Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1864-08-12

eral grants Of power in some parts OF the COnsti-
tuition which are limited by restrictions 10 other
parts For example in Sec : Of Art. 1, gener-
II power to collect taxes is given to Congress.
but this does not authorize Congress TO levy taxes
10 all OF the ways in which thev usually levied
by governments: for in Sec. 2 Of Art ], il IS or
dered that all direct taxes must be apporuoned
among the several States according 70 their re
spectire numbers. and the mode Of estimating
those numbers Il given Again in Sec OF Art
I. IL is said that Congress shsll have the power
TO regulate commerce with foreign nations, and
among the several States" Bu, this apparently
unlimited power is placed under several RANTS
in Sec 3 Of Art. l, where il Is ordered mat no
tax or duty shall be laid on articles exported fom
any State, aud that mo preference shalt be
given by any regulation Of commerce OF Feye1ue
20 the ports Of one State over those OF another,
&c. In the same manner il i said In Sec. s. OF
Art. ] that Congress shall have power 10 raise
armies" But this i not an unlimited power.
The mode in which it must be exercised u speci'
fed 10 the same section and article, 20 lar as tue
militia are concerned and the bearing OF the con
scrption las upon this body Of men ! what We
are now 70 consider
In the fifth Article OF the amendment 10 the
Constitution another class OF forces s spoken of.
viz: the Gland forces" OF the United States. BY
these We must understand, a. was always under
stood before the present Administration came
into power, that portion OF The armies oil me
United States which is made up OF volunteers.
These, strictly speaking. form the United States
army; the militia, even while In Us service. be.
ing spoken of the militia Of the several
States" (Art. ,, Sec. 3. They ale called else
where simply the militia. But wherever the
"land forces are. they are spoken Of as sepa
rate body distinct from the militia.
The trainers Of the Constitution evidently
thought that il would be waste of words
/ 10 define partiularly who "the militia we're.
/ They are generally all the able-bodied mep in
/ the several States The militia is a distinct body
/ OF men, known TO. and designated as such by the
/ Constitution of the United States Upon this
body of men the Constitution imposes certain
duties, at first through the agency OF their
/ States and j. guarantees - them and their
States certain rights. which the trickery OF call.
/ ing them BY some other name than militia can
not take away. The existence OF the militia IS q
fixed constitutional fact, aud Congress has no
| constitutional authority TO change the political
condition ofany mar, by taking him out of that
body, Who properly belongs in IL; nor, 20 long as,
according TO the Constitution of the United
States and of his State, he remains in IL, can the
United States constitutionally require any forced
| military service of him, ercept miiuiaBaR,
and under the conditions preceden, and restric
tons prescribed by the United States Consttu
| ton. To Sec. of Art. Of that Constitution il
| is said that:
| The Congress shall have power to provide for
organizing, arming and disciplining the militia,
and for governing such part of them as may be
employee in the service of the United States, re
| serving 20 the States respectively the appoint
nent of the officers and the authority of training
the militia according 10 the discipline prescribed
by Congress"
The plain meaning of this is that Cong ess
| shall first provide for organizing the militia, but
| STAT mill aftil thav ba NJ
this stage. been called into the United States
| vice Congress directs what number of men shall
| form a company, how many companies there
shall be in a regiment, &c ; the mode Of arming
them; what the number, rank and titles of the
officers shall be, and according TO what system
of tactics they shall be trained. Then the State
Legislatures take up the work and provide for the
appointment of officers and direct the training oil
the State militia according to the discipline pre-
scribed By Congress These militia in the sew
eral States subject to DC called forth into The
service of the United States
Now what have Congress aud the President
doneg Have they called forth the milita Of the
several States, according to the plain intention
of the Constitution in cases where forced militia
~ service j. required Of mlitiamenl No, they
have not called forth the militia, but they have
torn away the safeguards which the Constitution
placed around the rights of the militiamen and
them as il they were not militiamen-iorcng
them, one by Que. into the United States service
and totally disregardiDg those conditions and re-
sirietiOns, without The observance of which the
Constitution does not permit the militia TO be
compelled to do military duty in the United
States service The restraints of the Constitu
ton upon their exercise OF power did not suit
them. and therefore they advised new and un
constitutional mode of attempting to force the
members of the militia into service. AZ if tley
were not mtiamen, calling them by some new
and unauthorized name unknown 10 the COnstt
tuition
We will not stop TO inquire whether the cen
scription law can find other classes of persons
who are not militiamen i'm the States, territories
or District of Columbia, upon whom it can ope
rate; but SO far as the militiamen are concerned
that law being gross violation of the United
States Constitution. is utterly null and void. II
single man of the militia can be transferred 70
some other class OF men at the pleasure of Con.
gress, and forced 10 render military service, not
as mllitiaman, then every one OF the militia
might be so transferred, and the shield of the
Constitution would thus be taken away from the
whole body, and thus the constitutional rights oil
the militia and of their States with respect to
them would be destroyed. BY such congressional
juggIery and rickery the clause of the Constitu
ton last quoted would be made nullity II Se
believe that Congress do this, must he
leve that tae nen who made the Constitution
never intended that its limitations of power
should be regarded Are we To suppose that
they we're such fools az, after saying in the first
place: Forced military service shall not be re
qured of the militia except under certain restr.c-
tons, then 10 add in the same breath: "Bat
such forced service may be required Of the milf
tia. without any OF these restrictions il Congress;
will only call ihemby some other name than 'tle
militia"
The CONSUMPTION law either j., or il is not ia
call for the militia But il does not profess to Sc
such a call. and therefore il cannot apply 10 the
militia. for they are not liable to be forced into
the nted States service except Is mlitiamea
when the militia called forth under the con6i
tons established by the Constitution. But if airy
should pretend thatit is = call for the militia TIE
answer in that easeis, that It's terms. with regsfd
to the militia such gross violations of the
Constitution that, in whatever relates 20 them
the law is necessarily null and void and this
being -, i: militiamsn is arrested under IT, the
offence Il false Imprisonment: and ii be is put 20
death under it, as deserter, the crime i murder
| Nor can the plea of ignorance justify those WHO
| commit the crime; for where the lives and ibeE-
ties of citizens are concerned all men are bosr;i
to know what the provisions OF the Constitution
are.
When mlitiamen demand that the restriction
imposed BY the Constitution shall be regarded II
Is no sufficient answer tor Congress and ti!e
President To say. we have done something else
/ which We think will answer about as we'll and