COLUMB DEMOCRAT, AND BLOOMSBUKG GENERAL ADVERTISER LEVI L, TATE, EDITOR. VOL. 17. NO, 38. "TO HOLD AND TRIM TUB TOItOII OP TRUTH AND WAVE IT O'ER TIIU DARKENED EARTH." TERMS : $2 00 PER ANNUM- BLOOMS BURG, COLUMBIA COUNTY, PENN'A,, SATURDAY, NOVEMBER 21, 1863, VOLUME 27. A POETRY. Ago and Youth. Pprltig was busy tu tha woo.llanJi, Climbing up from peak to peak, Ai an old mini sit ami brooded, Willi ft flush upon till check. Many yearn pressed hard upon him, And Ills living t r iiMi (1 uere ft it, And from out tho .ombro foaturo Troubles drifted into view. There I. something moves us strangely. In old rutin gray with years ; Yet thcru'a something far moro touching In an old faco ml with icarj. Ani ho at there, sadly sighing O'er his feebleness and wrongs, Though tho birds outside his window Tnlkwilof summer In their songs. Hut, behold t a rhango enmcs o'er 111 in ' Whcro ore nil his sorrows now 1 Could they leVvo his heart ns quickly As th a gloom clouds left his brow I Up the green slnpo of liis garden, I'.nt I lie dial, he has run Tliri'o young girls, with brlcht eyes thinlng, I.Ike thclrbrown beads, in the sun I There was fanny, f.uncd for wis loin : And fair Alice, famed for pride ; And une that could say ".My uncle," f And said lltt.o else beside. And that vision startled memories. Tint soon bid nil scenes of strlfi", Pending lluo.ls of hallowed siinshina Through the rugged rents of life. Thonthey took him from his study. Through long lanes nhd tauglod bowers. Out into the shaded valleys, ilichly tinted o'er with iluwcn. And ho blessed their merry voices, Hinging run ml him as he went, I'or the sight of their wild gladness filled his own heart with content. And that night tlrc came about him far-olf mentions pictured fair, ' And old woods in which he wandered Kre he knew the name of care; And ho said ; "Tiienu ngul faces Take the u hlmocss from one's hair." THE CONSCRIPTION ACT. The Supremo Court of Peuiisylyania Decides Hio Cuuscripliou Act Uncoii Miluliojial. Oq Monday, November 9th, 1S0U, the Supremo Court, sitting nt Pittsburgh, Pa., rendered a decision in tho iunttur of tho application of threo drafted men belonging I . to Philadelphia, who hied Hills in Equity to tost tho Constitutionality of tho Con scription Aft, The applications were for iujuuctiotis to restrain tho Government officers from sending tho complainants into the military service. The Court de cides tho Act of Congress uuoonstitulionnl, ami grants preliminary injunctions in each case. Kncedler vs. L'tne, ami others. Smith vs. Lane and others. Nichols vs. Leh man and others. 01'IXIOX OF CHIEF JUSTICE 1,0 Wit III. These aro three bills in equity wherein tho plaintiffs claim relief again.-t tho de fendants who, acting under the Act of Congress of the 3d of March last, well is suro to bo driven into inaasurcs which, in tho courso of a few years, aro condem ned and pass away. With a sort of moral polarity, thu extremes of social cxcitemoiit breed each other, aud moderation falls, for a while, powerless bctwoon them, aud usually it is only by severe social trials that this condition of society is remedied, antl then it is discovered what were tho purposes and ideas to which tinduo prom iuence had been given, to tho disturbance ot tiio ortlor unit harmony of the State. have subjected it to somo mlo of equality or proportion, and to somo restriction in favor of Stato rights, as thoy havo done in other oases of compulsory contributions to Federal nccossitios. Wa are forbidden by the Constitution from inferring tho grant of this power from its not being ounumor ated as reserved j and tho rule that what is not granted is reserved operates in tho satno way, aud is equivalent to tho largest bill of rights. No doubt it would bo unreasonable to On this nucation woou"ht to be able toi sunnoaa that (J avoid this vice, which is so common in all I natural rights as to tako such an advan moral and political reasoning; for our ap-j tage of tliis want of regulation of their poal is to tho Constitution, a written stan- power, as that above iiulioatedj but tho dard, adopted by us all, sworn to by many lathers of tho Constitution did prcsumo of us, and obligatory on all who exercise tho rights of citizouship under it, until they can sccuro its alteration in a regular and peaceablo way. By that standard alono nan wc try this act, Is it author ized by tho Federal Constitution ? That Constitution, adopting our histor ical experience, recognizes two sorts of military land forces the militia and tho army, sometimes called tho regular, and sometimes the standing army and dole gated to Congress power ,lto raise and support armies'' and "to provido for call ing forth tho militia to execute tho laws of the Union, suppress insurrections aud 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 uot lounded on the power of ''calling forth tha militia'' for thoio who are drafted under it ha-vo not boen armed, organized and