Urbana union. [volume] (Urbana, Ohio) 1862-1872, 1864-08-24

power of our army. This was in Novem
Der '62: perhaps somebody may think j
strange that the purpose was 'entertaine,
so early. I will read you portion o
the Report in the following words:
Rightly organized in the recovered terri
tory, the laborers of the Rebel States, vii
not only aid in holding fortified positions
but their labor viii, as in India, free the whit,
( soldiers from the most holesohe exposure
of the South. They viii caltiYate the corr
and forage, which will feed our cavalry anC
/ artillery horses, ard save the country a Dor.
! ton Of the enormous burden now attending
their purchase and transport from the North.
This plan of procuring supplies and
saving expense, clearly implies that the
slaves are to be worked as kind Of gov
ernment sorfs. The Report goes on thus;
"A population of four millions true to the
interests OF the Union, 2CM slight assistance
from dis army, win, under proper regulation
and government, be of the greatest assistance
in holding TIE territory. once recovered, The
principal staples Of the South are the product
exclusively oil their labor IF protected upon
tie lands they have heretofore cuHiUatsd, 2UiH
some orgaa5zati0R, and aCi6 support from
small detactment5 Cf loyql troops they would
not only prodGce much of what is needed to
feed our armies, and their trains, but they
would forever cut of from the rebellion the
resources of a country thus occupied"
So in November 80 it was recommen-
ded by the President and the War De-
partment, that the negroes should be
protected in the possession of the lands
they occupied, and that that protection
should be given by our army. The Re
port goes on:
" AS soon as the coast is thoroughly occu-
pied, and the people organized, trade viii re-
vive. Cotton, rice, sugar and other products
viii be exchanged by the producer for what
he needs. Their wants will be supplied di-
rect from the Northern factories, and the cul-
tivation Of the great staples, viii enable them
to pay for what they use. A perfectly free
trade may thus again grow up between the
North and tie South, and with greater or
less rapidity, it will be spread over the whole
country rs our forces succeed in meeting and
dispensing the rebel armies
What is to become of the white popu-
Iation OF the South when all this has
been done, and our armies converted in
to picket guards to negro camps and to
watch the raising of cotton, rice and su-
gar? Remember the date: Nov. 29th,
1862; the slaves are to be protected in
these lands; this land is to be cultiva-
ted the white owner is to be expelled ;
and the black possessor to be protected
by small detachments of troops! No man
supposes that the people will continue to
volunteer in the war, and serve in these
ineursiCns Of slaves upon their late mas
ters. You will not for moment suppose
it:-This was readily fOroseen by the au-
thors Of the plan, and so cOnscription was
resolved on. At the same session of Con
gress to which this report was made the
Conscription law was passed under the
fallacious name of Enrolling the Nation
al Forces. In al'the history Of this eOun-
try-in all the wars we have ever had, it
has never been pretended that Congress
has any power to build up national mil
itary force by enrolment, and by draft.
That is a power which belongs exclusive
Iy to the Ststes. I do not know whether
many Of you will agree with me in this :
but that does not, in the slightest degree,
shake the integrity of my opinion. The
able-bodied men of the nation belong to
the militia Of the States, and they alone
can enrol them. The militia existed IN
der the Colonies, and it existed under the
States of Confederation, ,,and it still exists
in all the States. They alone have the
appointment of officers, and the keeping
of the rolls, and the conducting of dis
cipline. Ths Congress can direct how
this can be done, and provide for calling
forth the militia to suppress insurrection
and repel invasion. The powers are dis
tinct, and each must stand without de-
stroy;ng the other. 1 therefore hold that
under the Constitution the CONSUMPTION
act passed by Congress is utterly null and
void. "a VOICE: Good tor you; 5uzlyg
But it has all the forms Of law: it has a
machinery which enables the authors Of
it for a time to carry it into eject. Lei
no mar think Of resisting it by arbitrary
force. Let no man, as he values his per-
sonal safety, as he values the peace Of
the community in which he dwells, at
tempt that last of remedies. You must
bear it for a time. But when the time
comes, that law must be put to the test
before the country. IF you have any
courts left that are not the utter toadies
Of ascendant power, they will pronounce ii
null and void.
The Supreme Court of Pennsylvania
holding this opinion, undertook to onjoin
tie officers from executing the law
They fell into an error as to the true
power of G. chaneery court, and mistook
the remedy. The course is by an action
at law against the officer who arrests you
for he is a trespass6r and wrong-doer il
the law is void You thus compel de.
cision on the validity of the law, and il
the court below decide against you, the