Democrat and sentinel. [volume] (Ebensburg, Pa.) 1853-1866, 1863-11-25

limitations prescribed in clauses sixteen
and seventeen, and therefore, l argue Con-
gress has not the power to draft them. Is
an express rule of the Constitution to give
way to an implied one? If the thirteenth
clause confers power to draft the militia,
the words of the sixteenth and seventeenth
clauses are the idlest that were ever writ
ten. But if the eighteenth conferred only
the power to enlist volunteers, then the
subsequent clauses become very intelligi-
ble-stand well with the thirteenth, and
add essentially to the martial faculties of
the Federal Government Look at those
clauses. The militia are to be called
forth to execute the laws of the Union,
suppress instructions and repel invasions,
to be organized, armed and disciplined by
the State, but according to the laws of
Congress, and such part of them as may
be employed in the service of the United
States are to be governed by the Presi-
dent but officered by the respective States.
Now this Coriscription law recites an
90 existing insurrection and rebellion " as
the ground and reason, not for calling forth
| the militia under the above provisions, but
! for drd fitng them into the military service
! OF the United States. The very case has
occurred in which the Constitution says
the militia shall be called out under State
officers, but Congress says they shall be
| drafted, in contempt of State authority.
/ General Washington and the men of his
day, did not SO read the Constitution,
when in suppressing the whisky insurrec-
in tafa ha
pulous regard 10 the rights and powers of
the State. Under pressure of a foreign
war, a Conscript Bill was reported in
Congress in 1914, but it did not pass, and
if it had. it would have been no prece-
dent for this law, because we are dealing
with an insurrection, and instructions are
specially provided for in the Constitution.
If to support foreign war Congress may
draft the militia, which ! do not admit,
the power of draft to suppress insurrec-
tions is not to be implied, since another
mode of suppressing instructions is ex-
pressly provided. When State is called
on for its quota of militia, it may deter
mine, by lot, who of the whole number o
its enrolled militia shall answer the call,
and thus State drafts are quite regular
but Congressional draft to suppress u'sou-
rectiOn is an innovation that has no war
t rant in the history or text of the Constitu
: ton Either such law, or the Constitu
ton, must be set aside. They cannot
/ stand together.
And, happily, no i'll consequences car
; flow from adhering to the Constitution
for the standing army of the Federal Gov
: ernment, recruited by enlistments in th'
! ordinary way, with the State militia
called forth according to the Constitution
i are force quite sufficient to subdue any
S rebellion that is capable of being subdue'
| by force of arms. Such q tormIdabl
D force, wisely welded, III connection Will
r a paternal and patriotic administration o
a all other constitutional powers, will neve
fail to put down refractory malcontents
i and preserve peace and good order among
!, the American people. This Conscrip
h law, therefore, not sanctioned by the Con
: stitution, is not adapted to the exigencie
: of the times, nor likely to have success a
e a war measure.
II In its political bearings. even more tha
# in its military aspects, it is subversive o
the Constitution and of the rights of citi
e zens that depend upon State authority. !
l. few thoughts will make this plain 1t
l. impossible to study our State and FEEDERS
It Constitutions, without seeing how mani
n festly the one was designed TO guard an
y maintain the personal and social rights
|. the citizen-the other to take care of hi
external relations
y Nurture, education, property, home
al wife, and children, servants, adlnlnlstrs
a ton of goods and chattles after death, an
is a graveyard in which TO sleep the sleep {
II death, these are among the objects of Sta
to solcitude, for the protection of which II
,e State provides civil authorities and bae
re of them the posse conntatus and the miiital
= to make the civil administration etiectua
er Now, if the principle be admitted tn
$. Congress may take away the State mil
h. tia, who does not see that the ultima
az and final security of every mans dome
al tic and personal rights is endangere
,o To the extent delegated in the Constlt
no ton nobody questions the right of Co
he qress to control the State militia, but if
;ts the extent to which this enactment got
the States will be reduced to the condti'
.r- of mere counties of a great Commo
th wealth, and the citizen of the State mt
of look to the Federal Government for
tb enforcement of all his domestic rights
If well as for the regulation of his extern
IN relations.
ve The citizens of the States need prot'
nj ton from foreign foes and Indian tribes
he peaceful intercourse and commerce