Columbia Democrat and Bloomsburg general advertiser. [volume] (Bloomsburg, Pa.) 1850-1866, 1863-04-04
The CONSCRIPT.OY ACT.

the terms and tendency of bill passed,
amid the tumultuous scenes of the closing
hours. of the late Congress, commonly call
ed the ! Conscripton Act,' Without en-.
tering into minute details, it may BE- accu-
rAtcly, though briefly stated, that this law
provides--E 81, for placing at the abso.
lutte control Of the President of the United
States, oil the inhabitants of the country
--cltizeps and foreigners, white and black
- capable Of bearing arms. Sec nj, that
It divides the whole territory Of the United
States, as indicated by Congressional dis
trie,s, into military divisions, each com.
mauded by Provost Martial, aud all
acting under the direction of Provost
Martial General at Washington. 1t is
declared to be their duty to obey all or
ders Of the Provost Martial General, and
10 exercise certain functions, of quasi
judicial character, in order to prevent or
punish evasionon avoidance Of any draft
which may be ordered by the President,
or even, without refcrance to tbs cxigency
Of a particular case, counseliug drafted
men moi 50 appear.
This law, in effect, creates forced
standing army, composed of all the avail
Oble strength Of the country, and totally
destroys the militia of the several States,
by robbiI & them Of the material Of Which
it is composed.
The militia is the ancient and safe de-
fence of the people themselves, against
all enemies foreign and domestic. 1t
existed from the commencement Of the
colonization Of the country--it defended
the early settlers from both Indians aud
French-at Concord aud Lexington, it
inaugurated the revolution-at Bunker
I'LL it mes, without dishonor, the flower
Of the British army my--and so, throughout
the revolution aud the war Of lSl2, it
mainly main aimed the nation, down even
to New Oreand, when jackson, and his
militia, closed the WAS in blaze of glory,
The Constitution Of Pennsylvania de-
! clarcs, in regard to the militia, that ''the
| freedom Of this common wealth shall be
armed and disciplined for Its defence"
Has the Federal government the power
to annul our Constitution, by destroying
militia has it the right to pas this con-
scriptou act That government is not an
original sovereign, but an artificial and
Limited political organization, created by
the onsttution, and can exercise thosc
powers only which are conferred BY thai
instrument; which, ITSELF declares that
.'all powers net delegated to the United
States are reserved to the States respect
lively or to the pcole.'
No clause in the Constitution give
even somblance Of power to make ,ucb
enactment, on the contrary, the State
militia is distinctly recognized, and the
control Of Congress over it is limited to
calling it forth when necessary, and for
governing it only when employed in the
service of the United States; reservlng to
the States the appointment OF officers and
> the training of the force. The Coustitu,
tion, therefore, contains no authority iol
this absorption Of the militia, but actually
forbds it, by reserviug to the States the
powers which substantially control it. Ii
the face Of these plain provisions, argu
. ment would be superfuous. Any man o
common sense must perceive, and any
court of law would determine. that TN
Conscripton Act is unconstitutional ant
void.
But tits said in this, as in other cases
that necessity iustifcs-that neecssii
. knows no law. If this argument is goo
to justify Congress in disrcgarding til
: Constitution, it is far better to justify tn
: people in disregarding the law. But i
. truth ii justiies neither. Both are boun
J by every legal obligation, and nethe
Is holds the power OF self-di pcn,alion =
&c The supremacy oft Con titutIon and tn
laws is the sole assurance OF berry, securIl
. aud order, and the uoulper, oil Washing
ton who deny this doctrine, procla.l
II themselves tyrants by the act.
d But, apart from this, the instant II
d sponse to the recent draft Tor three hur
.s dred thousand militia, shows that the pr,
T. tence of necessity is false in fact. II II
- government needs additional force, WI
{. not resort to another draft legiIimat
- legal and sure to be obeyed Why do
vs. the Fedearl government prefer the couri
ut of usurpation-this tyranny over the cit
il zen! Is it SO, that the blood of ol
IL