. . ----,. ---r.7."--...... ..--'",;.,,,,-;-.-,..._ _ __. _____ --- . . . . . . .. .. ... . . . . . . 1 - r _ . . , . . . _.. - . . _ ... . .. . . . ,'. . . . . . . . . . . • . . , . . .. . . . _ ____ _ _ . . - . , . - . . . . . . itit/Itt . irtie:T. ':-.1.... : ~ . - 1 , i''' ' . - --- - '. :! ' : -----:11::': - .:: ' ' ': , ....- . fibir, - . . - , . _ . . . . _ ... .. -- - - - . . * . '..: ~ ' ''' 1 :- ; ''-- 7 sr '. ,-,„ f:'...' . ..•. :22: : . : ::7 4. : : ' -.'-: . . ..-- - . n . - . bt ' . ..- ili'' aotd. t . '''''J .. .• . ~...._,:. ... ... . . .....- ... ~. .. ~ ._ , . ... .. . ._ VOL' LXIV tffELANCASTER INTELLIGENCER isLIBHIC 11PIHT TUISDAT ' AT TO. 8 /METH 5111117, —BY. GEO. 18AZIPERSON. EIMEEI owns) usr.—TwO Dollen per annum, payable In ad- Valise. No suhscription 'discontinued until-all arrest , . :eigss al, pia, .nnleee at the option of the Editor. A,Tly.carnisiastediertisements, not exceeding one in4nare,ll2 !limey) will be , inaerted three times for one ind terentyttive emits for. each additional sneer tion. hose of. greater length in proportion. as Pitht Bto--Buch as Haiid - Bills, Postera, Pamphlets, Blanks, Label's, kc.; &c., - exectited with accuracy and on tkoahortest notice. MY SHIP. Down to the wharves, as the can goes down, 'And the daylight tumult, and dust, and din Are dying away in the busy town, t go to see if my ship comes in. I gaze far.over the quiet sea, B.oay with sunset, like mellow wine, Where shins, like lilies, lie tranquilly, Many and fair—but I see not mine. I question the sailors every night— Who over the bulwarks idly lean Noting the sails as they come in sight— " Have ymi seen my beautiful ship come in ?" "Whence does she . eome ?" they auk of me— " Who is her master, and what her name?" And they smile upon me pityingly When my answer is ever and ever the same. 0, mine was a vessel of strength and truth, Her sails wore as white as a young lamb's fleece, She 'Mika long since from the port of Youth— Her master was Love—and her name was Peace. And, like all beloved and beautiful things, She faded in distance and doubt away— With o.nly -Et tremble of snowy wing, She floated swanlike, adown the bay, Carrying with her a precious freight— All I had gathered by years of pain A temptipg prize to the pirate, Fate And still L watch for her back again. Watoh froth the earliest morning light, Till the pale stars grieve o'er the dying day, To out the gleam of her canvass white Among the Wands which gem the bay. But she comes not yet—she will never come To gladden my eyes and spirit more— And my heart grows hopeless, and faint, and dumb, As I wait and wait on the lonely shore. Knowing that tempest, and time, and storm, Rave wrecked and shattered my beauteous bark, Rank sea weeds cover her wasted form, And her sails are tattered, and stained, and dark. And still with a patience that is not hope, For vain and empty it long bath been, I sit on the rough shore's rocky slope, And watch to see if my ship souses in. THE OLD FARM HOUSE At the foot of the hill, near the old red mill, In a quiet shady spot, Just peeping through, half hid from view, ',Stands a little moss-grown cot; And straying through at the open door, The sunbeams play on the sanded floor. The easy chair, all patched with care, Is placed by the old hearthstone; With witching grace, in the old fire-place, The evergreens are strewn, The pictures hang on the whitened wall And the old clock ticks in the cottage hall More lovely still, on the window sill, The dew-eyed flowers rest, While midst the eaves on moss-grown leaves The martin builds her nest, And all day long the summer breeze Is whispering love to the bending trees. Over the door, all covered o'er . . With a sack of dark green baize, Lays a musket old, whose worth is told In events of other days ; And the powder flask and hunter's horn Have hung beside it for many a morn. For years have fled, with a noiseless tread, Like fairy dreams away, And left in his flight, all shorn of his might, A father—old and gray; And the soft wind plays with snow-white hair As the old man sleeeps in his easy chair. in at the door, on the sanded floor, Light, fairy footsteps glide, And a maiden fair, with flaxen hr" Kneels by the old man's side— An old oak wrecked by the angry . While the Ivy clings to its trembling form. THE CONSCRIPTION ACT Declared to be Unconstitutional by a Majority of the Court. JUSTICES STRONG AND READ DISSENT On the 10th inst., the Court sitting at Pittsburg, rendered judgment in the cases of Kneedler and others, against the Provost Marshals of Philadelphia, in favor of the complainants, granting the prelim inary injunctions asked hr. The oases were argued in Philadelphia, before a full bench, by counsel for the complainants only, the United States not being repre sented. They came up on bills in equity, filed by the complainants, who were draft ed men of Philadelphia, praying for in junctions to restrain the Provost Marshals from proceeding with the draft, the ground being the alleged unconstitutionality of the conscription act. The opinion of the majority, viz : Chief Justice Lowrie, and Justices Woodward and Thompson, was delivered by Chief Justice Lowrie—J us- Aloes Strong and Read both dissent. The opinions are too lengthy for our columns, but a brief abstract may not be uninter esting. The opinion says : That Constitution, adopting our histori . cal experience, recognizes two sorts of military land forces—the militia and the .army, sometimes called the regular, and sometimes the standing army—and dele gates to Congress power to raise and support armies,' and to provide for call ing forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions.' But though this act of Congress is intended to provide means for suppressing the rebellion, yet it is appar ent that it is not founded on the power of calling forth the militia,' for those who are drafted under it have not been armed, organized, and disciplined under State officers, as the Constitution requires.— Art. 1,8, 10. It is, therefore, only upon the power to raise armies that this act can be founded, and as this power is undisputed, the ques tion is made to turn on the auxiliary power to pass all laws which shall be necessary and proper' for that purpose.