The Brunswick news. [volume] (Brunswick, Ga.) 1906-2016, 1917-08-21
WHEN THE COURT UPHELD CON.
ScRlPTION

The decision of the supreme court
of the United States. upnolding the
constitutional right of the govern
mcnt to raise armies "by voluntary
enlistment or forced draft" was hand
ed down six years after the adoption
OF the thirteenth amendment to the
constitution. on which the slackers
pretend to rely in their opposition to
the national service law, says the
Macon News.
Ii there yet remains any man who
honestly doubts the constitutionality
Of the draft law. it is only fair to
warn him against the utterly ground
less statement that the supreme
court has not passed on this question
since the thirteenth amendment, with
its reference to involuntary seryi-
tude," WAS adopted.
Ii, in face OF the plain terms of
the supreme law OF the land, any man
insists upon opposing The draft act
Us unconstitutional" he should not
be able to plead ignorance when he
is confronted with the consequences
OF his folly
The case of Edward Tarble. which
was the basis Of the supreme court
decision, originated in Dane county
Wisconsin. when a writ OF habeas
corpus was issued on August 10, 1869
The decision Of the supreme court
Of the United States, passing on this
case, and declaring in lmmistakable
terms that CONSUMPTION was constitu-
tional, was handed down at the De
cember term. 1871.
The thirteenth amendment to the
constitution was proclaimed on De
cember is, 1865
Ii had therefore been Il part of the
organic law for six years. to the very
month, and hence was in The mind
OF the court when the constitutional
ity OF conscription was affirmed in
clear and precise terms.
For the benefit of those who may
have overlooked previous citations of
the supreme court decision, we quote
again from the Tarble case, as set
forth in the thirteenth volume Of the
Official reports by Wallace page 40G:
Now among the powers assigned
to the national government, is the
power TO raise and support armies"
and the power to provide for the
government and regulation of the
land and naval forces" The eXecu-
ton of these powers falls within the
limits ct its duties; and its control
over the subject is pIenary and eX-
elusive. II can determine how the
armies shall be raised, whether by
voluntary enlistment or forced draft.
The age at which the soldier shall be
received. The compensation he shall
ne allowed, and the service to which
he shall be assigned"
We viii not disrcss here to do more
than Indicate that he may be assign
ed to service III France as well as
anywhere else, for we are keeping
steadily before us the fact that con
scription is constitutional
AS the decision proceeds, it would
appear that the court. with a marvel
Gus provision, had in mind the very
situation which has arisen today.
The experience OF the late rebel
lion has shown us that in time of
great popular excitement. there may
be found in every state large mum
bers ready and anxious to embarrasa
the operations OF the government
and easily persuaded to believe every
step taken for the enforcement OF its
authority Illegal and void Il In
many eXigencies the measures OF the
national government might in this
way (by writes of habeas corpus) be
entirely bereft of their efficacy and
value"
Such is the language Of the court
OF last resort, interpreting long aft
err the Thirteenth amendment the
supreme law CT the land
Think it over before you place
yourself further in opposition to the
constitution which authorizes the
raising OF armies by authority enlist
ment or forced draft"