Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-11-14

forced oonscriptions SfItsnf forces, Hsd met
with the disfayor Of the English nation aDd I'D
led to preventive statutes. 10 l704 and aga In
In 1701 eonscrip.ion bills were attempted 10
Parliament but laid aside as unconstitutional
During the American revolution statute, ~
Geo. III G. III, permitted the impressment Of
"ldle and discrderIy persons not following any
lawful trade, or having some substance sufi-
cient for their subsistence" and this was as far
eFal Consultation was planned. Aasuredly the
, frAmers OF our Constitution did not intend to
! subject the people Of the States to system Of
conscripton, which WAS applied In the mother
country only to paupers and vagabonds. On
: the Tary l infer, that the power conferred
on Congress was the power to raise armies by
the ordinary English mode Of voluntary enlist
ments. ii,i t9tp u a,lt !.
The people were justly jealouso Of standing
: armies. Hence they took away most of the
, war power from the Executive, where, under
monarchical forms it generally resides, and
vested 10 in the legislative department, in one
branch Of which the States have equal repre-
sertstlon, and 10 the other branch of which the
people of the States are directly Represented
accordiDg to their numbers. ioTo these repre-
sentatives Of the States and the PEOPLE, tbis
power Of originating war was committed, but
even In their hands IL was restrained by the
limitation of biennial appropriations for the
support OF the armies they might raise. OF
course, no army could be raised or supported
which did not command popular appsobation,
and II was rightly considered chat voluntary en-.
listments would never be wanting to recruit the
ranks OF such an army. The war power, e1-
listing only for the protection of the people, and
left as far as 1t was possible TO leave IL in their
own hands, was incapable of being used without
their consent, and, therefore, could never Ian,
guish for enlistments. Z. They would be ready
enough TO recruit the ranks Of any army they
deemed necessary to- their safety. Thus the
theory Of the.constllntioni placed this great
power, like allosheF governmental poWers, d.
rectly upon the consent Of the governed.
, The theory itself was founded on free and
tulate Of the constitution. II the patronage
and power Of the Government shall ever be en-
!, ployed TO control popular elections, the nomi-
nal representatives Of the people may cease 10
be their real representatives, and then the
armies which may be raised may not 60 com
; mand public confidence as to attract the neceg-
sary recruits, and then conscript laws and other
extra constitutional Iexpedients may become
necessary to fll the ranks. Bot governmental
Interference with popular elections will be sub.
version Of the constitution, and no constitutional
argument can assume such possibility.
Supposng then that the people are elways to
. be fairly represented in the halls of Congress,
maintain that 1t is grievous injustice to them
, to legialate on the assumption that any war
honestly vaged for constitutional objects will
not always have such sympathy and support
from the people as will secure oil necessary en-
listments, Equally upIust 10 their intelligence
:, 10 1t to suppose that they meant to confer on
IA kha IN thn,. sy,kr
. war which they could not approve,
When to these considerations We add thu
u ability Of great country, like ours, to stimp
so.d aau &c rena,u sn'sssn na posa ~ nome az.
, abroad, by pounties, pensions and homesteads
= ss ven as py pohnGai patronage In counties
I. !ofms' we see no. n.ne necessary OF Wsrrah
snero u n9,s ,or ,m9P,yins r tAn'or 'ne impefia
n P'Wer {" oop'osipHop'sJ J'oIa' hrI. mos s.l
There 10 nothing In the history of the Consti
a tuition nor An thoae excellent contemporaneou
papers, called the federatisf to Justify the upih
n lon that this vast power lies wrapped up In tht
few plain words OF the 18th clause, whilst u,
subsequent clauses, concerning thamilitia, abSo
lusely forbid :=rlzg'zes,sr sE'i.
4 If the very improbable case be sunnosahIe
' that enlistmenta into the federal armias migb
!. become 90 numerous In q paftienlar State \
:. sensbly TO impair its ovnprope, milItarv NOV -
!. liz IL not otmuchlmbkaiMb bfobatiS tbai IA so, -
! meant to confer upon Me General GovernmsS
n the power to deprive them, at lie own nlaasure
Il altoke.het of the iiilits nv forced leyesf W.
! this might easily happen IL the novar of con
n seription be oonceded 20 CoprreaA Tbs,s a ;,
no limitations expreuged- 10 com ~
n Congress TO observe orIotas and nrono,tiona !,
A. among the several States-nothipg to nrowsn
:. their raising armies wholly from one Sta,a
sttsklng eyery abIe-bodied citizen ont oi n ~ M.
. and saeerIns.i m not utter nndoing ~ III ~
: tdomestic ifIterests.A wv" y
= An5 5hau,dsSS, M - ss,ss "a, .ssa
- isn ~ ~ I,a vsis aangerout
~, - ~, issc ~ elAuSe, W.
ISsh z. 7tb w. Hulas ol Ine
nan. % ssississ,,asssve h;cb ano y A;., sae lnsTu
81 fcSnst,nc., "Sn Cn,m - so'sys sS. o. ~
70 nsovids ~ sos,h ~ shall haye
H. nannp, and snh,ssi ~ H.. ao'I sue WILLIS 70
!, ,a.,had in o,ausoo ISes,J ~ 7o In n.snons pre-
.nna cnn1rass bas ~ 49, auu 'ne,e'ose,
hsu" '' Ia s. o,n.ss. III S.i 'ns pows. 70 urai
aIvs Hsv ~ .o an ,wytts on.a s1e ~ .h npS
oIsS.e contsrs noves tp Sssf. sho .,;,;,Vo 'r
! ~o,ds of The i6th ndiT.h 'n1 ni.n.a. ms, .he az
iSsst tSal ws,s av., w,i.,an ps ~ sse ,Ss @
. confsrrsd onIv the poWar 10 Isn,Iss xe,rn,o."-
tSsn tia ssnne1t a,ss,sss Sssn,oo vnrn ;osa
~ iiribt weI vith ths iSsS snd ~! IA
s.,.Il,, ~ ~. ~ snr HSu ~