— Art. 1,8, 18. It is therefore a question of the node of exercising the power of raising armies. is it admissible to call foroed recruiting a 'necessary and proper' mode of exercising this power? The fact of rebellion would not seem to make it so, because tho inadequacy or in -sufficiency of the permanent a Id active forces of the Government for such a case is expressly provided for by the power to call forth the usually dormant force, the militia; and that, therefore, is the only remedy allowed, at least until it has been fully tried and failed, according to the maxims, expressio WitiUS est exclusio al ternas, and expressum facit cessart taci turn. No other mode can be necessary and proper so long as a provided mode re mains untried ; and the force of these maxima is increased by the express pro vision of the Constitution, that powers not granted are reserved, and none shall be implied from the enumeration of those which are reserved. almendments 9, 10. A granted remedy for a given case would. Skerefore seem to exalude all ungranted' ones. Or, to soy the least, the militia not having been it does - not and MIMM!! cannot appear that another mode is neces sary for suppressing the rebellion. Though, therefore, this act was passed to provide means for suppressing the re bellion, yet the authority to pass it does not depend upon the fact of rebellion.— That fact authorizes forced levies of the militia under their own. State officers, but not for the regular army But it is not important that Congress may have assigned an insufficient reason for the law. If it may pass saoh a. law for any reason, we must sustain it for that reason. The question then is, may Con gress, independent of the fact of rebellion or invasion, make forced levies in order to recruit the regular army. If it may, it may do so even when no war exists or threatens, and make this the regular mode of recruiting. It may dis regard all considerations of age, occupa tion, profession, and official station ; it may take our Governors, legislators, heads of State departments, judges, sheiriffs, and all inferior offiiers, and all our clergy and public teachers, and leave the State en- tirely disorganized ; it may admit no bind ing rule of equality or proportion for the protection of individuals, States, and sec tions. In all other matters of allowed forced contribution to the Uoion, duties, imports, excises, and direct taxes, and organizing and training the militia, the rule of uniformity, equality or proportion, is fixed in the Constitution. It could not be so in calling out the militia, because the emergency of rebellion or invasion does not always allow of this. But for the recruiting of the army no such reason exists ; and yet, contrary to the rule of other cases, if it may be re cruited by force, we find no regulation or 'limitation of the exercise of the power so as to prevent it from being arbitrary and partial, and hence we infer that such a mode of raising armies was not thought of and was not granted. if any such mode had been in the intention of the framers of the Constitution, they would certainly have subjected it to some rule of equality or proportion, and to some restriction in favor of State rights, as they have done in other cases of compulsory contribu tions to Federal necessities. We are for bidden by the Constitution from inferring the grant of this power from it not being enumerated as reserved ; and the rule that what is not granted is. reserved oper ates in the same way, and is equivalent to the largest bill of rights. But even if it be admitted that the regular army may be recruited by forced levies, it does not seem to me that the constitutionality of this act is decided.— The question would then take the nar rower form. Is this mode of coercion constitutional ? It seems to me that it is so essentially incompatible with the provisions of the Constitution relative to the militia that it cannot he. On this subject, as on all others, all powers not delegated are re served. This is not only the express rule of the Constitution, but it is necessarily so ; for we know the extent to which State functions were abated by the Federal Con stitutipn only by the express or necessarily implied terms of the law or compact in which the abatement is provided for.— And this is the rule in regard to the com mon law ; it is changed by statute only so far as the expression of the statute re quires it to be. Now, the militia was a State institu tion before the adoption of a Federal Con stitution, and must continue so, except so far as that Constitution changes it ; that is, by subjecting it, under State officers, to organization and ttaining according to one uniform Federal law, and to be called forth to suppress insurrection and repel invasion, when the aid of the Federal Gov ernment is needed, and it needs this force. For this purpose it is a Federal force ; for all others it is a State force, and it is called in the Constitution g the militia of the several States,' 2; 2, 1. It is, there fore, the standing force of the States, as well as, in certain specified respects, the standing force of the Union. And the right of the States to have it is not only not granted away, but it is expressly re served, and its whole history shows its purpose to be to secure domestic tranquil ity, suppress insurrections and repel in vasions. Neither the States nor the Union have any other militia than this. Now, it seems to me plain that the Federal Government has no express and can have no implied power to institute any national force that is inconsistent with this. This force shall continue, says the Constitution, and the Federal Government shall make laws to organize and train• it as it thinks best, and shall have the use of it when needed ; this seems reasonable and sufficient ; is the force provided for in this act inconsistent with it It seems to me it is. By it all men between the ages of twenty and forty-five are declared to constitute the national forces,' and made liable to military duty, and this is so nearly the class which is usually understood to constitute the mili tary force of the States that we way say that this act covers the whole ground of