The star of the north. [volume] (Bloomsburg, Pa.) 1849-1866, 1863-11-25

whole system OF govern ment when 1t con-
verts the State militia into "national forces"
and claims to use and govern them as
such.
Times of rebellion, above all others, are the
times when we should stick 20 our iunda-
mental law, lest we drift into anarchy on
one hand or into despotism on the other.
The great Elm of the present rebellion con-
sists of violating the Constitution whereby
every mans civil rights are exposed TO
sacrifice. Unless the Government be kept
on the foundation of the Constitution, we
initiate the sin of the rebels, and thereby
encourage them whilst we weaken and dis
hearten the friends of constitutional order
and government. The plaintiffs in these
bills have good right, think, as citizens of
Pennsylvania. to complain of the act in
question, not only on The grounds ! have
inGicated but on another 10 which ] will
briefly allude.
The 18th section provides that the drafted
person shall receive len days notice of the
rendezvous at which he is TO report for
duty, and the 18th section enacts "that it
he fails to port himself in pufs ua nee OF
such notice, without furnishing a substitute
or paying the required sum therefor, he
shall be deemed deserter, and shall be
arrested by the provost marshal, and sent
to the nearest military post for uisl By
court martial" The only qualification to
which this provision is subject is, that upon
proper showing that he is not able to do
military duty The board of enrolment may
relieve him from the draft.
One OF The complainants, Kneeiler, has
set forth The notice that was served on him
in pursuance of this section, and by which
hs was informed that unless he appeared
on certain day, he would be "deemed a
desener, and be subject 10 the penalty pre-
scribed therefor, by the rules and articles
of war" | believe the penalty of deserlion
by the military code is any corporeal punish
ment court martial may choose TO iahict
even to that Of being put 10 death
Can a citizen be made a deserter before
he has become a soldier z Has Congress
the constitutional power TO authorize pro-
vost marshals, after drawing the name of a
freeman from a wheel and serving him
with ten days notice, to seize and drag
him before a court m artial for trial under
military law This question touches the
foundations of personal liberty.
In June, 1915, the Barons OF England and
their retainers, ga numerous host encamped
upon the grassy Plain of Runnymede," !"
wrung from King John that Great Charter
which declared, among other securities OF
the rights and Liberties of Englishmen, that
''no freeman shall be arrested, or imprison-
ed, or deprived of his freehold, or his lber-
ties, or free cnsioms, or be outawed or eS-
lied, or in any manner harmed nor will
we (the Kinsl proceed against him, nor
send any one against him by force of arms,
unless according to The sentence OF his
peers (Which includes trial by jury) or the
common law of England" Here was laid
race TO which we belong. And yet not
here, for Magma Charia created no rights,
but only reassered those which existed
/ long before at common law. II was for the
most part, says Lord Coke, merely declsra-
tory of the princi pal grounds of the funda-
mental laws of England Far back of
Magma Charta, in the customs and maxms
, of our Saxon ancestry, those principles of
liberty lay scattered which were gathered
! together in that imortaI document, which
four hundred years afterwards were again
reasserted in two other great decIaratory
statutes, "Tbe Petition of Rights" and "The
Bill Of Rights" and which were transplant
e6 into our Declaration of independence,
the Bill of Rights 10 our State Constitution
and The Amendments 10 our Federal Consli-
tuition, and which have thus become the
heritage OF these plaintiffs. Says the 5th
Article of these Amendments "No person
shall be held 10 answer for capital or
otherwise Infamous crime unless on a pre-
sentiment or indictment of grand jury,
except in cases arising in the land or naval
forces or when in the militia when in actual
service in time of war or public danger F"
What is the scope of This exception The
land or naval forces mean the regular mill
tary organization OF the Govefnment-lhe
standing Amy andnaVy-lnlo wnlcn clllZens
are introduced by military education from
boyhood or by enlistments, and become. by
their own consent, subject to the military
code and liable TO be tried and punished
without any OF the forms or safeguards of
the common law. In like manner the
militia when duly called out and placed
sin actual service" are subject to The rules
aud articles OF war, all their common law
rights OF personal freedom being for The
lime suspended But when are miliiiamen
in actual service When they have been
notified OF draft Judge Story in speak
ing Of the authority OF Congress over the
militia says : "The question when the
authority of Congress over the militia be-
comes exclusive, must essentially depend
upon the fact when they are to be deemed