The Bedford gazette. [volume] (Bedford, Pa.) 1805-current, 1863-11-27

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forces, another term as will be seen for Nation
al armies, and it requires each individual so en-
rolled, to answer end report himself, wheI
drawn, to the military officers of the Fedora
! Government, under the pains and penalties pre-
scribed for desertion. If this is not takin!
possession of the entire materel of the militia ant
consequently the militia itself bodily, 1 canno
comprehend the meaning or effect of language
The direct object of the act is TO constitututt
the National forces of the same materiel as that
| which constitutes the militia of the State, ant
for that purpose Federal enrolment is made
and portion so enrolled. and drawn from the
| wheel and separately and Individually trans
ferred to the army of the United States to be
commanded not by State, but by United States
officers. They are henceforth not militia men
but regulars. They are to be carried into the
army under the power granted to Congress ''to
raise and support armes;" not under that 9TH
er power which authorizes Congress ''to provide
for calling out the militia to execute the laws,
suppress insurrection and repel INVASION" II
called out in this capacity, it would be done by
requisition of the President upon State author
tiles, at least, upon State military officers, and
then the militia would come forth in organized
bodies, not as individuals, and be ofIicered by
State authority. This is widely different from
directing the Federal authority to each individ-
ual-to conscript him in his individual charac-
ter. and to compel him to serve not with State
contingents and under State officers, but under
Federal or army officers.
In short, the provisions of the Act incor-
porates into the Federal armies, the entire ma
terial constituting the militia, by directing their
authority to them individually, without re-
QUESTION on the States, and without any power
in any State to appoint single officer to COM
mand them, although the entire force was, by
the Constitution to be when called into the SER
vice of the United States, under the military
officers of the State. Such an Act, disregard
ing such plain provisions of the Constitution,
is certainly unconstitutional, if such thing be
possible, at all of any act of Congress, and this
view if correct, establishes conclusvely the lin
itaton or the power to raise and support armies.
Those enrolled and not drawn out of tn G
wheel at the first draft, remain subject to be
called out afterward. They are the uaemp ioyed
national forces, and are declared to be subject
to be called into service under the plan of the
ing the enrolment, to serve for three years or
during the war. It is true, when called into
service, the act says they shall be 'paced on
the same footing in all respects as VOLUNTEERS in
cluding advance pay and bounty, as is now
provided by law" / presume it is not meant
by this, that the conscripts are to elect their
own officers. But even if this were so, it would
be no less adeprivation Of the right ofthe States
to appoint the officers of their militia, and
for that reason.
As the enrolment or conscription into the ma
tional forces for two years, although unem ploy-
ed is nevertheless an incorporation of them with
for that period from the control of the States
The act would be worth nothing if the States
might resolve that this should not be. The act
of Congress is supreme or it is nothing IF it
be supreme then the enrolled men can be and
are directly under the federal authority all the
time, and thus every citizen or enrolled person,
in or out of service, may be liable to be con-
trolled by military law all the time, if Congress
chooses. Can this be possible! What is to be-
come of the States and their sovereignty, mat
ter often sneered at, but among the most distinct,
of the constitution. One portion of the militia
conscripted and actually in the field, the balance
conscrpted and not yet in the field. but su bject
to the military authority of the United States,
where are the military and where is the securi-
ty of the States against being entirely absorbed,
and against invasions of the public liberty by
the national authority, which the writers of the
Federalist thought existed in the militia! 1t is
neither in. the field, nor at home, it is abolished.
Apprehensions doubtless, of just such an en-
actment as this now under consideration super
induced the introduction of the Bill of Rights
by amendment and consent of two-thirds of the
States, in which is the declaration that. ''awell
regulated militia being necessary to the securi-
ty of free State, the rights of the people to
keep and bear arms shall not be infringed."
l contend that the act of Congress under
violates this declared right, by alb
sorbing the militia into the army, as contra-ds-
tinguished from the militia; by taking all the
material which constitutes the militia and call
ing them out Individually without requisition on
the States. and placing them under officers not
chosen by the States. 1at
1t disregards the organization of the militia
"'to5SIiiSA, iioe oHiy AZ PioNiutS oep''o 'h'''i
militia officers but in its total disregard of State
regulations and exemptions. Heads of depart
ments of the States, judges of the several courts,
ministers of the gospel, professors in colleges,
school directors arc exempt by our militia law.
But the mode adopted for calling out the for
,es of the country, disregarding the militia sys-
tenn, disregards all these. These were within
The militia, butas the militia itself is overthrown
by the Act in question, they fall with it. tits
possible that this power may be exercised, and
the States live through it, but although they
may not fall, their foundations will be fatally
'apped, and if the precedent remain, it will in
lime become the authority for their extinction
The Constitution authorizes Congress to pro-
vide for calling out the militia to suppress in
surrections and repel invasions." During the
whiskey insurrection in this State, President |
Washington called upon the militia for this pur-
pose. by a requisition on the Governor, and in