the militia and exhausts it entirely. It is, in fact, in all its features, a militia for national, instead of State purposes, though claiming justification only under the power to raise armies and accidentally under the fact of the rebellion. It seems to me this is an unauthorized substitute for the militia of the States. If valid, it completely annuls, for the time being, the remedy for insurrection provi ded by the Constitution, and substitutes a new and unprovided one. Or, rather, it takes that very State force, strips it of its officers, despoils it of its organization and reconStructs its elements under a different authority, though under somewhat similar forms. If this act is law, it is supreme law, and the States have no militia out of the class usually called to militia duty ; for the whole class is appropriated as a national force under this law, and no State can make any law that is inconsistent with it. The State militia is wiped out if this act is valid, except so far as it may be permitted by the Federal Government.- I.f Congress may thus, under its power t raise armies, constitute all the State militia men into national forces' as part of the regular army, and make them 'liable to perform duty in the service of the United States when called out by the President,' I cannot see that it may not require from them all a constant military training under Federal officers as a preparation for the greatest, efficiency when they shall, bo so oalledAint, A ' nd Ahem all the Statemilitia antsitik6lllAaylio. Ekto thnranke sn eligjeofea ~ 'the 'oiniiiriatiridlinoh "THAM.OOUNTRT 18 TEM MOST PROBPIUOUB WILIBX LABOR MOUNDS TUB GRIATIBT LANCASTER CITY, PA., TUESDAY MORNING, NOVEMBER 24, 1863 officers as the President may appoint, and every one would then see that the consti tutional State militia becomas a mere name. The Constitution makes it, and the men in it, a national force in a given con tingency, and, and in a prescribed form, but this aei makes them so irrespective of the constitutional form and contingency. This is the substantial fact, and I am not able to refine it away. And it seems to me that this act is un constitutional, because it plainly violates the State systems in this, that it incorpo rates into this new national farce every State civil officer, except the vernor, and this exception might have been omit ted, and every officer of all our social institutions, clergymen, professors, teach ers, superintendents of hospitals, &c., and degrades all our State generals, colonels, majors, &e., into common soldiers, and subjects all the social, civil, and military organizations of the States to the Federal power to raise armies, potentially wipes them out altogether, and leaves the States as defenceless as an ancient city with it;: walls broken down. Nothing is left that has any constitutional right to stand before the will of the Federal Govern ment. OPINION OF JUSTICE WOODWARD For the jurisdiction of this Court to set aside an act of Congress as unconstitu tional, and to grant the relief prayed for, I refer myself to the views of the Chief Justice in the opinion he has just de livered in these oases, and I come at once to the constitutional question. The act begins with a preamble which recites the existing insurrection and re bellion against the authority of the United States, the duty of the Government to suppress insurrection and rebellion, to guaranty to each State a republican form of government, and to preserve the public tranquility and declares th tt for these high purposes a mililary foroe is indispen sable, ' to raise and support which all per sons ought willingly to contribute,' and that no service is more praiseworthy and honorable than the maintenance of the Constitution and Union; and then goes on to provide for the enrolling of all the able-bodied male citizens of the United States, and persons of foreign birth, who have declared their intention to become citizens botween the ages of twenty ; and forty-five years, and these able-bodied citizens and foreigners, with certain excep tions afterward enumerated, are declared the national forces,' and made liable to perform military duty when called out by the President. The act divides the 'nun ; try into military districts, corresponding with the Congressional districts, provides for provost marshals and enrolling boatds, and regulates the details of such drafts as the President shall order to be made from the national forces so enrolled. The pay ment of $3OO excuses any drafted person, so that it is, in fact, a law providing for a compulsory' draft or conscription of such citizens as dre unwilling or unable tr. pur chase exemption at the stipulated price.— It is the first instance, in our history, of legislation forcing a great public burden on the poor. Our State legislation, which exempts men who are not worth more than $3OO from paying their own debts, is in striking contrast with this conscription law, which devolves upon such men the burden which belongs to the whole national forces,' and to which all persons ought willingly to contribute.' This, how ever, is an objection to the spirit of the enactment rather than to its constitution ality. Unless there is more magic in a name than has ever been supposed, this conscript law was intended to act upon the State militia, and our question is, therefore, whether Congress has power to impress or draft the militia of the State. I cannot perceive what objection can be taken to this statement of the question, for surely it will not be argued that calling the militia national forces, makes them something else than the militi t. If Congress did not mean to draft the militia under this law, where did they expect to find the national forces I All able-bodied white male cit izens, between the ages of twenty-one and forty-five years, residing in this State, and not exempted by the laws of the United States,' with certain specified exceptions, constitute our State militia. Will it be said that the conscript law was not intended to operate on these ? I think it will not. Then, if it does touch, and was framed and designed to draft this very class of citizens, no l ossible objection can be taken to the above statement of