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

the States, the question IL not one OF expectancy
bat Of constitutional Law and right; whether men
who appear TO be incapable Of understanding the
obligation Of an oath. or Of cOmprehendng what
the term constitutional government means, shall
govern without regarding the Constitution.
The theory OF the managers Of the Admins
lration party. though not expressed in words. Is
this: We cannot deny that the Constitution di
reefs she mode In which, and the conditions uD-
der which the militia are TO be forced into the
United States service: but we will call them
national forces" or by some other name than
"the militia and then We will divest them Of
their constitutional rights and the States OF their
rights in relation 20 their militia. Again, we
admit that We cannot take away the reserved
rights Of the States and people; but We will call
the States by some other name, such as militia
" Districts" and will then deal with them and
their inhabitants as We please; placing them un-
Ger the rule OF military despotism And then
TO cinch the nail and make sure OF the utter de-
siruction of Constitutional liberty in America,
they deHounce every one who protests against
the enactment or execution of unconstitutional
lave. as an enemy Of the Union In this they
succeed the more easily because many OF those
who protest most strongly are men who know
that although empire may be created by the
sword, Il i neither practicable nor right TO at
tempt % create or maintain free Union OF
States except by peaceable means; and that i e.
pecisllY true OF the States OF North America
containing they do, many Intelligent and
brave men.
Congress eau no more deprive militia OF their
rights by giving them other name than
militia;-it can no more do this than it can de-
ptive all the citizens of the United States of
their rights citizens by passing law calling
them chattels aud slaves, and then proceeding to
legisate with reference To them as IL they were
If a single of the milifiampn could
stitutionay be forced into the service OF the
| United States in any other way than a militia
man. and under other conditions than those spe-
cited In that clause Of the Constitution which
provides for calling the militia, could
~ militiaman; thus including the whole body, In
defiance OF the Constitution; for when il directs
anything To be done in a particular way, this ne
cessarily excludes all other ways II il did not,
/ then Congress might provide for the appoint
ment of Representatives and for the election of
Senator's and President in a different manner
! from that ordered by the Constitution. This
shows the absurdity of suppOsing that any one
! of the militia can be forced into service under
\ any other nam than that of a militiaman or in
any other way than by calling forth the militia
as provided for in Section ;, Article | of the
Constitution. If Congress can find any other
classes of men, outsf6e Of the militia, whom it
can conscript 10 "raise armies" or TO place 10
i
matter that the present argument has nothing to
do with; but il is clear that the conscriptiOn law
cannot apply TO 1.-The militia" With regard 10
them the law is void.
Some may pretend that it is immaterial wheth-
er the States. i'm accordance with the United
States Constitution, first organize and officer
! their own militia or whether the United States
conscripts each mtiaman, Internationally, d.
| rectly into its armies without the Intervention of
he Ssafa R.,ff frar e fl2N sfafin
evidently did not think that it was immaterial
and therefore they gave TO each State a partial
control over its own militia. Il might Just as
well be said that il is immaterial whether any
other parts of the Constitution are observed or
not. Livery limitation OF power contained in il
was purposely and deliberately placed there to
guard some important right. Every one has the
right to protest against usurped power exercised
in this case: especially those who, being unfit for
military service, though not entirely disabled, or
| those who, having helpless families dependent on
! them, those who, being unable 10 pay high
prices for substitutes, and compelled TO serve
however announcement II may be. while the
wealthy, with what may bc tribe TO them. pro
| cure substitutes and so avoid personal service )
| or those who disappearing OF the war. might be
exempted by the humanity OF their State laws
I, upon payment OF a reasonable tine in proportion
10 the amount Of their property, but who are now
W SCIFCs NlilGt tht IHttl Ol Utti- pui
/ to death as deserters by the inhumanty of tbs
present CONSUMPTION law Besides this, when a
State makes up is own quotas Of troops in il:
| own way, its Legislature by offering sufficient
bounties. and by keeping up regular recruiting
system, might avoid compelling men to serve in
any case And again, If a draft was made all
parties would be better satisfied that it was made
fairly if it was conducted by the proper loca
State authorities
ID, -; l.. -
clearly unconstitutional, was not barbarOus in It's
penalties; without a precedent in the history OF
the United States; intended to destroy right:
guaranteed to the militia and their States by the
Constitution; if it TO take effect at some
mote future time instead of in the present; ii il
concerned property only, or even the liberty OF
men and not their lives, which may speedily be
| sacrificed and which can never be restored; and
| if the law had been the result of misapDrehen-
| sion by the majority in Congress to the exten,
of their authority. But on the contrary there
appears to have been no purpose of following
the directions of the Constitution with respect TO
the militia; for the only constitutional mode
therein laid down, of compelling them to enter
the service OF the United States, is as plain as
the highway at MONDAY Other words could
hardly make it palmer than those of the supreme
law have already made it.
Have we not right TO infer that one of the
ODectS OF the JeSuiIlCtl managers Oh tuOSc VINO
now rule persecution; "a take advantage OF
the fact that public opinion set strongly IN one
direction, by subiecting those men TO the threat
ened penalty of death whose cousciences will not
allow them to conform 10 that opinion | say
managers. because public men are sometimes
only the instruments or blind followers of crafty
and intriguing persons. whose object is 10 destroy
all civil and religious liberty.
The writ OF habeas corpus would afford relief
from this unconstitutional law if honest men and
fearless Judges of the State Courts had control
decisions That writ is still legally in force, fol-
! Congress cannot, as II has attempted, give the
President power to suspend it
The power to suspend il in certain cases is re
ferred To in that part of the Constitution which
treats of the law making powers of Congress
! The writ exists by law and il requires law 70
/ suspend il: but the President cannot make laws
neither can Congress delegate it law making
powers TO him 10 him any more than It can dele
gate them to a Deputy Postmaster. Congress
has not suspended the writ itself. and therefore il
remains in full force.
Arguments and the force of truth alone, are
commonly unavailing when opposed By arbitrary
power. But the time may come when the regu-
| lar operation OF the courts OF law will bring a
jast retrbution TO those who destroy the consti-
tutonal rights OF others. with the design, a. they
saw, Of upholding the Constitution.
y FRIEND or LIBERTY.
FROM WASHINGTON.