disciplined under tho militia law, and aro not called forth as militia under Stato officers as tho Constitution re quires. Art. 1, 8, 10. It is, therefore, only upon the power to raise armies that this" act can bo founded, and as this power is uudisputed, tho ques tion is made to turn on the ancillary pow er to pus "an laws which shall bo neces sary and proper" for that purpose. Art. 1, 8, 18, It is therefore a question of tho mo'lc of exercising tho power of raising armies. Is it admissible to call forced re cruiting a "necessary and proper" tuodo of exercising this power ? The fact of rebellion would not seem to make it so, because lbs inadequacy or iusufficiincy of tho permanent and active torccs ot l tits Government lor such a caso is exprvs.ily provided for by the power to call forth the usually dormant forco, the militia; and that, therefore, is tha only remedy allowed, at least until it has boen fully tried and failed, according to the 1 maxims, rxpressio unius est ezditsio alter ! ius, and expressum fucil cessare taciturn. ' No other mode can be necessary and pro per so long as a provided mode remains ! untried ; and tho force of theso maxims is , increased by tho express provision of the Constitution, that powers uot granted aro reserved, and nono shall bo implied from tho enumeration of those which are reser ved. Amendments 9, 10. A granted rem edy for a given cause would therefore seem to exclude all ungranted ones. Ur, to say the least, tho militia not having hcen cal- kuown as tho Lonscnption Act, claim to led forth, it does not aud cannot appear coerce utc pimuuus vu uuiur mo army oi that another mode is necessary tor sup tho Uuited States as drafted soldiers Tho pressing tho rebellion. claim ot the plaintiffs is founded on tho objection that that act is unconstitutional. Tho question is raised by a motion for a preliminary injunction, and might havo boen heard by a singlo judge. But at the rcquost of our brother Woodward, who allowed the motion, aud on account of the ireat importance of the question, wo all agreed to sit together at tho argument. But wo arc very sorry that wo aro left to consider tho subject without thu aid of an i And it seems very obvious that a do pnrturo from tho constitutional modo can not bo considered necessary because of any defect in tho orgmizatiou of the mil ilia, for Congress has always had author ity to correct this, anil it canuot possibly that somo such things aro possible, and, therefore, they would havo regulated tho modo, if such a mode has been intended. It needed no regulation, if all recruits were to bo obtained in the ordinary way, by vol untary enlistments. Our jealousy of the usurpations of dotn jncntpartios is quite natural, and has been inherited through many generations of ex perience of cavalier and roundhead, court and country, whig and tory, partios, oach using unconstitutional moans of enforcing tho measures which thoy deemed cssontial or important for tho public wclfaro, or of securing their own powor ; and the lath ers of tho Constitution had experienced such usurpations from the very beginning ottho reign ot ucorgo 111, and wore not at ail inclined to grant powor which, for want of regulation, might possibly become merely arbitrary. They had had no ex perience ot forced levies for tho regular army, except by tho States themielvcs.'.ind it seems to mo they did not intend to grant s'ueh a power to tho Gcnoral Gov ernment. Besides this, tho Constitution docs an thorizo forced levies of tha militia forco of tho State in its organized form, in onso of rebellion and invasion, and, on the prin ciplo that a remedy expressly provided for a given caso excludes all implied ones, it is lair to infer that it docs not authorize lorccd levies in any other case or mode. Tho modo of increasing tho military force or the suppression of rebellion being given in tho Couhtitution, every other mode would seem to bo excluded. But even if it bo admitted that the reg lar army may be roeruitod by forced lev ies, it docs not seem to mo that thu consti tutionality of this act is decided. The question would then tako the narrower form. Is this mode of coercion consti tutional J It seems to mo that it is so essentially incompatible with tho provisions of tho Constitution relative to the militia that it cannot bo. On this subject, as on all oth ers, all powers not delegated are reserved. This power is not expressly delegated, aud cannot be. impliedly so, if incompatible with any reserved or granted powers. This is not only the express rule of the Constitution, but it i3 necessarily so ; for wc can know the extent to which State function wore abated by tho Federal Constitution only by tho express or neces sarily implied terms of the law or compact in which tho abatement i3 provided for. And this is tho rule in regard to tho com mon law ; itisehonged by statute only so far as tho expression of tho stauito re quires it to be. Now, tho