The Burlington weekly hawk-eye. [volume] (Burlington [Iowa]) 1860-1876, 1863-08-08

july Bid sasw. Chairman Rep. Cen. Com.
S- The Copperhead press, in its insane
opposition to the Enrolment Act, has ut
tured great deal of absurd twaddle about
the militia of the States. Possibly some
loyal people may believe there is really
something in this militia and malicious
rhodamontade. Let us see what the Con-
stitution says.
The sth section of the first article of that
instrument defines the great and impor-
tant powers Of Congress. After enumer-
ating, in separate clauses, number of
these powers, among them the power ''to
raise and support armies" it specifies the
additional power:
''To provide for calling forth the militia
to execute the laws of the Union, suppress
instructions and repel invasion"
ITO provide for organizing, drnaira0 and
disciptining the militia, and for governing
such part Of them as may be employ
ed in the service of the United States, re-
serving to the States respectively, the APP
pointment of the officers, and the authori-
ty of training the militia according to the
discipline prescribed by Congress"
We hope our readers will carefully note
these, the exact words of the Constitution,
what they include and what they exclude.
1t is worthy of remark that the militia is
not spoken of as that of the individual
States. 1t is further noteworthy that the
militia is treated as one body, and not as
several bodies, and that this one body,
''the militia is to be organized, armed and
n, n;sN1;s VI <hn ofr
gress. This body of militia, the militia of
the United States, and not of the separate
States, is to be organized, armed and dis
ciplined by one law. That law must be
enacted by "the Congress- and conse-
quently there can be no militia under the
Constitution, other than that created and
organized by act of Congress. This pow
er being granted to the Congress, and it
being apower which cannot be exercised
by both Congress and the States, is there
fore exclusively in the United States. That
it was intended to be thus exclusive of
State control or interference is made still
more evident by the reservation of spe-
cial and limited power to the respective
States,-"the appointment of the officers and
the authority of training the militia &C.
eording to the discipline prescribed By Con-
gress." All the authority State can ex-
ercise over the militia spoken of in this
grant of power is that Of appointing off,
GERS" and training them as prescribed by
Congress. And this being specially re-
served, by all rules of Interpretation, of it
self excludes all others.
The "militia" which the Congress may
provide for calling out "to suppress insur-
rections, - is the militia which is organ
lied, armed and disciplined by authority
of Congress, and none other. And this
militia is in no wise subject to State autho-
rity, save in disappointment of its officers,
and "training" them according to the dis
cipline prescribed by Congress" Here
State authority over it commences and
ends. Beyond this it cannot go.
There is no word in the Constitution
which conflicts with this Interpretation ;
there are many which confirm and
strengthen it. The Constitution declares
that no State shall enter into any treaty
alliance, or confederation; and that the
United States shall "protect each State
against INVASION and domestic violence
What use does it contemplate the States t.
have for militia, when it confers all the
war powers Exclusively upon Congress, anc
prohibits them absolutely to the states?-
The United States has, and may have, use
and necessity for the militia-the whole
force of the country. The States have
-.~~ %ho <yorr;fufipn and ancnrS
ingly the whole control is given to the
Union with the reservation specified. The
Constitution authorises Congress to declare
war, and requires it to repel the invasion
of any State, and protect each from do
mesic violence; and to do this, it authori
ses it TO raise armies, to organize, arm ano
discipline 1.-The militia" to cali out the mi
litia to suppress instruction and repel in
yasion, and to govern them while employ
ed in its service. Would 1t not have beer
singular had the Constitution imposed
such duties upon the Nation, and yet neg
lected to provide the means by which
alone it could perform them? Would i
not have astonished us had it REQUIRED
Congress to suppress instructions, and We
left it dependent upon the action of tn,
States, perhaps, rs now, under insurrec
tionary control, for the means and powe
of suppressing itf Does not every ono &C
quainted with our early history, know tina
this dependency on State action, alway
slow, hesitating and inefficient, was one O
the principal evils complained of in th
Confederation, and which the Constitution
and Union was mainly intended to rec.ify