasions." But though this act of
Congress is intended to provide means for
suppressing the rebellion, yet it is appar-
ent that it is not founded on the power of
''caIling forth the militia for those who
are drafted under it have not been armed
organized and disciplined under the militia
law, and are not called forth as militia
under State officers a. the Constitution re-
quires.-Art. l, s, 16.
1t is, therefore, only upon the power to
raise armies that this act can be founded
and as this power is uudisputed, the ques-
tion is made to turn on the ancillarg pow
er 10 pass call laws which shall be neces-
sary and proper for that purpose-Art.
|, s, Is, II is therefore question Of the
o'o/c Of exercising the power of raising
armies. Is it admissible to call forced re.
crnting necessary and proper" modO
of exercising this power
The fact OF rebellion would not seem
to make it so, because the inadequacy or
insuticlency of the permanent and active
forces of the Government Tor such case
is expressly provided for by the power to
call forth the usually dormant forco, the
militia; and that, therefore, is the only
remedy allowed, at least until it has been
fully tried aud failed, according to the
maKims, ccpresSio uiaiuS est edcluSio alter
1uS, and eTpreSSum facW cesSare tacitun1
No other mode can be necessary and pro
per so long as provided mode remains
untred and the force of these maxims is
increased by the express provision of the
Constitution, that powers not granted are
reserved, and none shall be implied from
the enumeration of those which are reser
we'd. amendments 8, 10. A granted rem
, cdy for given cause would therefore seen
to exclude all ungranted ones. Or, to say
the least, the militia not having been cal
led forth, it does not and cannot appear
that another mode is necessary for sup
pressing the rebellion.
And it seems very obvious that de
. parture from the constitutional mode can
not be considered necessary because o
any defect in the organization Of the mil
tia, for Congress has always had author
ity to correct this, and it cannot possibl,
found new powers in its own neglect 0
| duty. Most of the Presidents have repeat
edly called the attention Of Congress t.
this subject, and yet it has never bee
adequately attended to. do not know
Y why it might not havo been performed
: since this rebellion commenced, and yet
= do not know that it could.
Though, therefore, this act was passe
| to provide means for supprossing the re
! bellion, yet the authority to pass it doe
+, not depend on the fact of rebellion. Tha
fact authorizes forced levies of the milit
c under their own State officers, but not 70
the regular army.
e But it is not important that Congre'
C may have assigned an insufficient reaso
: for the law. If it may pass such law fc
any reason, we must sustain it for tia
: reason. The question, then is-may Cor
d gress, independent of the fact OF rebellio
d or invasion, make forced lcvies in order
% recruit the regular army
;. If it may, it may do SO even when Il
t. war exists or threatens, aud make this II
If regular mode Of recruiting; it may disr'
G gard all considerations of age, occupation
d profession and official station; it may tax
/, our Governors, legislators, head of Stat
8 Departments, judges, sheriifs and all il
e ferior officers, and all our clergy and pul
IS lie teachers, and leave the State entirel
o disorganizod it may admit no bindir
1t rule of equality or proportion for the pr
,r lection Of individuals, States and section
e In all other matters of allowed contrib
II ton to the Union, duties, imposts, excise
IT and direct taxes, and organizing and trai
ing the militia, the rule of uniformit
in equality or proportion is fixed in the Uo
/, slitution. II could not be SO in calling o
to the militia, because the emergency Of r
u belion or invasion does not always allc
el Of this.
in But for the recruiting of the army
~ such reason exists, and yet, contrary
es the rule of other cases, if it may be r
a.