M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1863-12-03
N616.

mot expressly delegated, and cannot
be impiiodly so, il Incompatible with
any. reserved or granted powers
This ia not only tho express rule Of
the Constitution, but it is necessarily
so; for We can know The extent 70
which State funciions were abated by
the Federal Constitution only by The
express Or necessarily IMPLIED terms
Of the law or compact in which the
abatement is provided for. And this
81 the rule in regard 10 the common
law, it is changed by statute only so
la' as tho expression Of the statute rs.
quires ii to be.
Now, tho militia was a State insli.
tuition before tho adoption OF the Fed.
eral Constitution, and It must contin.
ne 80, except 60 far as that Constiiu.
ton changes it, that is, by subjecting
it, under State officers, to orSaniza.
ton and training according to tho
uniform Federal law, and TO be call.
cd forth to suppress insurreclion aud
repel invasion, when the aid Of the
Federal Government is needed, and
it needs this force. far all others it is
IA State force, and il is called in the
Constitution "the militia Of the aev.
eral States l"2, Q, l. ltis, therefore,
the standing f'rce OF the States, as
well as, in certain specified respeets,
the standing force Of the Union. And
the right oi the States to havs it is
not only not granted away, but is ex.
pressly reserved, and its " hole his.
tory shows its purpose,to DO 10 secure
domestic tranquility, supprsts iDsur
rections and repel inyas;ons. Nei.
ther the States nor the Union haV0
any other militia than this.
Now, it seems TO me plain thar tho
Federal Government has no express
and Gao have no implied power to ia.
stitule any national force that isincon.
silent with this. This force shal con
tinue, says the Constitution, aud the
Federal Government shal. make laws
to organize and train it, as it thinks
best, aud shall have tho use of il
when needed, this seems reasonable
and sniff ,sas; /, the, fuEce provided
for BY this act inconsilteat withoit!
1t seems to me it is. BY it all men
between tho age OF twenty and forty.
tive ave ''are declared 10 be the ma.
tional FORCE" and made liable to mil.
itary duty, aud this is 60 nearly the
class which is usually understood to
constitute the militia force of the
States that We may cay that this act
covers the whole ground OF tho mill.
tia and exhausts it iiitirely. It is in
fact, in all its features, q militia for
national, instead Of State purposes,
though claiming justification only IN
der the power 70 raise armies, and
accidentally un6er the TACT Of the re.
bellion. In England this can 10
done, Gecause, the State being q unit
there, there can be no place for tho
distinction between State and Feder.
al power, and the army and militia
forces become naturally con founded.
1t seems to me thia 10 au uuauthorix
ed substitute for the militia of tho
State. Ii valid, it completely annuls
for the time being, the remedy for in
surrection provided by the Constitu.
ion, aud substit ates a new and nm.
r1vi III one. o. ruther /, takes that
very State force strips it CT its officers,
despoils il oil it's organization, and re-
constructs its elements under diffar.
ent authority, though under somewhat
similar forms. Ifthis act is law, it 10
supreme law,and the States can have
no militia out olthe class usually call
ed to militia duty; for rhe whole class
ls appropriated Us o national force
under this law. and no State can
make any law that is Inconsistent
with it. The State militia wiped out
ifthis act is valid, except 90 far aG it
may be permitted by the Federal
Government. II Congress may tlins,
under its power to raise armies, con.
-stitute all the militia men into Wua.
tional forces" as part of the regular
army, and make them 'liabls to per.
:orm duty iE the service Of the United
States when called out BY the Presi.
dent" cannot see that it may not
reqniae from them all CONSTANT mil.
itary training under Federal officers
as a. Appropriation for the greatest effic.
;sncy when they shall be 80 called out
and then all the State militia
and civil officers may be put into the
ranks and subjected to The commani
"f such officers .as tho President may
appoint, and every one wauld then see
that the constitutional State militia
becomes mere name. The Cousti.
tution makes il and the men in il o
national force 10 q given contingen-
cy, and in prescribed form. but this
oct makes them so perspective of ths
constitutional form and contingency.
This is the substantiat fac, and I am
not able to rsfns i. apdy.
FRO be CONTINUED NEXT wrKx.l