the question we have to decide. I, therefore, repeat the question with great confidence in its accuracy, has Con gress the constitutional power to impress or draft into the military service of the United States the militia men of Pennsyl vania ? This question has to be answered by the Constitution sf the United States, because that instrument, framed by deputies of the people of the States and ratified and put into effect by the States themselves in their respective corporate capacities, delegates to Congress all the powers that body can exercise. These delegations aro either express or such implications as are essen tial to the execution of expressly delegated powers. There are but three provisions in the Constitution of the United Stab a that can be appealed to in support of this legisla tion. In our ordinary editions they stand numbered as clauses 13, 16, and 17 of the VIII, section of Art 1, of the Consti tution : 13. Congress shall have power to raise and support armies, but no appropriations of money to that use shall be for a longer term than two years. ' Congress shall have power to provide for calling forth the militia to execute the laws of the Union, to suppress insurrec tions and repel invasions. 17. Congress shall have power to pro vide for organizing, arming, and disciplin ing the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States respectively the appointment of the officers, and the authority of training the militia according to the discipline pre scribed by Congress.' To raise armies '—these are large words. What do they mean 1 There could be no limitation upon the number or size of the armies to b,e, raised, for all possible contingencies could not be foreseen; but our question has not reference to numbers or size, but to the mode of raising armies. The framers of the Constitution, and the States who adopted it, derived their ideas of government prindpally from the ex ample of Great Britain—certainly not from any of the more imperial and despotic Governments of the earth. What they meant to make was a more free Constitu tion than that of Great Britain—taking that as a model in some things—but en larging the basis of popular rights in all respects that would be consistent with order anitstability. They knew that the British army had generally been recruited by voluntary enlistments, stimulated by wages and bounties, and that the few instances of impressment and forded con scriptions of land forces had met with the disfavor of the English nation, and had led to preventive statutes. In 1704, and again in 1707, conscription bills were at tempted in Parliament, but laid aside as unconstitutional. During the American revolution a statute, 19 George ill., C. 10, permitted the impressment of idle and disorderly persons not following any lawful trade, or having some substance sufficient for their subsistence,' and this was as far as English legislation had gone when our Federal Constitution was plan ned. Assuredly the framers of our Con stitution did not intend to subject the peo ple of the States to a system of conscrip tion which was applied in the mother country only to paupers and vagabonds. On the contrary, 1 infer that the power conferred on Congress was the power to raise armies by the ordinary English mode of voluntary enlistments. The people were justly jealous of stand ing armies. Hence they took away most of the war power from the Executive, where, under monarchical forms, it gener ally resides, and vested it in the legislative department, in one branch of which the States have equal representation, and in the other branch of which the people of the States are directly represented, ac cording to their numbers. To these rep resentatives of the States and the people, this power of originating war was committed, but even in their hands it was restrained 0y the limitation of biennial appropriations for the support of the armies they might raise. Of course, no armies could be raised or supported which did not command popular approbation, and it was rightfully considered that voluntary en listments would never be wanting to re cruit the ranks of such an army. The war power, existing only for the protection of the people, and left, as far as it was possi ble to leave it, in their own hands, was in capable of being used without their con sent, end, therefore, could never langnish for enlistments. They would be ready enough to recruit the ranks of any army they deemed necessary for their safety. Thus, the theory of the Constitution placed this great power, like all other govern mental powers, directly, upon the consent of the governed. The theory itself was founded on free and fair elections—which are the funda mental postulate of the Constitution. If the patronage and power of the Govern ment shall ever be employed to control popular elections, the nominal representa tives of the people may cease to be their real representatives, and then the armies which may be raised may not so command public confideime as to attract the neces sary recruits, and then conscript la'ivs and other extra constitutional expedients may become necessary to fill the ranks. But Governmental interference with popular elections will be subversion of the Consti tution, and no constitutional argument can assume such a possibility. Could the State Government strike at the war power of the Federal Government without endangering every man's' 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 Federal Government usurps a power over the State militia which was never delegated, every man's domestic rights (and they are those which touch him most closely) arc equally endangered ? The great vice of the conscript law is, that it is founded on an assumption that Congress may take away, not the State rights of the citizen, but the security and foundation of his State rights. And how long is civil liberty expected to last, after the securities of civil liberty are destroyed? The Constitution of the United States committed the liberties of the citizen in part to the Federal Governinent, but ex pressly reserved to the States, and the people of the States, all it did not dele gate. It gave the General Government a standing army, but left to'the States