American citizen. [volume] (Butler, Butler County, Pa.) 1863-1872, 1864-02-17

duties as violation of his liberties. Inc
oracles of the Opposition have proclaimed
their highest legal authorities in Penn
sylvania, in the exercise of jurisdistion
heretofore unknown, have decided-that
the act of the last session was uneonstitu-
tional Men equally trusted by them
here have insisted that its principle was
anti-republcan. 1t is important, there
fore, to enquire whether these things are
so-whether there is anything here to au-
thorize these imputations or to excuse even
a reluctant submission to a measure which
is essential to the safety of the nation and
has been made necessary by the counsels
of the very men who now complain of It,
do not propose to enter into objections
of detail arising out of the peculiar fea-
lures of the law, or to argue the question
upon merely technical or professional
grounds These are for the courts. This
is higher forum, and the objection made
to the principle-radical as it is-an ap-
peal from the lawyer to the publicist, from
the courts to the people. 1t is the states
man who must decide it, and not the judge.
Is it true, then, that compulsory levy
of troops-a conscription, if you please
in the extremity of State is anti-repub-
lican in principle, or, in other words, at
war with the spirit of our institutions and
the genius and character of this Govern
ment? 1t has been so announced on this
floor, on authority supposed to be conclu-
sive, and has gone to the country without
contradiction. 1t was challenge of the
law from higher point than the Consti-
tuition 1t was not the assertion in terms
that the law was in variance with the Con-
stituton, but in effect that the Constitu-
tion itself was not republican, did not con-
form to the fundamental idea on which it
rested. TWAS the proclamation of a high
er law which the authority " to raise and
support armies had impigned upon.
Well, / am no higher-law man, except
so far as the consideration of the public
safety or the nations life may make me
so. am not ashamed or afraid to recog-
nize publicly the maxim of the soips pap
uH atcn,ds ier. y
For the sake of greater clearness, |
quote the passage itself, translated by me
from the French version in default of an
English one, of the % Treatise on the Re-
public" by Machiavelli:
"This part of the Constitution of Rome
deserves to be remarked, and ranked in
| the number of those which contribute the
greatness of its empire. Without an in
stitution of this nature, State cannot es-
cape but with great difficulty from extra
ordinary commissions"
at follows from this that all republics
must have in their Constitutions like es-
tablishment. When it is wanting it be-
comes necessary, by pursuing the ordinary
track, to see the constitution perish, or
rather to depart from it for the purpose of
saUing it. But in a State well constituted
no event must happen for which there
shall be occasion to resort to extraordinary
ways; for if extraordinary means do good
for the moment, their example constitutes
real evil The habit of violating the
constitution to do good afterwards author
izes its violation to cover evil A repub-
lie, therefore, is nevor perfect if its laws
have not provided for everything, hal4
the remedies always in readiness, a.
furnished the means of employing .Assl
And / conclude by saying that the usRaS5s9
lies which in imminent dangers MSa.h6
recourse either to dictator oN9EEke
magistrates must inevitably pesyiSslTere-
in" 49,
The war power of our Cohstsation is
the equivalent of the Roman tptorship.
1t is, however, here as well - there, the
extreme medicine of the CgIIssitution, and
not its daily bread. The mission of re-
| public is peace war is state of violence
To conduct an army upon the principles
of republican equality would be fatal tc
all subordination and discipline For such
an exigency as this the normal condition
of republic viii not serve. Its very or.
ganization would forbid it. War is anti.
Republican in its effects, and can only be
successfully waged on anti-republican prin.
ciples. While it prevails the law itselt
must almost necessarily be silent. 1t:
code of laws is necessarily anti-republi
can. With such Government therefore
it is an unnatural condition, and the thirs
for territorial ACKNOWLEDGEMENT throughth
the agency of the sword does violence t,
its nature and its life But while wars o
conquest are anti-republican, war of self
defence to preserve the nations life is
Legitimate because it is necessary one
! The doctrine of non-resistance would b.
! fatal to any government When there i
no mode left for supporting the Constitu
tion, except by suspending the enjoymen
, of an individual right, that right mus
- Ia 1. - ~ -,