The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1863-08-19
From the Washington Chronicle
THE ECOSsITUTIONALITY OF The CON-
SRIPTION LAW


The disposition manifested in New York 70
oppose tie conscription or draft, makes il proper
for the 'oyal press TO examine anew the nature
and authority of the Law enforcing IT, 1t has
been denounced as unconstitutional, but with
out truth or justice. The law does not rest. e
has beer alleged, upon those clauses OF the Con.
sttaiiou shich authorize the Government il
certain cases TO call 10 its aid the militia Of the
several States but upon other grants Of power
made IN hat instrument entirely distinct from
those relating 10 the militia. the Constitution
expressly vests il Congress the authority to
' raise and support armies" to provide and
maintain a navy" 10 /" make rules for the gov
ernment and regulation OF the and and naval
forces" and to - make all laws that shall be
necessary and proper for carving into execu-
tion the foregoing powers, and other powers
vested by the Constitution in the Government of
the United States, or in any department or Off
Ger thereof Ii j. obvious that these grants OF
power give TO the Government complete and ex
clu-ive control over the raising supporting and
regulating OF ali army and navy, with the single
exception that no appropriation OF money for the
army can be for longer time than two wears
They also give TO Congress the power TO Judge
and determine what means are " necessary aud
proper for the raising Of al army, whether By
volunteers or by a draft, then as 10 the exemp-
tions, the mode Of enforcing it, &c Nor is Con
gress limited to those means which might be
considered indispensably necessary, but may
choose between the various means 70 the pro
posed end, and adopt such as in its judgment are
best adapted at this time, and in the present con-
dition Of the country, to secure the raising, suo-
porting, governing, ard regulating an army suf-
heient 70 put down the rebellion.
r.frf haa fr1a.d aaffiad kx D.,
highest authority Of the land, the Supreme Court
OF the United States. In the case OF McCulloch
IS the State of Maryland, referred to recently in
our columns in another connection, Chief Justice
Marshall held this language THE sound con
structOn of the Constitution must allow TO the
National Legislature that discretion with respect
20 the means by which the powers it confers are
10 toe carried iutO execution, which will enab e
thai oOly 10 perform the high duties assigned 10
lt IN the manner most beneficial TO the people
=
Where the law is not prohibited, and is really
calculated 70 effect any o. the objecIs entrusted
10 the Government, to undertake here to inquire
into the degree of its necessity would be to pass
tie line which crcumscribes the judicial depart
ment and TO tread on legislative ground This
court disciams all pretentions to such power
And what is still more to the point, the Court
further said:
No trace is to be found in the Constitution
Of al intention to create a dependence OF the
Government OF the Union on those of the States
tor the execution OF the great powers assigned
TO Il. Its means are adequate to its ends, and
on those means alone was it expected TO rely for
the accomplishment OF its ends. To impose on
it the necessity OF resorting 10 means which il
cannot control which another Government may
furnish or withhold. would render its course pre-
cariOus, the result of ts measures uncertain, and
create dependence on other Governments which
might disappOint its most important designs, and
is Incompatible with the language of the COnsti.
tuition"
Judge RyersOn, Of New jersey, whose argu
ment, and almost whose very words, we have
followed in this article, remarks on the above
language of Chief Justice MARSHALL The quo
tstion is just now peculiarly appropriate, when
partisan members of Congress and party newspa
pers gravey tell Us that the Government cannot
raise an army without the agency and aid of the
State governments. We might as well be told
that the same agency and aid are necessary tC
provide a navy"
The decision of the Supreme Court Of the
United States, whose decisions all loyal citizens
have hitherto Obeyed, has never been reversed
or even questioned in Court
The constitutonahty of the law then being
placed beyond question, it should be cheerful,
Obeyed By every citizen, and must be obeyed
whether cheerfully or not.