Year: 1863

will make this plain. 1t is impossible to
study our State and Federal Constitutions
without seeing how manifestly the one was
designed to guard and maintain the personal
and social rights of the citizens-the other
to take care Of his external relations.


Nature, education, property, home, wife
and children, servants, administration Of
goods and chattels after death, and grave.
yard in which to sleep the sleep of death,
these are among the objects Of State solic-
tudc, for the protection of which the State
provides civil authorities and back Of them
the posse comtatus" and the military, to
make the civil administration effectual.-
Now, if the principle be admitted that Con
gress may take away the State militia who
does not see that the ultimate and fina! sc
curity of every mans domestic and personal
rights ace endangered. To the extent dele
gated in the constitution nobody questions
the right of Congress to control the State
militia, but if to the extent to which this
to the condition Of mere counties Of a great
Commonwealth, and the citizen Of the State
must look to the Federal Government for the
enforcement Of all his domestic rights, as well
as for the regulation of his external relations.


The citizens Of the state need protection
from foreign foes and Indian tribes-peaceful
intercourse and commerce with all the world
"a standard Of values and Of weights and
measures that shall be common to all she
States and postal system that shall be CO.
extensive with interstate trade and commerce
To adjust and main ain these external rela-
tions oc the chizen, are high duties which the
Constitution has committed to the Federal
Government, and has furnished it with all
necessary civil functiOnares and Gith power
to levy and collect taxes from the people of
the States, TO raise and support armies, to
provide navy, and to call forth the militia
70 execute the laws.


This is the American citizen am ply provi-
ded by means of constitu tions that are writ
ten with protection for all his rights, natural
and artificial, domestic and foreign, but as the
war power of the General Government is his
ultimate security for his external. SO is the
militia his ultimate security for his internal
or domestic rights.


Gould the State Government strike at the
war power of The Federal Government with
out endangerng every mans rights In
view of the existing rebellion, no man would
hesitate how to answer this question, and yet
is it not equally apparent that when the Fed
eral Government usurps a power over the
State militia which was never delegated.
every mans domestic rights (and there are
those which touch him most closely) are
rquaiy endangered


The great vice OF the cOnscript law is, that
1t is founded on an assumption that congress
may take away, not the State rights of the
citizen, but the security and foundation Of his
pected TO last, after the securities Of civil lib
erty are destroyed. The Constitution of the
United States committed the liberties of the
citizen in part to the Federal Government,
but expressly reserved to the States, aud the
people If the States, all it did not dele
gate. 1t gave the General Government q
standing army, but LETT TO the States their
militia. Its purposes in all this balancing Of
powers We're wise and good, but this iegisla
sion dlsregards these distinctions, and up
turns the whole system of government when
il converts the State militia into national FOR
ceS and claims to use and govern them as
such


Times Of rebellion above all others, are the
times when we should stick IT, our fuDda-
mental law, lest we drift into anarchy on one
hand, or iniO despVtism on the other. The
great sin OF the present rebellion consists in
Vi ,Iating the Constitution, whereby every
mans civil rights are exposed to sacrifice
Unless the Government be kept on the foun
dation Of the Constitution, we initiate the
sin of the rebels, and thereby encourage them
whilst we weaken and dishearten the friends
OF constitutional order and government. The
plaintiffs in these bills have good right, |
think, as citizens of Pennsylvania, to com
plain of the act in question, not only on the
grounds have indicated, but on another to
which will briefly allude.


The 9Th section provides that the drafted
persons shall recei-e ten days notice of the
rendezvous at which he is to report for duty
and the 18th sectiIn enacts {" that if he fails
TO report himself in pursuance of such notice,
withou: FARMS hing a substitute or paying
the required SUN therefor, he shall be deem
ed deserter. and shall be arrested by the
provost marshal, and sent to the nearest mill
tary post for trial by court-martial,n The
only qualification TO which this provision is
subject, is that upon proper showing that he
is not able to do military duty, the board Of
enrichment may relieve him from the draft.


One of the complaints, KneedeT, has set
forth the notice that was served on him in
pursuance of this section and by which he