militia was a Stato institution before tho adoption of thoFedcral Consti tution, and it must continue so, except so . I J I I fouud new powers in its own neglect of far as that Constitution changes it, that duty. Most ot the Presidents havo repeat edly eilltfd tho attention, of Congress to this subject, and yet it lias never been adequately attended to. I do uot know vided by tho Constitution, and substitutes) a now and unprovided one. Or rathor it takes that very Slato force, strips it of its officers, despoils it of its organization, aud reconstructs its elements under a different authority, though under somewhat similar forms. If this act is law, it is supremo law, and tho States can havo no militia out of the class usually called to militia duty ; for tho whole class is appropriated as a national forco under this law ; and no Stato can raako any law that is inconsis tcntwith it. The Stato militia is wiped out if this act is valid, except so fat as it may bo permitted by tho Federal Govern ment. If Congress may thus, under its power to raiso armies, constituto all tho Stato militia men into ''national forces" as part of tho regular army, and mako them "liable to porform duty in tho scr vico of tho United States when called out by the President," I cannot seothatitmay uot require from thorn all a constant mili itary training under Federal officers as a preparation for tho greatest officicnt when they shall be so called out, and then all tho State militia and civil officers may bo put into tho ranks and subjected to tho command of swob officors as tho President may appoint and every one would then soc that tho constitutional State militia be comes a moro name. Tho Constitution makes it and tho men in it a national force in a given contingency and in a proscrib ed form but this act makes so irrespective oi the constitutional lorm and contingen cy. This is the substantial fuel, and 1 am no', able to rcjinc it uioay. And itscoms to mo that this act is un constitutional, becauso it plainly violates tho Stato systems in this, that it incorpor ates into this now national forco every State civil officer, except the Governor, and this exception might havobcen omitted, and ev ery officer of all our social Institutions, clergymen, professors, teachers, superin tendents of hospitals, &c, into common soldiers, and thus subjects all the social, civil and military of the States to tho Fed eral power to raiso armies, potentially wipes them out altogether, and loaves the States as defenceless as an ancient city with its walls broken down. Nothing is loft that has any conslilional right to stand beforo tho will of tho Federal Government. If this be so, tho party in power at any time holds all State rights in its hands. It is subject to no restraints except that ot the common morality of tho time and of tho party, and every one kuows how woak and changeable this is in times of popular excitomont, when the party in power, con vinced of the Tightness and greatness of its own ends, thinks lightly of tha modes and forms that in any way obstruct or retard their attainment. There aro no constitutional restraint of this power, if it exists, and therefore, if the unsteady mor ality of party excitements will bear it, the party in power may require all tho troops to the drafted from tho opposite party or from States and sections where it prevails. Our fathers saw these dangers, and in tended tho Constitution to stand ns a re straint upon party power. They know that a party in power naturally encroaches upon every institution that obstructs its will, and is inclined, when its power tot tors, to adopt cxtromo, unususl and un constitutional measures to maintain it ; and they intended to guard against this. Thoy knew how Episcopalians, indepen dents and Presbyterians, cavalier and roundhead, court and country, whig and ly disposed of in opposition to public liber ty and tho control of tho militia so at tempted to bo usurped as to produce a revolution that resulted in the execution, of Charles I. But it seems to me that all this experience was lost, in rotation to a most important power, if tho wholo Stato militia system can bo set asido by tho Fed eral Government at thu very timo when it ought to net with with most vigor, as is done by this Act, All this clearly shows how little rclianco can bo placed upon moro partisan morality in political affairs and how necessary it is to havo an ac knowledged standard, such as the compact ol the Constitution, by which it is to be moderated and tried. In England tho popular jealousy of powor was usually directed against the party which was ordinarily represented by tho lung, becauso ho was a permanent authority ; but in this country, in tho act of framing the Federal Constitution, it could bo directed against no other power but that which tho pooplo were then erea ting, or tho paties that woro suro to con tend for it, and history tells us that tbi joalousy was