Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1869-01-28
The Militia Act UnconstitutionaI.

Thursday Evening. January rs. 1863
The MILITIA Act Unconstitutional.
1t is folly to expect peace and harmo
ny in our State so long as the unwar
ranted assumptions of power by The
Radical Legislature is perpetuated. The
plainest provisions of the Constitution
are disregarded and trampled under the
feet of these modern Solons, with as
much indifference as if they were go
much waste paper
The act authorizing the Governor TO
organize a Estate Guard" is contrary to
one of the pIainest provisions of the
Constitution of the United States, which
declares that no State shall, without the
consent of Congress, keep troops in time
of peace. 1t is &c &c seen whether the
President will quietly witness this viola-
ton of the instrument without some
effort TO maintain IFS integrity. The
Constitution provides for uniform sys-
tenn for organizing the militia of the
several States, and only reserves to the
States the authority of training
them, and the appointment of the OH
GERS. They can only be called into ac-
tire service by the President to suppress
iusurreciion aud repel invasion. He is
the sole Judge whether the exigency has
arisen. Where, then, does the Legisla-
ture derive its authority for the extra
ordinary act clothing the Governor with
sutocratic power7 l, is wholly unau-
tborizsd BY the Constitution of the State,
and is in direct contrsvsDtion OF the
Bill Of Rights, the magma eharta OF the
American citizen.
If lawlessness existed in any portion
Of The State, and the Sherifs were unable,
with the aid Of the posse ecmitafus to
suppress it, ii would be the duty of the
Governor or Legislature to call upon
the President to suppress it with the
militia. Bat have the Sheriffs failed to
preserve the peace in any county OF the
State, or have Inc people in : single in
stance refused to aid them in the en-
forcement Of the laws and preservation
of the peace2 /, seems to avail nothing,
that the people show that the condition
of affairs does not justify this extraordi-
nary assumption Of power. Their voice
ia UNDECIDED, or utterly disregsrded.
Brownlow requires it and that is quite
sufficient What matters it to the men
who meet at Nashville ss our Legislature,
what effect their action has upon the
material prosperity of the State They
have nothing to lose in the event that
they provoke collision with the people.
They own no property in the State, and
are merely sojourners SO long as they are
retained in fat places.
There, then, remains duty to be per-
formed by those who are interested in
the peace and prosperity Of the State.
That duty, to our mind, is plain, and is
dictated by every regard which we have
iOr the pIeseIFdhOh VI Oui '''Ns 49,
property. We must avert, if possible,
this storm cloud which is now gathering,
and will coon burst upon US with all the
fury of q whirlwine, unless checked by
timely action. The Constitution de:
clares that all power is inherent in the
people, aud all free Governments are
founded on their authority and instituted
for their peace, safety and happiness.
Brownlow aud bis minions are but the
servants of the people. They are the
source Of ultimate power and authority
whose will is law.
Let the people, then, assert this author
iiy and cay to Governor Brownlow, thu
far canst thou 60 and no farther" WI
have cried peace until it has been con
strued into ahject cowardice. Let us
then, hold q mass meeting at an earl,
day, and adopt some effective means fol
counteracting the evil intentions Of on
enemies, ere it is too late.
We therefore call upon our cotempo
raries to join with Us 10 this call for
mass meeting of the people of shelb,
county, and suggest Saturday night, th
Both inst, as a suitable time
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