North Branch democrat. [volume] (Tunkhannock, Pa.) 1854-1867, 1863-08-05
THE CONSCRrpTION ACT.
ITS NSTITUTIONALIST DEM
fONSTRATED BEYOND CAVIL.
AUTHORITIES QUOTED.
No Man can leave the State as a Soldier
Unless Voluntarily.
From the ". Y. Copperhead |

ltical prejudices and partlztn feelings that
they do hot stop Ia consider the efftot which
certain acts will have on the future welfare
OF t. cir country. In a republic every man
shooid look upon his liberties with a jealous
eye, ard frown down every attempt to en-
croach on his rights or TO subvert the repub
lican form of government under which he
lives. When we read history and find that
no nation ever lost its liberty except by the
action of its own people, it is disheartcnng
to find some Of our countrymen SO far for
getful of the warnings of the patriots who
framed our institutions as to justify and ap-
plaud every infringement. of the Constitu-
ton, and to denounce as traitor to his
country any man who lifts his voice against
those in power who are striking at the heart
and undermining the principles upon which
our government is founded. If the people
had shown any unanimity Of feeling against
the first unconstitutional act of the Pres,-
dent, the authority of the laws mi ght now
be exercised over every part Of our country,
| the American Government founded on fir
mer basis than before, and American citi-
zens would not now be complaining of the
! injustice Of the many unconstitutional acts,
among them the Conscripiion bill, which
the Administration is now forcing on the
country. We call the Conscription bill un-
constitutional, and we will give our reasons
for believing it to be so, leaving every intel
caI ~
whether our conclusion is correct.
First. 1t is unconstitutional, because the
Constitution Of the United States gives no
power to Congress to interfere with the right
of State to organize, arm, and discipline
its own militia, or to say mhch of its cti-
zens shall, and which shall not be liable to
do military duty.
BY article X, Amendments to Constitu-
ton, it is provided that the powers not
delegated to the United States, nor prohibit,
ed by it to the States, are reserved to tka
States respectively, or to the people"
The question then arises, is: " Has this
power Of each State over its militia ever been
delegated to the United States? can pow.
E ers that have been delegated to the United
= States by the States are contained in the
Constitution. Now, the only clauses in the
Constitution in relation to the militia are as
follows:
SFCT1oN VIII. Congress shall have lowei
"To proviie foror-'niznc, arming m disciplin
+ ing the militia and for governing such part Of then
as may be employed the seFvicc Of the Cnitec
St'tes, reserying TO the States respectively the ap
pointmont of the off .ers AMI the hority of train
ing the militia, according to the discipline presorib
cd by Congress"
To provide for calling forth the militia to exc
cut, the laws of the unrop suppress ilsurrection:
d anil repel nRasions"
II 1t will be seen by these clauses that tn
I States never gave to Congress the ri2ht t,
organize, arm and discipline the militia bn
n only the right to p"fv'de how they shouti y
r organized, arm d and disciplined And IT,
q reason for the adoption Of this clause is ar
v parent. When the deputies from the sever
: al States met in joint Convention to adopt
5 Constitution, they knew that when an exi
t gency should happen Sd that it sho uld b
!
g out, the efficiency OF the militia would b
= considerably increased If they were all oI
\ ganized, aimed and disciplined under IN
j. same plan or laws, and they knew thats tn
only way to have uniform law, was to de
), egate to Congress the right to pass laws pre-
vding how the militia of the several State
= should be organized, armed and disciplined
l but they did not give up the right of eac
20 State TO organize, arm and discipline its m
r litia, according to the plan or law Of Cor
y gress. -.... .......
20 The last clause gives Congress the powe
q {" to provide fr calling forth the militia -
s that is, the power to say when, in wh;
- manner, and under what circumstances tn
a. YY6iIGtia, Y6iIGt which is organized, disciplined an
!! And again, the Constitution nrordo. g"
ton II: "e'
70 That the President shall be Commaudsr-,rc,;
u 'he army and Navy of the United stotes o,1 =.
- 'He militia OF the several States when casd j.,
's "ctuai service of the United statel.o
q 'o" 'h's clause shows by implication tb,
e each Stale has right to raise its o.y,, -, =:
''a' winch carries with it the Eisbt - 80,
n winch Of hs citizens shall be eye,rnt t.o,.
r military duty and which shall not md -,
ite'iceht. has 70 power over this militia -,
III II Is called into the actual service of N,
Ch'ted 81 ates. We have sean b.Gora <e,--
0'n') mat Congress only has power to oov.
ern the militia when employed in the 90 sor
vice OF the United States % It !. tbaroc,..
=; 1.e%I a. 'na' no power is given by any clause
IN the Constitution to the President or can
sress to enroll the militia, or to say wb;ah
'''zons shall be liable to do military service
ana winch shall not, or to do any act v,s,,
| ever until they are mustered into III, ,...
Of the United States, ''00
1t might also be mentioned that
of Gnporoos or.., wv raw