intense aud watchful, and it was perfectly natural and inevitable that it should bo so. Status as well as individ uals, arc careful in putting themselves un dor tho power of others. That was tho power to be feared in its relations with tho States, and I know not how it is po3siblo to suppose that under tho power to raiso armies thoy were really giving up their wholo militia system at tho time when it is most needed, to bo the instrument of a sus pectcd power, a federal party in powor always prone, whatever bo its name, to place its respect-for tho tinio-honorcd doc trine3 of constitutional liberty in subordi nation to tho intemperate, and therefore nfluonco, but it has no real valuo in ascor- i legisluto has never been regarded as pro tainiuc truth, forcvon bad men may have venting actual Stnto legislation. And tho many correct principles. It was not danger of conflicts between Federal and for opposition to Mr. Monroes plan that nrgumcnt on behall ol tho Government, by why it might not havo been performed j the proper icgai ouicers oi. tuo uovcrn- sjuo this rebellion cc nicnt having deemed tueir duty not to ap pear For want of this assistance I cannot feel such on entire conviction of tho truth of my conclusions as I would othorwiso have, for I cannot be sure that I havo not over looked some grounds of argument that aro of decisive importance. Hut tho decision aow to bo made is only preliminary to tho final heariug, and it is to bo hoped the liews of thu law officers of tho Govern ment will not then be withheld Wc havo, however, a inuoh greater dif ficulty in the decision of this question, and one that is quite inevitable. It is founded on the fact that tho question has brcomo a question of politics, and tho great par ties of tho country have divided upon it. People havo not awaited tho decision of tho courts on tho subject, and could not bo expected to do so ; but havo studied and decided it for themselves, or havo rallied, Id opposing ranks, in support ot leaders commenced, aud vet do uot know that it could. Though, therefore, this act was passed to provido means for suppressing tho re bellion, vet tho authority to pass it does not depend on tho fact of rebellion. That fact authorizes forced levies of the milita f under their own Slate officers, but not fori tho regular army. j But it is not important that Congress may have assigned an insufficient icason j for thu law. If it may pass such a law for , any reason, we must sustain it for that reason. The question, then is may Con-. ' gross, independent of tho fact of rebellion ! - i. r i 1--! : 1 - or invasion, uiaiiu iuiccu iuvius in muci iu recruit tho regular army I If it may, it may do so even when no war exists or threatens, aud mako this tho regular mode of recruiting ; it may disre gard all considerations of age, occupation, profession and official station ; it may tako our Governors, legislators, head of Stato Departments, judges, shonlis and all m- ofton disingenuous zeal for party success In great political commotions, liberty is in its greatest peril ; becauso, neither party knowinrr how to cive or to receivo those reasonable concessions or that generous re-. spect that is necessary to restore peace, tho occasion demands force & alarm or excite ment gives it an undue measure, which in creases tho resistance, aud consequent ly tho excitement or alarm aud tho force, until all tho bulwarks of constitutional lib erty are passed or swept away. If Congress may institute the plan now under consideration, as a necessary and proper modo of exercising its power "to raise and support armies,'' then it soems to me to follow with moro forco that it may tako a similar modo in the exercise of other powers, and may compel people to lend it their money ; tako their houses for offices aud courts ; their ships and steamboats that Convention bcoamo notorious. Even their denunciation of it soems in tended as a prefatory apology for their other schemes ; for it was not prepared until two months after tho plan had been virtually abandoned by tho report of Mr. Gilo's plau to tho Sonato. Tho condom nation of tho Hartford Convention was founded mainly on tho undue and selfish prominence which it gavo to, and tho agi tations it raised in favor of its own sec tional interests, when tho country was on gaged in a dangerous war its oppsition to tho admission of new States, for foar of losing tho balance of power its demand that negroes should bo considered part of the militia its opposition to person of foreign birth being allowed to hold office and to its real or supposed intcntiqn to produce a secession of tho Eastern States, if it should not succeed in its measures. Their views, therefore oven by inversion, or ad invidiam amount to nothing in favor of this law, On tho subject of our authority to hoar suoh a case, 1 must infer, from tho refusal of tho Federal counsel to appoar, that it is denied ; and I express my views as woll as