their militia. Its purposes in all this balancing , of powers were wise and god, but this legislation disregards these distinctions, and upturns the whole system of govern ment when it converts the State militia in- , to national forces,' and claims to use and!' govern them as snob. Times of rebellion, above all others,arc the times -when we should stick to our fundamental law, lest we drift into anar chy on one hand, for into despotism on the other. The great sin of the present re bellion consists in violating the Constitu tion whereby every man's civil rights are exposed to sacrifice. Unless the Govern ment be kept on the foundation of the Constitution, we! imitate the sin of the rebels, and thereby encourage them, whilst we weaken and dishearten the friends of constitutional ordhr and government. The plaintAis in these:bills have good right, I think, as citizens of Pennsylvania to com plain of the act in question, not only on the grounds I have indicated, but on another to which I will briefly allude. The 12th section provides that the drafted person shall receive ten days' notice of the rendezvous at which he is to report for duty, and the 13th section enacts that if he fails to report himself in pur suance of such notice without furnishing a substitute or paying the required sum therefor, he shall ,be deemed a deserter, and shall be arrested by the provost mar shal, and sent to the nearest military post for trial by court martial.' The only quali fication to which this provision is subject, is that, upon propr showing that he is not able to do military duty, the board of en rolment may relieve him from the draft. One of the complainants, Kneedler, has set forth the notice that was served on him in pursuance of this section, and by which he was informed that unless he appeared or a certain day, he would be deemed a deserter, and be subject to the penalty pre scribed therefor, by the rules and articles of war.' I believe the penalty of deser tion by the minter'' , code is any corporeal punishment a court-martial may choose to inflict, even to that. of .'being pat to death. Can a - oitizen bemade'a ileserter before he has become a soldier 1 Has Congress the constitutional power to authorize pro vost marshals, after drawing the name of a freeman from a wheel and serving him with a ten days' notice, to seize and drag him before a nowt martial for trial under military law'? This question touches the foundations of personal liberty. In Jane, 1215, the Barons of England and their 'retainers, a numerous host, en camped upon the grassy plain of Runny mede,' wrung from King John that great . Charter which declared, among other securities of the rights and liberties of Eng lishmen, that' no freeman shall be arrested or imprisoned, or deprived of his freehold or his liberties or free customs, or be out lawed or exiled, or in any manner harmed, nor will we (the King) proceed against him nor send any one against ham by force of arms, unless according to the sentence of his peers (which includes trial by jury) or the common law of England.' Here was laid the strong foundation of the liberties of the race to which we belong. And yet not here, for Magna Charta created no rights, but only reaserted those which existed long before at common law. It was for the most part, says Lord Coke, merely declaratory of the principal grounds of the fundamental laws of England. Far bank of Magna Chatta, in the customs and maxims of our Saxon ancestry, those prin ciples of liberty lay scattered which were gathered together in that immortal docu ment, which four hundred years afterwards weie again re-asserted in two other great declaratory statutes, The Petition of Right,' and The Bill of Rights,' and which were transplanted into our Declara tion of Independenca, the bill of rights to our State Constitution and the amendtnents to our Federal Constitution, and which have thus become the heritage of those plaintiffs. Says the sth article of the amendments : No person shall be held to answer for a capital or otherwise in famous crime unless on a presentment or indictment of a grand jury, except in cases arrisingiin the land or naval foroei, or in the militia when in actual sevice in time of war or public danger.' What is the scope of this exception The land or naval forces mean the regular military organiza tion of the Government—the standing army and navy—into which citizens are in troduced by military education from boy hood or by enlistments, and become, by their own consent, subject to the military code, and liable to be tried and punished without any of the forma or safeguards of the common law. In like manner the militia, when duly called out and placed in actual service,' are subject to the rules and articles of war, all their com mon-law rights of personal freedom being for the time susOided. But when are militia men in actual service? When they have been notified of a draft ? Judge Story, in speaking of the authority of Con gress over the militia, says : The question when the authority of Congress over the militia becomes exclusive must essentially depend upon the fact when they are to be deemed in the actual service of the United States. There is a clear distinction be tween calling forth the militia and their being in actual service., These are not contemporaneous ...acts, nor necessarily identical in their constitutional leanings. The President is not commander-in-chief of the militia, except when in actual ser vice, and not merely when they are ordered into service: They are subjected to mar tial law only when in actual service, and not merely when called forth before they have obeyed the call. The act of 1795, and other acts on the subject, manifestly contemplate and recognize this distinction. To bring the militia within the meaning of being in the actual service there must be an obedience to the call, and some acts of organization, mustering rendezvous or marching done in obedience to the call in the public service.' Story's Coo. Law, vol. 3, sec. 1208. What is martial law? Blackstone or Sir Matthew Hale tells us ' it is built upon no settled principles, but is entirely arbi trary in its decisions,is in truth and reality no law, bat something