Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1863-11-25

sequent clauses, concerning the militia,
absolutely forbid it.
II the very improbable case be suppo-
sable, that enlistments into the Federal
armies might become so numerous in a
particular State as sensibly to inip pair its
own proper military power, it is not much
more improbable that the States meant TO
confer upon the General Government the
power 10 deprive them, at its own pleas
ure, altogether OF the militia, by forced
levies Yet this might easily happen il
the power Of cunscriplion be conceded to
Congress. There are 10 limitations ex-
pressed-nothing to compel Congress to
observe quotas and proportions as among
the several States -rothing to prevent
their raising armies wholly from one
State, taking every able-bodlei citizen out
OF IL TO the endangering, ii not utter un-
doing, OF all It's domestic interests.
Aud besides, ii We cOnCede this danger.
Gus power to the language OF the 18th
clause, we destroy the force and effect OF
the lG.h and l7th clauses We make the
il stTumcnt selfdestruclive, which is vio
lalive Of all canons OF construction. Con.
gress shall have power 10 provide for cal
ling forth the militia in the manner and
subject 10 the limitations prescribed IN
clauses l6 & II, and therefore argue Con
gress has not the power to draft lLem-
Is an expressed rule Of the Constitution
to give way to an implied one? lfthe 18th
clause cOnfers power to draft the militia
the words of the 10th and l7lh are the i'd
les. that were ever written. But if the
18th conveyed only power TO enlistyolun
teeTs, then the subsequent clauses become
intelllgible- stand we'll with the 18th, and
add essentially to the martial faculties OF
the Federal Government. Look at those
clauses. The militia are called forth tC
execute the laws OF the Union, suppress
instruction and repe invasions, to be or
ganized, armed and disciplined by the
State, but according 10 the laws OF Con
gress, such part Of them as may be EN-
p,Oyed in the service of the United States
are to he governed by the President hu
otlicered by the respective States. Nov
this conscriptiOD law recites an "eXisltng
;nsurreolion and rebellion not for calling
forth the militia under the above provls
ions, but for drafting into the service o
the United States. The very case has oc
Cured in which the Constitution says The
militia shall be called out under State Of
fcers, but Congress says they shall be
drafted in contempt of State authority
Gen. Washington and the men OF his day
did not so read the Constitution when II
suppressing the whisky Instruction II
this State, they paid the most scrnpuIou
regard to the rights and powers OF the
State. Under the pressure Of a tOregl
war, a cons1ript bill was reported in Con
gress in 1914, bot it did not pass, and if i
had, it would have been no precedent TO
this law. because we are dealing with the
insurrection, and insurreciions are spec
tally provided. When a Slate is called oi
for its quota OF militia, 1t may determine
by lot, who of the whole number Of its en-
rolled militia shall answer the call, anC
thus State drafts are quite regular; hut q
Congressional draft IL suppress taSUTccti0J
is an innovation that has no waTan! It
the history or text Of the Constitution
Either such law ar the Constitution mus
be set aside. They cannot stand to
gether.
And, happily, no i'll consequences car
flow from adhering to the Constitution =
Tor the standing army ofthe Federal Gov
eminent, recruited by enlistments IN tn
ordinary way, with the State militia caile'
forth according to The Constitution, are
force quite sufficient to subdue any rebe
lion that is capable Of Icing subdaed b.
} force of arms. Such a formidable force
! wisely welded, in connection with apateI
nal and patriotic administration OF all ojL
er constitutional power, will Fever IAN L
put down refractory malcontents, and pre-
serve peace and good order among th
American people. This couscrIpt law
therefore moi sanctioned by the Gonsitu
ton, is not adapted 10 the eNigencles
the times, nor Likely to have succesa as
war measure.
In it's political bearing even, more tha
; in its military aspects, it Is subyersive
the Constitution and Of the rights of cit
{ zeus that depend upon State authority.
= A few thoughts will make this plain.
is impossible to study our State aud Fec
= eral Constitutions without seeing no
r muniiestly the one was designed to guar
5 and maintain the personal and ociaI rgh
OF the citizen 1.-The other 10 take care
: his external relations.
/ Nature, education, property, home, wifi
J and children, servants, administration
' goods and chattels after death, and
+ graveyard in which the State provid
+ civil authorities, ana back of them th
I posse comitahs and The military, to NAL
the civil administration eiectual. No'
/ if the principle be admitted that Congre
5 may take AWAY the State militia, who do
s not zee that the ultimate and final seoul
i ty Of every mans domestic and person
Z rights is endangered. To the extent del
e gated 10 the Constitution nobody qat
e tions the right of Congle ess to control Il
+ State militia, but if TO the extent to whi'
! this enactment goes the States will be !
o duced to the condition OF mere counties
+ a great Commonwealth, and the citiz'
d of the State must look to the FEEDER
Government for the enforcement Of all j
domestic rights, as well as for the regGI
o ton OF his external relations.
b The citizens of the States need prote
Is ton from foreign foes and Indian tribes
Il peaceful Intercourse and commeree VA
" all the world-a standard OF values and
II weights and measures that shall be cot
of mon to all the States, and a postal syste
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