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

tional forces, then, mean the militia of the
States-certainly include the militia OF
Pennsylvania. This expression, 81 nation
al forces," is modern language, when so
applied. 1t is not found in our Constitu-
tions, either State or Federal, and if used |
in commentaries on the Constitution, and |
in history, it will generally be found ap-
Piled to our land and naval forces in |
actual service-to what may be called our
standing army. 1t is total misnomer !
when applied to the militia, for the mill
tia is State institution. The General |
Government has no militia. The State |
militia, always highly esteemed as one of
the bulwarks of our liberties, are recogni- |
zed in the Federal Constitution, and it is |
not in the power of Congress to obliterate
| them or to merge them in national for
ces"
Unless there is more magic in name
| than has ever been supposed, this con-
script law was intended to act upon the
State militia, and our question is, there
! fore, whether Congress has power to i'm
press or draft the militia of the State. /
cannot perceive what objection can be
| taken to this statement of the question, for
surely it will not be argued that calling
the militia national forces makes them
something else than the militia If Con-
gress did not mean TO draft the militia un-
this law, where did they expect to find
the national forces? All able-bodied
white male citizens between the ages of
twenty y-one and forty-five years, residing
in this Stale, and not exempted by the
laws of the United States" with certain
specified exceptions, constitute our State
militia Will it be said that the conscript
law was not intended to operate on these!
| think it will not. Then if it does touch
and was framed and designed to draft this
very class of citizens, no possible objec-
ton can be taken to TIE above statement
of the question we have to decide.
L, therefore, repeat the question with
great confidence in its accuracy, has Con
| gress the constitutional power to impress
, or draft into the military service of the
United States the militiamen of Pennsyl-
2 vania?
This question has to be answered by
= the Constitution of the United States, be-
5 cause that instrument, framed by deputies
of the people of the States and ratified and
put into effect by the States themselves in
t their respective corporate capacities, dele
= gates to Congress all the powers that body
| can exercise. These delegations are
f either express or such implications as are
: essential to the execution Of expressly dele
o gated powers.
There are but three provisions in the
h Constitution of the United States that cal
! be appealed to in support of this legisla
d ton. In ordinary editions they stanc
O numbered "a clauses 13, l6 and IL of th'
O VIII section of Act l, of the Constitution
n "13 Congress shall have power tt
&C raise and support armies, but no appro
h priations of money to that use shall be to
:, a longer term than two years.
rs "l6. Congress shall have power Il
At provide for calling forth the militia TO exc
r cute the laws of the Union, to suppress
i insurrection and repel invasions.
20 at. Congress shall have power t
E. provide for organizing, arming and disclp
3, lining the militia, and for governing sucl
E. part of them as may be employed IN tn
;, service of the United States, reserving +
v the States respectively the appointment c
IS the officers, and the authority of training
rs the militia according to the discipline pre-
he scribed by Congress"
r. "To raise armies these are larg
~ words! what do they mean! There coul
n- be limitation upon the number or size
,g the armies to be raised, for ali possibl
es contingencies could be fereseen; but ou
IS, question has not reference to numbers c
as size, but to the mode of raising armies
m The trainers of the Constitution, and tn
y States who adopted it, derived their idea
n, of government principally from the exam
a pie of Great Britain-certainly not troI
ch any of the more imperial and despot
IT. governments of the earth. What the
g. meant to make was a more tree Constltl
OF tion than that of Great Britain-taklr
en- that as a model in some things-but ei
ch Iarging the basis of popular rights IN
IRE respects that would be consistent WI
ts, order and stability. They knew that Il
p- British army had generally been recrult'
en by voluntary enlistments, stimulated
ole wages and bounties, and that the few
all stances of impressments and forced co
E." scriptions of land forces had met with t
rit disfavor of the English nation and had
on to preventive statutes In 1904, a
again in 1907, conscription bills were
en- tempted in Parliament but laid aside
nty unconstitutional. During the Americ
lilly Revolution a statute, 10, Geo. III G.
in permitted the impressment of idle
IN disorderly persons not following any la
Ea- ,ful trade or having soms substance sui