The Smoky Hill and Republican union. [volume] (Junction City, Kan.) 1861-1864, 1863-11-28

the ofhcers and the authority OF training the
militia according to the discipline prescribed
by Congress-" = e
And by Sec. 2, Art 2, Of the same in
strumear, it is provided that
81. The President shall be Commander-in-
Chief Of the army and navy of the United
States, and Of the militia of the several States,
when called into the actual service of the
United States
BY these extrocts it will be seen that the
distinction between the regular and irrecu.
lar forces, BY which the National Govern
ment could maintain and defend itself. was
inaugurated BY the Constitution /; and the
history of Congressional legislation will
show that it has been steadfastly maintain.
ed, and at no time has that distinction been
more broad or more clearly defined by law
than at this moment. fT..
BY these extracts it will be seen that
three distinct forces are provided for the
defense of the nation namely:
1st. The Army of the United States;
I'd. The Navy of the United States
Sd. The Armies of the States.
The first and second of these are
under the exclusive jurisdiction and
control of the nation, and are made up
entirely of professional soldiers and marin
ers, who are always in actual service and
under command Of the President. They
are to the nation what police officers are to
a city-its special guardians in times of
peace as we'll as in war.
The third-the Armies of the States
the militia if you willis BY far the most
important in numbers, in efficiency, in in.
tellgence, in patriotism. 1t is made up of
able bodied citizens Of the respective States,
between the ages of eighteen and forty.five.
1t is under the control of State authority un.
til mustered into the actual service of the
United States; and even after being so
mustered each regiment is numbered by
the State from which it comes, and the
State authorities fill all the Offices which
become vacant in its ranks. This force
may therefore be said to be under the Joint
control of the National and State Govern.
ments; at least, it is so until called into
actual service. Properly, therefore, this
force may be denominated the Armies of
the States.
Our State Constitution intended to ex
clude members of the first and second of
these forcee from acquiring citizenship, BY
reason of police service performed within
its boundaries. 1t intended also to disfran
chise citizen of Kansas who should enlist
in either, upon the grounds that he trans
ferred his allegiance to higher power.
But it did not intend, nor does it in terms,
disfrancbise the bona Jfde citizens of Kan.
sas, whom the State was required to furnish
for the defence of the nation. No such thing.
10 making up the Armies of theStates for the
defence Of the nation, each State is required
to furnish number in proportion TO her
arms bearing population. Ii the State can
secure her quota by voluntary enlistments,
we'll and good if she cannot, the deficit
must be supplied by draft.
Suppose now that our quota had been
supplied by draft instead of volunteering,
will any one contend for moment that the
drafted man would have been DISTINGUISHED.
What compel man to 60 to the war, and |
then punish him for it, by depriving him
Of the right Of citizenship? Hardly.
Where, then, is the crime in doing that
which, by law, we may be com.
PEELED to do! Or, where is the crime,
working forfeiture of citizenship, of man
volunteering in defence of his country in
Inc hour of its direst need? The only
citizens of Kansas which our State Coo.,i.
'utlon disfraochises in terms, are those con
7icted of felonies. Must not the pbilan.
hropy and patriotism of that man be lib.
'ral and enlarged, who would, by construo-
100, place our volunteer citizens upon
ooting with this class?
say, then, that our Constitution does
lot prohibit our volunteers from voting:
nd all attempts to put such q construction
'pon the clause referred to are uuwarrsnt.
d, unjust and absurd. Unwarrantcd, be-
ause 1t is An effort to construe disabling q
lause of that instrument so as to embrace I
class of persons which it does not name.
Unjust, because it would disfrauchise a class t
men who, by their heroic deeds, are '
demonstrating their fidelity and devotion to ]
be very Government of whose benefits il d
sought to deprive them; and absurd. !
ecause it would place the trainers of our c
in the criminal position OF t
overtly smuggling into that Instrument, the t
isfrancb'sement of patriots and the cnfran !;
hIsement Of traitors-the punishment o. n
deity and the reward of treason. I
We need, therefore no amendment Of the II
constitution no further attempts at tinker n
g and patching where there are no rent. d
leaks. What is wanted at the hands of u
'e incoming Legislature, is the promp, f
assage of bill to enable citizens of Kan.
's, absent from their homes in the mili,ar,
r,ice Of the United States, to vote for