Wilmington journal., 1868-08-14


Message from the Governor transmitting
a report from the Superintendent of the
Insane Asylum. Ordered to be printed.
After some further unimportant business
the House adjourned.
From the Raleigh Sentinel.
Hon. Il. e. moore's Argument-The Stand-
ing Army Bill
We have the pleasure Of presenting be-
low, according to promise, the mastery
and convincing argument OF MIR. Moore
against the constitutionality of the infa-
nous special Militia Police Bill. 1t is as
clear as noon day, and cannot be answered
successfully. The people of North Carroll
ma will thank MIR. Moore for this able opin-
ion.
1t will be perceived that the argument
is in the form of letter addressed to Col.
Sinclair, at whose request it was prepared ::
RALEIGH, Aug. q, 1869.
Col. James Sinclair,
REPRESENTATIVE of Robson County:
DEAR SIR Il have received yours of Yesterday
in which you pleased to compliment my
Judgment in relation to those fundamental prin-
cipes that underie our civil and political iber-
ties snd ask what that judgment is in reference
to certain important measures now pending be-
fore the Legislature-and especially my 'Opin-
ION on the cOnStlCuClOnaty or LGo Dill calleQ IEo
Police Bill now pending" You ask me, as &
personal favor, both to you and your constitu
ents, to furnish the public with that opinion.
Though almost wholly abstracted from current
politics, am yet, as during my whole life have
been, sensitvely alive to the duty of defending,
so far may be able, civil liberty against all at
tacks from whatever source they may come
And, as my late venerable and deceased friend,
| Judge CASTOR, always did for me, in my difficult
ties of early ife while was a member Of the Le-
gislature, l cannot refuse to give you my opin-
| ion.
have anxiously considered the bill which seeks
| to raise and organize estate Police,' and
deem it to be a dangerous innovation, not only
upon the Constitution of the State, but upon that
of the United States. l regard it comforting
on the Executive authority to raise, organize,
equip and uniform 5000 men of his own choice,
without reference to age, morals or character, to
be kept ever under arms, to move over the State
at his will, and to obey oil his orders. These
troops to be his troops, so long as the Legis
lature may choose to permit it. This is just the
J character of the National standing army, which
! the Constitution places under the command OF
J the Federal Executive, with the exception that
the President is not specially and openly invested
with the power to select it's soldiers but even
this execution ceases to exist, when we consider
that the power in the Executive Of regulating en-
listments, may be used as to secure such alone
as favor his views. Neither Government, Feder-
al or State recognizes but two species of military
force one the n92tIla-the other the standing
07'nly.
Both are distinctly and emphatically noticed in
the Federal and State CONSTITUTIONS To some
extent it may be said that the Federal govern
ment has no militia proper. Its force being for
general purposes of National defence, wherever
and whenever that may be needed must be ever
ready to move to the place where their presence
may be demanded This ubiquitous duty in the
national soldier of course, fOrbdS to him all sys-
tenn or regularity in any other, and in all other,
vocations. Ii the soldier be mechanic, he can
not contract to build if farmer, he cannot SOW
reaping thatthe engagement of the
soldier, being to be ever ready to
obey the command Of his superior, he
must abandon all other pursuits in order to be
prompt to tue discharge of the duties of his COM
mand. Hence his pay Tor services, i'll order to be
! just and fair must ever be a full compensation
| Tor loss of time and, substantially, he is in ac-
tual service from the moment he ceases to COM
mand his own ii and is withdrawn from his Or
dinarv avOcatOns.
The National Government has the power to pro-
vide for organizing, arnllng and dlsclplning the
militia and for governing such part OF them as N y
be employed i'll the service of the United States,
respectively, the appointment of the officers, and
the authority of training the militia according to
the discipline prescribed by Congress.
1t may control the militia of the respective
States in order to execute the laws of the Union
suppress Instructions and repel invasions.' %
And when called out for such purposes, the Presi-
dent shall be their Commander-in Chief Such
are the powers OF the Federal Government.
! The Trainers of the Federal Constitution had a
clear cnceDtion of the kind of force called militia
and while it allowed each State to use the mlltla
to preserve peace and or Ter, it expressly forbade
I
! of peace'-"Or engage in war, unless actually 1u-
vaded or in such imminent danger as Will not ad-
nit of delay
In this emphatic prohibition will be seen the
| Just apprehension which the Federal Government
felt and ought ever to feel against rebellion by
the States. At this Gay, hing could be more
alarming to the peace of the nation. than to
behold each State f the Union creating state
police force. just such as is proposed TO De raised
by this BILL the number to be IN prOportlon 10 the
tpOpulation as compared to that of North Caro-
lima The aggregate force thus raised would, ID
| New York and Pennsylvanla alone, lar e4ceed the
now proposed number OF the National standing
army and in all the States would number about
! (240, ,00O,) two hundred and forty Thousand men,
with arms in hand, ever ready to move at the
command CT the Governors. And if North Caro-
lima now set the example, who or what shall forbid
the example being followed by the other states:
And how contemplate would the National stand
ing army appear, surrounded by the state forces
| raised by such laws as this
| But independently Of these considerations, the
object of the bill is forbidden by the present
Constitution of the State, as it was by that OF
1776.
| With slight but not essential alterations. both
| Constitutions speak the same language, ana
manifest the same jealousy against all military
organizations which tend to separate the citizen
from the bearer of arms in time OF peace
| The State is now without question, member
of the Federal Union (; and rs Constitution so far
as it is consistent with that Of the United States,
is the supreme law of the State. The first Article
Section "a, emphatically declares, that well
regulated militia being necessary to the security
Of free State the right of the people to keep
and bear arms shall pot be infringed; and ss
standing armies in time of peace are dangerous
to liberty, they ought not to be kept up; ano
the military should be kept under strict snbordl
ma ion to, and governed by, the civil power"
This clause directly forbids the raising OF any