indulged, rather than allowed, as law.' The unrestrained will of one or a number of men, then, is the rule which the argutnpnt substitutes for the Constitution. It is of no conse quence that the will thus set up for supreme law is that of men whom a majority of the people have chosen,because, according to our system, the majority can only choose men to administer to the Constitution as it is written, Majorities, as a power recognized by law, have no more right to establ* a despotism than a minority would have. But may majorities or mi norities set aside the Constitution under pressure of rebellion and insurrection ? As the Constitution anticipates and pro vides for such calamities, it is a reproach to its wisdom to say that it is inadequate to such emergencies. No man has any historical right to cast this reproach upon it. No current experience proves it. It never can be proved efeept by an unsuc cessful use of the legitimate powers of the Constitution against rebellion, and then the thing proved will be that the instru ment needs amendment, which its ma chinery is flexible enough to allow. Even such a melancholy demonstration would do no more than point out necessary amend ments ; it would not surrender the people to the arbitrary will of anybody. Presi dents or Congressmen are only servants of the people, to do their will, not as that will may be experienced under passion or excitement, but as it stands ,recorded in the Constitution. It is the Constitution indeed which makes them Presidents and Congressmen. They have no more power to set up their will against the Constitution than so many private citizens would have. Outside of that they are only private citi zens. There are other features of the conscript law that deserve criticism, but not to ex tend my opinion farther, I rest my objec tions to its constitutionality upon these grounds.: let. That the power of Congress to raise and support armies does not include the power to draft the militia of the States. 2d. That the power of Congress to call forth the militia cannot be exercised in the forms of this enactment. 3d. That a citizen of Pennsylvania can not be subjected to the rules and articles of war, until he is in actual military service. 4th. That he is not placed in such abtatil service when his name has been drawn from a wheel, and ten days' notice thereof has been-served upon him. For these reasons 1 am for granting, the injunction. BIICHLNAN GOOD Giteolous !--An ecstatic lover down east thus appeals to his tender-heart ed duloinea for a parting smack: 'Terribly tragical, and sublimely retributive will be the course pursued- by me if you do not instantaneously place thine alabaster lips to mine, and enrapture my immortal soul by imprinting v ngelio sensations of divine bliss upon those indispensable members of the human physiogomy, and then kindly condescend to allow me to take my depar ture from the everlasting sublimity of thy thrioe glorious pfesenoe ! Nanoy fainted. Two Goon 'IINs.—A lady made her husband a present of a silver drinking cup with an angel at the bottom, and when she filled it for him, he used to drain it to the bottom, and she asked him why he drank every drop. Because, &Joky,' he said, long to see the dear little angel.' Upon whioh she had the angel taken out, and had the Devil engraved at the bottom, and he drained it off just the same, and she again asked . him the reason. Why,' replied he, 'because I won't leave the old devil have a drop.' PROVIDENTIALLY DrakomEn. '—Among the attendants at a late Methodist confer ence was a very beautiful and intelligent looking young lady, who drew the admiring gaze of many eyes, particularly eyes mas culine, always on the lookout for pretty feminine faces. During the intermission at noon, a spruce young minister stepped up to the presiding elder and said, with an air of secrecy : Did you observe the young lady who sat by the first pillar on the left?' Yes,' said the elder, what of her Why,' said l the young man, I feel im pressed that the Lord desires m 3 to take that lady for my wife. I think she would make a good companion and helpmate in the work of the ministry.' The elder, as a good Christian ought, had nothing to object. But in a few moments another candidate for ministerial efforts and honors, and for the name of husband, came confidentially to make known a like impression regarding the same identical young lady. You bad better !Alt awhile. It is not best to hasty in determining the source of such impressions,' said the prudent elder. And he bad said well ; for hardly were the steps of the second youth cold at his side, ere a third approached with the same story ; and while the worthy confidant still marveled, a fourth drew near with the question— Did you notice the fine, noble-looking woman on your left?' Yes' cried the swelling elder. Well, sir,' went on the fourth victim of that unsuspecting girl, it is strongly borne in upon my mind that it is the will of the Lord that I should make proposals of marriage to that lady. He has impress ed me that she is to be my wife.' - The elder could hold in no Larger. Impossible ! impossible !' he exclaim ed, in an excited tone; the Lord never could have intended that four men should "parry that one woman !' T HE LANCASTER INTELLIGENCER JOB PRINTING ESTABLISHMENT, No. 8 NORTH DUKE STREET, LANCASTER, PA. The Jobbing Department Is thoroughly furnished with now and elegant type of every description ' and is under the charge of a practical and experienced Job Plinter.