Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1863-07-27
The Couscript Law.

The discu ssions in the Federal Convention on
the clause of the Constitution which relates to
raising of armies was of an interesting character.
A large majority of the Convention was dis
tinctly opposed to giving the General Govern
ment the control of the militia OF the States. and
it was lef. for the State authorities to furnish
whatever troops might be requiredby the Federal
authorities for the common defense and protec-
ton Of the States. The design of the Consoript
law is to ignore State authority and responsibility
in raising the troops that may be required by the
General Government In that regard the
Conscript law is clearly in conflict with the
spirit, if not the letter, of the Constitution. Even
HAMILTON. who was in favor of a strong Gov
eminent, regarded the exercise of such power, as
is conferred upon the Federal authorities in the
conscript law, as dangerous to the liberties of the
people. Mr.. GERRY, a member Of the Conyen-
ton from Massachusetts,, said. HE had as leave
let the citizens Of Massachusetts, be dis
armed as to take the command from
the States and subject them to the
as a system Of despOtism." Yet a law Of this
character is now upon the statite book. and, if
enforced, its effect. if not its intention. is 20
break down all State authority and invest the
Federal Government with despotic powers. The
very difficulties which the trainers of the Con
~stitution anticipated in giving unlimited power
to the General Government over the mill tia of
the States are now upon US, and we fear, If exer
cised. that it will result in a central despotism.
-
important Confiscation Decision.
The first case under the confscstiOn law passed
by the last Congress came up in the District Su-
preme Court at W ashington on Thursday. The
case was that of the property Of DR. Garnett. son in
law TO Henry A. Wise. After saving that it was
the first case under this importan. law, Judge
Wylie said he had at first doubted, but upon rea
son and the authorities was satisfied that it was
his duty to issue n decree ordering the condem-
nation Of the property. The act of Congress
did not, as was generally supposed, treat inhabi-
tants Of the so-called Confederate States as
traitors. but as alien enemies. In that point of
view, by the law of nations their property of
every description is liable to absolute forfeiture
and alienation to the use of the Government.
There is no distinction between personal property
and real estate. Nor did the Constitution, AS was
Supposed, forbid the absolute forfeiture of real es-
tate but the joint resolution passed by Congress oD
the same day Of the con6scation act, under the
provision of which this property is sought to be
confscated Was a declaration BY them that i'm tile
spirit of kindness they would con6scste the real
estate Of a Rebel only during his lifetime. He
was bound by that resolution. aud would there
fore condemn the real estate during the lifetime
Of the owner, and the personal property abso-
lutely. Judge Wylie referred to a large number
Of authorities. among them the acts of The Mary
land and Pennsylvania Assemblies, confscating
absolutely the property of Americans who re
manned loyal to the English Crown during the
Revolution. After this decision Of the Judge,
the District Attorney asked leave to dispose OF
some twenty other cases, which depended on the
same principles. which request was granted. and
DEGREES of condemnation were ordered 1lCin.
cinnati Gazette.
what We Used TO Cali II.