Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1863-07-18
From the New
From the New York Herald.
The COnscriptiOn Law Uaconsti tn.
nonaI-important Case before y Judge


In the matter Of the complaint against VIM
L. Stephens. an enrolling officer, who arrested
Henry Blesel for an alleged resistance TO the
draft in refusing To give his TO the said en-
rolling officer, and which has been before Judge
McCunn tor the past week was decided by the
Judge Yesterday afternoon The facts of the
care were found to be "a follows That Stephens
together with one Dodge entered into the shop
kept by the father of the complainant. on Seventh
avenue. where they were at work: that Stephens
demanded his name. which he did not refuse To
give, and that while he was endeavoring 10 get
him card npon which his name was written
Stephens seized him, handcuffed him. and acted
in n violent manner drawing pistol and threat
enins to shoot his father. lie then locked Diesel
up all night in the Park Barracks
Judge McCunn held on this state of facts: First.
that the arrest "A violation of the Second Re
vlsed Statutes. page s74, sec | fourth edition.
which makes il a misdemeanor for any officer or
person pretending 20 be an officer. 10 arrest any
person, or detaln any person against his will
without legal process or other lawful authority
therefor. And. secondly. thai the provisions OF
the conscripton law. passed March ,, 1863 did
not protect him, for, under the 25th section Of
the act, Il was no ofenSe 20 refuse Ia givea name
to the enrolling officers But apart from this
Judge McCunn i ct the opinion that the entire
act is clearly unconstitutional for il not ONLY Vi
/ tncuon am0ns the citizens, but IL is in direct
contraveniion of the l4th and 9Th sub divisions
of section Z. ot article /, of the Constitution
of the United Sta.es The Constitution
in authorizing Congress Ito raise and
support armies. provides only for the stand
ing armies at the country, and not for the vOlun
teer and temporary forces which any emergency
may demand. because the fourteenth subdivision
OF tie eighth section of article |, authorizes Con.
Z - FIR llfpr tha
execute the luws Of the Union suppress insurrec
tons and repel invaSiOnS And article III of
the amendments provides: "A well regulated
militia beng necessary TO the security of a free
State the right of the people to keep aud bear
arms shall not be infrnged And f.r the pur
pose of using this militia force the President is
not only made the commander in chief OF the
army and navy of the United States but also of
the militia OF the several States when called into
the actual service of the United States And.
therefore. a this conscrption law does not MAKE
the force II creates militia force OF the States
nor is it part OF the standing armies OF the United
States. it j. clearly not authorized by the Const
tuition
The standing army OF the country could be In
creased los an act Of Congress AMI the sub
division referred 20 authorizes Congress To pro-
viie the means for raising IL. but Congress. neg
lectiug ia DO this the only force the President j.
authorized 80 use, exclusive of the regular army
and navy. ! the militia and volunteer forces con
trihutei by the several States when called mon
The Judge deeply regretted that the people had
not mad patience ami patriotism enough. under
the operation Of the conscription law 20 wait IN
al the courts had fully deter mined this question
That the courts were able and equal 10 the duty
of sustaining the rights ot the citizens: aud il
was through the courts alone that their ri shts and
safety in the end were fully and properly pro
tectcu
Stephens was held to bail IN the sum Of FIVE
thousand dollars
John SedgWick. E-q. Ex.Assi.iant District
Attorney. appeared Tor Stephens and Nr G. c.
Leeds for the prosecution