--- The Proprietors are prepared to PRINT CHECKS, NOTES, LEGAL BLANKS, CARDS AND CIRCULARS, BILL HEADS AND HANDBILLS, PROGRAMMES AND POSTERS, PAPER BOOKS AND PAMPHLETS, BALL TICKETS AND INVITATIONS, PRINTING IN COLORS AND PLAIN PRINTING, with neatness, accuracy and dispatch, 8n the most reasons hie terms and in a manner not excelled by any establish ment In Ate city. Sir- Orders from a distance, by mail or otherwise' promptly attended to. Address GEO. SANDERSON & SON, Intelligencer Office, No. 8 North Dnke street, Lancaster, Pa. -*-46 4 "FIR. SWEE'I' , S kJ INFALLIBLE LINIMENT, TUN GREAT EXTERNAL REMEDY. . . FOR RHEUMATISM, GOUT, NEURALGIA, LUMBAGO STIFF NECK AND JOINTS, SPRAINS, BRUISES, CUTS AND WOUNDS, PILES, HEADACHE, AND ALL RHEUMATIC AND NER VOUS DISORDERS. --- - . For all of which it is a speedy and certain remedy, and never Inns. This Liniment is prepared from ths recipe of Dr. Stephen Sweet, of Connecticut, the famous bone setter, and has b-en used in his practice for more thou twenty years with the most astonishing success. AS AN ALLEVIATOR OF PAIN, It is unrivalled by any preparation before the public, of which the most skeptical may be convinced by a single trial. This Liniment will cure, rapidly and radically, Rheu matic Disorders of every kind, and in thousands of cases where it has been used it bas never been known to fall. FOR NEURALGIA, it will afford Immediate relief in every case, however distressing. It will relieve the worst cases of HEADACHE in three minutes end Is warranted to do It. TGOTGACLIE also will it cure instantly. FOR NERVOUS DEBILITY AND GENERAL LASSI TUDE arising from imprudence or excess, this Liniment is a most happy and unfailing remedy. Acting directly upon the nervous tissues, It strengthens and revivifies the sys tem. and restores it to elasticity and vigor. FOR PILES.—As an external remedy, wo claim that it is the beg known, and we challenge the world to produce an equal. Every vi•tim of this distressing complaint should give it a trial, for it will not fail - to afford Immediate relief and in a majority of cases will effect a radical cure. QUINSY AND SORE THROAT are sometimes extremely malignant and dangerous, but a timely application of this Liniment will never fail to cure. SPRAINS iire sometimes very obstinate, and enlarge ment of the joints is liable to occur if neglected. The worst case may be conquered by this Liniment in two or three days. BRUISES, CUTS, WOUNDS, SORES,JULCERS, BURNS and SCALDS, yield readily to the wonderful healing pro. parties of Dr. Sweet's Infallible Liniment when need ac cording do directions. Also, CiII.LBLAINS, FROSTED FEET, INSECT BITES and STINGS. livery Horse Owner should have this remedy at hand, for Ito timely use at the first appearance of Lameness will effectually prevent those formidable diseases, to which all horses are liable, and which render FO many otherwise valuable horses nearly worthless. Over four hundred voluntary testimonials to the wobders fed curative properties of this Liniment have been received within the last two years, and many of them from persons in the highest ranks of life. _ . To avoid imposition, obderve the Signature and Likeness of Dr. Stephen Sweet on every label, and also w Stephen Sweet's Infallible Liniment" blown in the glass of each bottle, without which none are genuine. For Sale b➢ all Dealera. S WEAFFEWS CHEAP BOOK STOKE No. 32 NORTH'QUEEN STREET IS .THE PLACE TO PURCHASE SCHOOL BOOKS & SCHOOL STATIONERY COMPHIALSO ALL ME VARIOUS READING AND SPELLING BOOKS, ARITHMETICS AND ALGEBRAS, GRAMMARS AND ETYMOLOGIES, DICTIONARIES AND HISTORIES, PHILOSOPHIES, ko., Ao. COPY AND COMPOSITION BOOKS, LETTER, CAP AND NOTE PAPER, • BLANK-BOOKS, SLATES, LEAD AND SLATE PENCILS, PENS AND HOLDERS, INK, INKSTANDS, RULERS, and the best and most complete assortment of • SCHOOL STATIONERY IN THE CITY. Asar• Liberal discounts made to Teachers and Merchants JOHN WRAPPER'S Cheap . Cash Book Store 82 North Queen Street, Lancaster. tf 40 AUCTIONEE.H.I•NG The - undersigned offers hie services to\j,he. public as an Auctioneer. He will attend to the crylifig of sales of real estate,personal property, and in fact to all matters per taining tenet Auctioneer's ceiling. Hie charge's will be moderate, and he respectfully solicits a share of custom. Callaby letter or otherwise Wit receive prompt attention NY:address is KirkwoTxt P. 0., Lancaster county; Ps. SIMEON W. SWISHES. Kirkwobd, Novoriber 2,1883. • " ' nov 3 4to 43 AIICTIONEERALS . G BENJAMIN F. ROWE. respectfully Informs the pub. tic that he will attend to Crying gales of Real and Personal property In any part of the county. Those wishing. hie services are requested to apply to Gerardo!' Clarkson, Esq., at the Prothonotary's Office, who will promptly attend to the matter. Letters addressed to me at. Inithrille' P. 0.; Lancaster, want", will be promptlystteided to. •'. I fah 14 K 7 CAUTION RICHARDSON & CO., Sole Proprietors, Norwich, CC. {Jane 16 ly 23 D R. EWE:IMM ' IEWHILZIELM LIEU __" T;' - • THE GREATEZ ri MEN ar.trAt, aIIMBHT. FOR RHEUMATISM, GOUT, HEURALGIA., LUMBAGO, STIFF NEC% AND JOINTS,- EFRAIN% BRUME, OUTS AND -WOUNDS; 'FILER 'HEADACHE, AND ALL RHEUMATIO AND NEB—,_ DR. STEPHEN SWEEP, OF CONNECTICUT . The DR. STEPHEN . SWEET, OF coGreet Nrnon Natural Hon• BeNter. sracer. • Is known ell arse theEnitet elm.. DR. STEPHEN SWEET, OF CONNECHIOUT, Is the author of "Dr. Serewit's Wanda LlubstinaL* DR. SWEET'S INFALLIBLE LINIMENT Cures Rheumatism and neva tails: - • - • DR. SWEET'S INFALLIBLE LIEDIONNT _ Is a certain remedy ForYeltralitts. DB Swialers manual." itinKierr Cores Bat= and Scalds immediately. .. DR. SWEEPS IN/ALL/ELM LINDICIDIT Is the best known Remedy Ibi Sprains and &aim& --- DR. SWEETS INFALLIBLE LINIMENT Cures Headache immediately and was XllMltkibellait) DR. SWEEPS INFAT , T , TRINI LINIMENT Affords Immediate relief for Pilea,and eeldont Ms to cure. DR. SWEET% INFALLIBLE LINIMENT Cores Toothache in one Minute.:: DR. • ,t DR. SWEET'S . 0 7ALLUILEA4NUMIT Cures Cuts end Wounds itumediately-end-Jeava_nnacar.._ DR. SWEHP.SIN?AILLIDELVE/MEET Is the best remedkfor SETA in'the knOtin sestidiaU DR SwslarslNPALLlaLli prai Hes been Used by more than. a people,. "Aid -la DR. SWEET'S iffli'AilaßLE =MOM Ia truly a Mend In need,"'aprX eTery W.takillick/n{Y• it at hand. DR. SWEET'S INBAIXIBLEAM' Ie for gale by all Drunter& Mee 25 and 1.9 cents. 1110ELUID8ON 3 00., Bole Proptlatonv Niirirtett, OR sir- For sale by all Dealers.' ,[jantr9Sly.24... m Vadietii 4 1 e IBP.T.: e a 4 E.gao . 4 teo CD, •c0a20 , 2214= 0 r" o ;4oVE..a'E=ol4° guier-tger.=B:4. . 