The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1863-08-11

character oil our d0vernmenf, and the exiet-
ewo distinct and separate sovereignties, with
10 the same territorial space, each OF them
restricted in its powers, and each within it's
sphere Of action, prescribed by the Constitu
ton of the United States, independent of the
other. But after the return IL made, and the
State Judge or Court judcialy spprised that
the party is iu custody under authority Of the
United States, they can proceed no further
They know that the prisoner is within the
dominion and jurisdiction of another Govern.
ment, and that neither the writ of habeas
coryus, nor any other process issued under the
State authority, can pass over the line Of di-
vision between the two sovereignties. He is
then within the dominion and exclusive juris-
dictiyn Of the United States. II he has
committed an offence against their laws, their
tribunals alone Gao punish him. II he is
wrongfully imprisoned, then judicial tribunals
can release him and afford him redress. And
although, as we have said, it is the duty of
the Marshal, or other person holding hin, to
make known by proper return the authority
under which he detaips him, it is at the same
time imperativey bis duty to obey the pro-
cess Of the Uuited States, to hold the prisoner
in custody under it, and to refuse obedience to
the mandate or process of any other Govern.
ment And consequently it is his duty not
to take the prisoner, nor suffer him to be tax.
en- before State Judge or Court upon ha-
beas corpus issued under State authority. No
State Judge or Court, after they are judicialy
informed that the party is imprisoned under
the authority of the United States, has any
right TO interfere gitb him, or to require him
to be brought before them. And il the au-
thority of State, in the form of Judicial
process Or otherwise, should attempt to con.
troll the Marshal or other authorized officer or
agent Of the United States, in any respect, in
the custody Of his prisoner, it would be his
duty to resist it, and to call to his aid to any
force that might be necessary to maintain tho
authority of law against illegal Interference
No judicial process, whatever form it may as
sumo, can have any lawful authority outside
of the limits Of the jurisdiction of the Court
or Judge by which il is issued; and an attempt
to enforce il beyond these boundaries is moth
ing less than lawle violence" 2l Howard
S. @. R, 52a-4.)
Now, that was the law which the Supreme
Court Of the Uuited States announced in or
der to carry into effect the most Infamous
statute ever passed in this or any other coun-
try-tbe Fugitive Slave act of 1880. Dem.
!ocratic papers and politicians exullod over it
then, when IL was meant to consign to pris.
on citizen whose only crime was that he re-
fused to be an accomplice to slave hunting
under the law. They may not welcome it
now, when it serves to enforce law vital to
the safety of the Republic, bot they must
accept and obey it.
CoNsrITUTIoNALITY OF THE DRAFT.
We will nezt consider the constitutional ty
Of the conscription. The cry of the uncon.
stitutionality OF the draft is SO persistently
made by tie Copperheads and Rebel sympa
thizers that not unfrequently loyal men, and
law abiding men, are found almost ready to
bend before the camor, and half believe there
is really something in the objection. For.
tunately on this question, there Is no nice 10.
gal point that may require the acumen Of the
judiciary to determine, as in the legal tende
question. The power is so plainly there, that
hone but captious man or rebel sympathzer T
would over think of making such an absurd
objection.
Section of Article 1st Of the Constitu-
tion is divided into seventeen subdivisions
The llth subdivision provides that Congress
shall have the power "to raise and support
armies" The 18th subdivision gives power
"to provide and maintain navy"
The 18th subdivision gives Congress pov-
er "lo make all laws which shall be necessa.
ry and proper for carrying into execution tn e
foregoing powers"
No power is given here to the Presi lent
to raise armies, but it is given TO Congress-
Congress has passed the laws that that they
deem necessary" according to subdivision
lHtb. Not one word can be found in the
Constitution fixing the number Of men in eli
ther the army or the navy, nor the time OF
service. That if left to the representative OF
the people, when assembled in Congress. 1t
is asserted that this power to raise ar
mics refers only to what is known as the
" standing army" This is a mere assump-
tion. The term "standiDg army" nowhere
appears in the Constitution. The standing
army is but the creature of Congress, erected
under the above powers. The same Congress
may make the laws which will create a stand.
ing army, a volunteer army, and a drafted ar
my. The words, "to raise and support ar
mics I" are the most sweeping that could by
any possibility have been chosen, and stand
unqua ified in their bold and hacked power
Congress only can give power, by making the
laws which shall be necessary and proper
for carrying into execution such power.
The 14th subdivision Of the same sectior
says that Congress shall have power "to pro
vide for calling forth the militia to execute thu
laws Of the Union, suppress Instructions, and
repOl invasions."
There is an additional power, but it 10 nc
manner abridges the other power above re
fered to. But this section does not say tn,
militia of the States. The word or the idei
. State" is an interpolation. AT that time
it was expected thai the militia would be or
ganized under United States laws, and woult
be militia of the United States.
This is evident from the next, the 18th sub
division, which says that Congress shall "pro
vide for organizing, arming and disciplininI
the militia" Congress never has done this
but left the militia organizations wholly tt
the States. There would be much more sens
10 clairing that the General Governmen
could net call on the State" militia. Tha
having neglected to aprovide for organizing
aud arming the militia" there is no organizes
militia for them to call on. The whole drill