Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1917-08-23
JUDGE SPEER'S DECISION.

The decision of Judge Emory Spec
Of the United States District Court il
denying the writ of habeas corpus ap
piled for by Thomas E. Watson to ties
the constitutionality of the selectivt
draft law. is perhaps one of the mos
powerful opinions ever handed dowf
in the South. 1t is in part as follows:
ITO agree to this contention we must
conclude that soldier is slave. Moth
ing could be more abhorrent to the
truth, nothing more degrading to that
indispensable and gallant body of cit
liens trained in arms, to whose man
hood skill and courage, is, and must
be committed the task of maintaining
the very existence of the nation and
all that its people hold dear. The grand
army of the republic, the Confederate
veterans and the Sons of Veterans are
not maintained to preserve the tradi-
tons of slavery. Nations do not pens
ion slaves, to commemorate their valor.
They do not Give in charge their
names to the sweet Tyre" nor does
'' Sculpture in her turn
Give bond in stone and ever during
brass
To guard and to immortalize the trust.
Service Overseas.
THE sole additional ground of the
petition is, that by the common law It
was the right of petitioners to remain
within the realm, and that this right
should now be held to relieve them
from military service beyond the bord-
ers of the United States. The reply is,
that the common law, that is the i'm.
memorial English law, cannot prevail
as to the United States, or it's people,
against the explicit provision of an act
o. congress. Nor has a court of the
United States power to declare an act
of congress invalid because it is in
imical to the common law. The touch
stone for such judicial power is the
and nothing else. 1t re-
mains to be determined whether the
constitution has conferred authority
OF congress to enact this law. Clause
II of article l, section of the consti-
tuition empowers congress Ito raise
and support armies" This power is
plenary 1t is not restricted in any
manner Congress may summon to its
army thus authorized every citizen o.
the United States. Since it may sum
mon all, it may summon any.
(Here followed supreme court de-
cision to the effect that the government
is empowered to raise and support ar
mics by voluntary enlistments or fore,
ed draft'D
ut is urged that by this legislation
congress has taken over and in this
way conscripted the national guard
This, it is said, is the state militia. Il
is contended under clause IA of The
article and section above quoted that
such militia can be used only to exc,
cute the laws of the union to suppress:
|insurrection and repel invasion. Since
these petitioners are not members o
the national guard, in no event coul,
their rights in this way be affected
But the national army is not the mil
tia.
las we have seen congress in thu
exercise of the power to raise armies
may summon to the colors every cit
izen. 1t follows that the states even i
they so desire, cannot defeat this pow
er, by enlisting such citizens in tn
state troops or national guard. Wa
this possible, it would be also possible
for the states to prevent altogether thu
raising of armies by congress.
Would Mean Defeat.
There remains to be considered th'
contention that congress cannot EN-
ploy the national army to be create'
by virtue of this legislation in foreign
lands or beyOnd the seas. If this b(