North Branch democrat. [volume] (Tunkhannock, Pa.) 1854-1867, 1863-12-02

Ijects will not always have such sympathy and
support from the people as will secure all
necessary enlistments. Equally unjust to
meant to confer on their servants the power
to impress them into a war which they could
not approve.
When 10 these considerations we add the
ability of a great country, like ours, to stimu-
late and reward enlistments, both at home
and abroad by 5ountics, pensions and home
steads as well as by pol;t ical patronage in
countless forms, we see how little necessity
or warrant there is for implying a grant oi-
The IN rberial power Of coHscriptIon.
There is nothing in the history Of the Con
stitutlon nor in those excellent contempora
neous papers, called the FederalIst, to justify
the opinion that this vast power lies wrapped
up in the few PLAN words of the 18th clause,
whilst the subsequent clauses, concerning the
militia, absolutely forbid it.
IL the very improbable case be supposable,
| that enlistments into the Federal armies
might become so numerous in particular
.
military power, is it not much more imprpb
able that the States meant to confer upon the
General Government the power to deprive
them, at Its own pleasure, altogether Of the
militia, by forced levies Yet this might
easily happen if the power of cUnscription be
conceded to Congress. There are no limta-
tions expressed nothing to compel Congress
to observe quotas and proportions as among
the several States-nothiDg 10 prevent their
rn>ins armies wholly from one State, taking
ever, able bodlt citizen out of it to the en-
dangrring If not utter undoing, of all its do
mp>ttc interests.
And besides, il we conclude this dangerous
power to The language Of the 18th clause, we
destroy the rec and effect Of the words Ul
the 10Th and l7th clauses. We make the in
strument sell destructive, which Is yiolative
of all canons Of cons tIucton. Congress shall
have power to provide for calling forth the
militia in the manner and subject to the Inn
nations prescribed in clauses l6 and II, and
! therefore | argue Congress has not the power
10 draft them. Is an express rule Of the
Constitution to give way to an implied one
If the 18th clause conEers power 20 draft the
militia, tie words Of the 18th and lTth claus
Is are the idlest that were ever written. But
if The 18th conferred only the power to en-
h>t volunteers, then the subsequent clauses
brcnne very mlellgtble-stand wei with The
I3lh, and add essentially to the martial facui-
~ ~
thu>e clauses The militia are TO be called
f,th cx cure the laws of the Union, sup
press insurrection and repel invasinns To br
organized, armed ard disciplined by the
State, but according to the laws of Congress,
such part fthem as may be employed in the
service Of the United States are to b. govern
ell by the President, but ofIicered by the e
spectIve States. Now tins consc1iption law
recites an existing instruction and rebel
lion" as the ground and reason, not for calling
forth the militia under the above provisions,
but for " drafting them into the military
service of the United States. The very case
has occurred in which the Constitution says
the MALTA shall be called ont under State
drafted in contempt of State authority. Gen.
| Washington. and the men of his dav, did not
SO read the Constitution, when in suprre>sirg
the whIskey lnsurrecion i'll this State, they
paid the most scrupulous regard To the rights
and powers Of the State. Under the pres
sure Of a foreign war, a conscrpt bill was re-
ported IN Congress in 1914 but it did not
pass, and if it had, il would have been no
pr cedent for this law, because we are dealing
with an lnsurrectinn. and instructions are
especially provided for in the Constitution
If to support foreign war, Congress may
draft the militia, w hich do not admit, the
power of draft to suppress instructions is
not to be implied since another mode Of snp-
pressing instructions is expressly provided.
When State is called on tor its quota Of
militia, it may determine. by lot, who Of the
whole number OF its enrolled militia shall an
swer the call, and thus State drafts are quite
regular but Congressional draft "to sup
press instruction" is an innovation that has
no v arrant in the history or ext Of the Con.
Stitution. Eitler such law or the Consti-
tuition must be set aside They cannot stand
together. .... -.
And, happily, no i'll consequences can flow
from adhe ring to the Constitution for the
standing army of the Federal Government,
recruited bv enlistrents in the ordinary way,
with the State militia called forth according
10 the Constitution, are a force quite sufficient
to subdue any rebelloa that is capable of be
inc subdued by force of arms. Such formi-
dabe force wisely welded, in connection with
a paternal and patriotic administration of all
other constitutional powers, will never fail to
put down refractory malcortents, and pre-
eerTe peace and good order among the Amerl-