4 . :4; '4gtAg. b: g '" ° i - tiV AI E .S ' B 45, a46 1d1:1 , APV 4 g2 2 lgaill.VM 0mAci4144:510 2 2 m 1;11'.4v i © 4 f.l a !M2tEl4o2l:tlyqa l RE.4 W Pl gg e Wage''g"■ Q ZZ .' .:h 15 1 ' 4 15 e P 7 ,7e::F l% ll%...tteVaZP4 51 1, 4 217 m, :1415-thl ( Z-1 qinlialal4, FANCY FURS i FANCY F 2 JOHN FABEIR A, 7 1 8 Agog (below Bth south side,) Importer, Manufacture Maud Dealer In ell kinds =3M3MI for Ladies' and Children' I wish to 'return m' thanks to my friends o Lancaster and the sue rounding counties, for that iory liberal patronage ex tended to me during till last few years, , and woul, say to them that I nov have in store, of my OWI Importation and Manufe meat of all the different Furs, for Ladies and Chit the Fall and Winter seas, Bteng the direct Importer of all my Fare from Et opy and having them all Manufactured under mypmi , vision—enable; me to offs; my emitomera.and the.= a much handsomer set of Farr. for the eamerliagy. Ladles please give me a call before purchasing! , ylease remember the name, number and street-, FAlllakk No. 718 Arch Street, Philadelphia. . K _ igii 0 at,117 3- 0 — 4 - 2 -2 g aes4 ~..: w '' qg 1 ...A l ' 7 .. 1g 4 ',.Q' -alti4 6 -1 "-:.11F . .s. A .-,:i ID 2c3xt. a s's . :-. g & i t 'c4 gt.,1,;13.2 ....3 '-....5. 2 5 ,7 =014. .... Softm ~.. *241 om.,.m'. E,IR 0 =4.44,Ae21.g.214 it4.l§i : 1 M,.....=08=0..0 ..„ 0 0,, ~,a2--.8 . J .5.4.m.0c1 a .a 4'l. i- ,4 t m 11: 0 .2,13-r- Cid A o gATlft-r4iLlg a r - 8 41, n 0 . 2 . 70 ":Z7.-.=R....... - 30 , 5444 1V0".i."4 Ag."4''"l Is= l-41, 4. ,..1 :mAg A tt1M N,,,a11,40' -ra-V.,.. E .0., E.tiN.1. , a%7 , 7.0. 0 et i 1,.. I . , :g.asEA . gggi. o'gErz , l.. gllmrs: ,04 g .041 , 41 -,°: -. 2.11:-; 14 - Ilf•itgB ,a3R:2;11 71 51 .a tiVP ggil 2 4 l 4"k Q.. ,li.„ei ,ta.....ip E-4 4 Eotig. -toNEWA ...P.... fl‘! . ..t; 2.1 ;71' 7 a 4 E & H. T. ANTHONY, MAN OFACTURERB OF PHOTOORAPIIEO MATIBIALS, 501 BROADWAY, N. Y. CARD PHOTOGRAPHS-. Our Catalogue now embraces considerably over YOUR THOUSAND different subjeCts (to glib% additions are continually being made) of Portraits •Of Ernimint Armed cans'etc., viz: ' 72 MaJor °anemia 190 Brigadier Generals, 259 Colonels, 84 Lieutenant Colonels, 207 Other Officers, 60 Navy Officers, • 625 Statesmen, • 127 Divines, - 116 'Authors, 30 Artiste, 112 Stage, 4 147 Prominent Fr uni reign l V 'W Orirld ‘;'me ta n : 2,600 COPIES OP WORKS OV ART, ; Including reproductions of the moat celebiattidingetiv. Loge, Paintings, Statues, kn. Catalogues setft-011•PSI441P8 of Stamp. An order for one dozen PICTURES from our Catalogue will be filled on receipt of $l.BO, "and lilt by mail, free. PHOTOGRAPHIC' ALBUMS. ' Of these we manntaeture a : , great, variety, ranging in price from 60 cents to $5O each. Our ALBUMS have the repulse:m:of being inverter 111 beauty and durability to any others. The smaller _kinds can be sent safely by mail at a postage of eiriellts Or OZ. The more expenalve can be sent by 13zpriwa. • - We a,so keep a large assortment' of lITHEBBOOPINI AND STIOIE6OO6'IO VIBWI3. Our Ostsloguw w f thMHRjII be sent to any addrees on receipt of Stamp. ErAlr T. ANTHONY, Manufacturers of Photographic Materlolool Broadway, New York. Friends or relativs of prominent military men will en ter a favor by sending UZI their likenesses m-copy. Thay will bd kept carefully and•reithilCd linitrjurftd:' Fine Albums made to order for Congregations top:mew to their Pastor, or for other - purposes, :With meltable In. scriptions, An. • • 'Drain Pjd _3? SOMETHING FOR THE TINES:I A NECESSITY IN EVERY ROUSEHOLDII,I",. JOHNS If asoszErs AMERICAN CEM.EN' T''424:L1114 22119 EITBONGZST GI vs iraz WV= FOR CEMENTING WOOD, LEATHER., GLARE, FAME, CHINA, MARBLE, POECELAIN,,ALAIMSTER, BONE, CORAL, &o, .lo v - rte. . The only article of the kind ever produced whkgh , teal - withstand Water. EXTRACTS " Every housekeeper should have a randy of Johns Greeley's American Gement flue." —Areto Turk Now. "It is so convenient to have In the hotuse."—Aretii.Yerk Expreaa ' : . BMSSM;;==:2I " We have tried it,. and Ind it se useful in air hone as water."—Wilkes' Hermit of (henna. PRIOR TWENTY-FIVE OUTS PER Barns Very Liberal Reductions to Whole*. Dealer.. TERMS CASH.— Air For aaleby all Druggists audlitorekeepars generally throughout the country. . . JOHNS & OROSLEY, (Sole Manufacturers,) 78 WILLIAM ST., (Corner of Liberty St.,) NEW . YORK, July 9 516 THEG GREAT AMERICA/11.MM* COMPANY, . . • 51 VESEY STREET, NEW YORE, - since Its organisation, has created• . new era In thellstory of Wholesaling Teas In this Country. They have Introduced their selections of TEAS, and are selling them at not over TWO CENTS (.02 Centel per pound above Cost, never deviating from the one pries - Joked. Another peculiarity of the Company is that All* Tea Taster not only devotee hie time to the seedless of their TEAS as tb quality, Talus, and particular dyke Inns par ticular localities of country, but he helps thsTialsqyar to choose out of their enormos stock - nth Tele livarirteat adapted to his particular wants, and not only.. Jett points out to him the beet bargains. - CO; • • It is easy to see the Incalculable advantage * Telkikiler has in this establishment over all others. . If he Is no judge of Tee or the Market-411de Miele 'Rh* able—he has all the benefits Of a well orgenised= doing business, of au immense capital, of the j t of a professional Tea Taster, and the knowledge . of a superior salesmen. This enables all Tea buyers—no - matter , If they are thousands of miles from this marker—to pcirebam. ail as good terms here as the New York merchants. - Parties can order Teas and will be peril:sibylline:Well as though they came themselve‘belugsure to/00401nel packages, true weight and tares; and Mr Teiskensv-War. rantadaa repreeeuted. . We issue a Price List of the Company'll Tess,iriatika be sent to all who order it; comprising , t HYBON, YOUNG HYBON IMPILBISL , 0101,1POWIllit, TWA.NICAY -AND BEM,- OOLONG, SOUCHORG, OBANGS dl ziato , oz. JAPAN TEA of every description, colOtiedend an This list ham each kind of TeadividedintO /Mg ch gym, namely : Cargo, high Cargo, Pine, Vines:, that' itTer7 one may understand from description and.therpeleis limarad that the Company are determined to undersell the whole Tee trade . . . - is f199:1 We guerentee to sell all our Teas at 110 i. ovat . TWO OUTS (.02 cents) per pound abase cost, banning lift to be attractive to the many wholuive hinelutuutpetapolng enormous profits. GMT kINZEUTALNITReCCIIMINAft 7 . 4 beam* aisee J:0131111 NO.II V• 110711211•41144 ..... -- NO. 46.
Significant historical Pennsylvania newspapers