Democrat and sentinel. [volume] (Ebensburg, Pa.) 1853-1866, 1863-11-25

than the misnomer which the act so stu
diously applies to the militia-some rea-
son that deserves 10 stand instead OF
Magma Charta, our Constitution, and all
our traditional freedom.
The only general reason that have
ever heard suggested, and which Is ap-
plicable against all the views advanced IN
this opinion, is called military necessity.
The country is involved in a great civil
war which can be brought to an honorable
close by an energetic use OF all our re-
sources, and no Restraints should be toler-
ated, in such circumstances save cnly
those which christian civilization has i'm
posed on all welfare. Whatever IS ac-
oording to tho Constitution, the argument
claims, may be done, of course-what-
ever is over and beyond the Constitution
is justified by military necessity, and OF
that the President and Congress are eH-
elusive and final judges
The amount of the argument Is that
the exigencies of the times justify the
substitution of maatial law for the Con-
stitution. But what is martial law
Black stone and Sir Mathew Hale tell us
"it is built upon no settled primer
pies, but is entirely arbitrary in Its de-
cisions, and is in truth and reality no law,
but something INDUCED rather than al :
lowed as law" The unrestrained Will o.
one or a number of men, then, is the rno ,na
which the argument substitutes ,once lo
Constitution. 1t is of no con snaa low
that the will thus set up for sup 81 ,ha
is that of men whom q m'yo myI, -
naople have chosen, because "'I'ioi, ~
our system the majority can only choose
~ = aa,.;n;s,or the Constitution as 1t
:. .,-;,,a, Waiorities, as power recoS-
"iiIn' ~ have no more right to es-
M. No. " dsspotism than minority would
o" .ut may majorities or minorities
nave ;Js the Constitution under pressure
a.beIlion and insurrection AS the
%onstitution anticipates and provides for
such calalnities, it is a reproach to its
wisdom to say that is inadequate to such
emergencies. No man has any historical
right to cast this reproach upon it No
current experience proves it. 1t never
can be proved except by an unsuccessful!
use of the legitimate covers of the Con-
stitution against rebellion, and then the
thing proved will be that the instrument
needs amendment, which its machinery is
flexible enough to allow. Even such a
melancholy demonstration would do more
than point out necessary amendments-it
would not surrender the people to the ar
bitrary will of anybody. Presidents and
congressman are only the servants of the
people, to do their will not as that will
may be expressed under passion or excite
ment, but as it stands recorded In the
Constitution. It is the Constitution, in
deed, which makes them Presidents and
Congressmen. They have no more power
to set up their will against the Constitu-
ton than so many private citizens would
have. Outside of that they are only pri.
vate citizens.
I do not Therefore, feel the force of the
argument drawn from the distressing cir
cumstances Of the time. Bad as they are
we make them worse by substituting ar
bitrary power for constitutional rule; bu
If we made them better and not worse
the judicial mind ought not to be ex
pected to approve the substitution, for i
recognise no violation Of the Constitution
as legitimate virdication of the Consti
tuition. To place ourselves under despoti
sway in order to bring back rebels TO tn
Constitution we have given up, is a pro
ce1ure that perple1es the student of po
hticai science, and will quite confound til
historian of our times.
There are other feature of the conscrip
law that deserve criticism but not to ex
tend my opinion farther, l rest my oh
jsctions to its constitutionality upon thes
grounds:
1st That the power of Congress t
raise and support armies, does not includ
the power of Congress to raise and sup
port armies, does not include the power t
draft the militia of the States.
I'd. That the power of Congress to ca
forth the militia cannot be exercised in th
forms Of this enactment.
Sd. That citizen of Pennsylvani
cannot be subjected to the rules and art
cles Of war, until he is in actual militar
service.
4th. That he is not placed in such az
tual service when his name has been draw
from wheel, and ten days notice ,heret
has been served upon him.
For these reasons am for granting Il
injunction.