The Highland weekly news. [volume] (Hillsborough [Hillsboro], Highland County, Ohio) 1853-1886, 1863-04-09

1 RIL 20 10p0, n n
eeivo how language could make this
more clear. ai The Olaaiso last qaoted
gives to Congress, the sole and exclotI
sive power OF judging and determining
what means are ''hecessGry and prop,
er" to raise an army, whether the old
mode Of enIistmentin theregdlar army,
praotised in times Of peace, or by volun,
tecEs or by draft; and if by drnft, :.
Who shall be sxem pied, and who not.
and Sll the iaeidc atal details Of carrying
IL idto effect, and enforcing il, together
with the pains aud penalties for attempt.
ed resistance. In raising ana army,
Congress is not limited to those means
which might b. co nsidered absolutely
necessary, but may exercise sound
discretion, and adopt such means as it
considers best adapted at this time, in
che present condition Of the country,
to secure the end proposed, viz: raising,
Supporting, governing aud regulating
an army sdficiehtto qusll the rebel.
lion. Uosdi Us a-7I, cls.gugy 5bam "A
This construction of the Constitution
has been settled BY the highest ahthor-
ity, the Supreme Court Of the U. s. the
court Of last resort, and expressly ap. ..
pointed to settle all such sconstitutio o al
questions The leading case is McCuls
looh ,1vss State Of MarylandTd4 Wheat
toa's u. s. Reports, 3l6, decided in
t1915; 5;when Narshaihwas Chief ] ustice,
sarfounded by fitting associated, con.
stituting aacourt rarely Oqualsd,f never
surpassed. tFle prepared the opinion,
clear, exhaustive and couclasive, in
which all his associates On h6arred, and
beg to quote some brief extracts, re-
GREETING that the limits Of newspaper
article forbid more He saysaoi1U II,
1--WE admit asall must admit That the powers n the
lGoTernmeut limitad and thai its nhtsAre not
lbetranscchded. But think the sUnnd construction
ofthe Constitution must allow to the national legisln
thopowers tcpnfes to be carried into cSecion,
which win enable that body 10 perform the itgh du-
Ipeope," -' 5t- -"
Again he says:
'Dnt where the law Il not prohibited and ia really
calculated TO effect any Of the objects ntrusted TO the
to inquire into the degree oft necessity.
would be to the line which circumscrJes the judi.
cia department. md TO tread on legislative ground
This Court discaims all prctensions to such power"
Surely if that Court has no such pow
or, even whilst exercising its power Of
revising laws, and deciding upon their
constitutionality, it does not become
private individuals TO assume powers
disclaimod by so exalted tribunal
But this is characteristic of tho age,
particularly of Young America; our
land is filed with men wiser far (in their
own conceiD than Marshall, Story, and
Ethcir associates, Again be says: e
'NO trace is to befonnd in the Constitution or an IN.
cntiUn TO create dependence of the Government Of lie
Union those of the States, for tho execution Of the
great powers assigned toi Its means adequate
Its ends, and on thosemesns alone II expected to
rely for the accomplishment Of its ends. To impose
the necessity Of resorting TO means which 10
SGH[b" wHT wo rg may rnh
OF its measures uncertain aud create dependence on
other governments which might dsappoint its rosS
important dHhgns and is Incompatible with the Lam
gnage ofthe Constitution" ,1Ha7. K Il 70
2 This last quotalion hits the nail on
the very head. andclinches ittoo, and OF
this time ought to be written in letters
OF gold, now that wo are told our Ma
tional Government cannot raise an
army without the agency or aid of the
EState Governments, the true South Car
olina theory, parent of notification, and
rebellion, exalting tho State a, tho ex
lpense Of the Nation; holding State au
{thority paramount, and National sub
lordinate. ,usI ,1osliW gst 81
I Among the great powers assigned to
tGovernmsnt, mono is greater or more
vital than that of "roising or support.
ing armies" and let every one corefully
read and popder what the Court says in
this last quotation, apply it to the act in
question,q and then say ifho can possi-
bly, believe that Che Wiso Trainers Of our
Cohstitutiob could have for on slmomon ont
ihtshdsd tOacroate a. dependence Of tbs
GoKernIneRt of tho sUBi6n on those ei
tho States, = Got the execution of this
uiost Vita powered bogom isomla -
,'aThis decisionDhas mover been reversal
oraqrestionsd 10 that Court OF 10 any
other that Iknow of aand is to-day III,
law of tho land and itWohld be a vast,
hof time 'tocits III O namoro us. and emf i
psnt eorrOboratiHg dpiniohs aud Idccis
ionSsi'l 7isdi 10 isi1i sdi asdu VI
bsThoas Shoodsp y thu csDstitution o a lit,
1 of thoIsWi us sum 4 bat It sde pends5u poi
I those olansss Of the Cons stifution qnotei
babove, .an6 numbered tsahd s, abut thi
is manifsst y an Ierroueons Riew!o At
tar giVin gdO tho GOvernme Mt the, pow
isrtOf deela uidg war, orsraising and SUB
Fnortns aprniesi providing ahdlmaia tain
ing navy and NAL kin q rules for voveyn