well as I am ablo without that assist ance which I think they ought to havo rendered No one denies that a Fcdoral, as well as a State officer, acting without constitutional authority, to tho injury of any one, is lia ble to bo sued for his acts in tho State courts, and I am quito unablo to discover that there is any distinction in such cases between preventive and redressivc rorae dies. As at present advised, i cannot doubt that the Stato courts, having author ity to determine the right in such cases in the first instance, thoy may cxcrciso it ao cordiug to any known remedy that suits thu case, lcdal or equitable No ordinarily well educated man can doubt that, independent of tho Federal Constitution, such universal lundicial pow er is inherent in tho States, and might by them bo assigned to their judiciary, as it is in our btatc in tho authority to enjoin against all acts contrary to law and pre judicial to tho rights of individuals: and therefore, this power romains to tho States unless it is taken away by direct prohibi Hon with the 1'cderal system. No one that I know of protonds that it has been directly taken away. Indeed so far as tho Constitution itself goes, it is expressly left to tho States and therefore to tho Stato courts ; for the Constitution for the navv : thoir laud for its fortresses : ! actually institutes no court but tho Su- their mechanics and workshop for the dif-1 preme Court ; aud it gives to it no original fereut branohes of business that arc needed jurisdiction oxocpt iu cases where a foreign for army supplies ; their physicians, min-i ministor or consul, or a State is a party, isters and women for army surgeons, ' For all other case3 within the Federal chaplains, nurses and cooks : their horses power, it gives only arJpellato jurisdiction and wagons tor their cavalry and lor army And, as thero may ue no other man stato State authorities is not different in it character from that which may arise be tween different departments of tha same Government, and leud to results that aro quito insoluble. Mutual trust and rospeot and a oarcful adherence to tho Constitu tion, can' alono savo us from such difficul ties. It is with very real distress that I find my mind forced into this conflict with, ad act ol Congress of such very great impor tance in tho juueturo of Fcdoral affairs ; but L cannot help it. Possibly, and tha question is bo presented that I cannot vauo it, an arrangomcnt from the counsel of tho Government might havo aavod mo from this, it it is an error; and it may yok produco a different result on the final hear ing, which i trust will take nlaco so soon that no public or privata injury may arise from any uiisjudgmcnt now and heroj Certainly, in this great struggle, wo owJ nothing to the rebels but war, until thoy submit, unless it bo that we do not let tho war so depart from its proper purposes as to forco them to submit to a constitution and system different from that against which they havo rebelled. But wa do owo it to each other, to minorities and individ uals, that no part of that sacred compact of Union shall becomo the sport of parti san struggles, or bo subjected to tho an archy of conflicting moralities, urged on by ambitious hopes veiled in tho back ground. Our solemn oaths and plighted, faith havo made that compact the shield of state constitutions, institutions and pecu liarities, and of their right to their own tree development, against all arbitrary and intermeddling action of tho central Gov ernment (which in all lrce countries ropro sents a party), and I venture to hopo that mac smeiu win continuo to auoru hi inten ded protection. What I havo written, I havo written un der a very deep sense of the responsibility imposed upo n mo by my position, and with an earnest desiro to bo guided only by the Constitution. Very many will bo dissatisfied with my conclusions, but I submit to tho judgment of God, and also' to that ot my fellow-citizens when tho present troubles shall havo passed away and are folt no more. I am in favor of granting the injunction in favor of each of the defendants for hii own protection, but not for tho staying ot all proceedings under tho act. ORDER. Nov. 9, 18G3. Preliminary injunotion (in oaeh case) granted for the protection of tho plaintiff, on his giving bond with urity to bo approved by tho Prothonotaryf in tho sum of S500, according to law, and refused for any further purpose. who profess to have studied it or havo done , ferior officers, and all our clergy and pub so. Our own history shows that our courts ' lie teachers, and leavo the Stato entirely havo no moral authority adequate to disorganized ; it may admit no binding being such divisions into unity, That I rule of equality or proportion for tho pro- tort oi autnoriiy requires a mucu larger iccuuii ot iiiuivmuuis, oiuius uuu sucnuiu, degree of mutual confidence between the courts and tho people than is usual in our experience, cspeoially iu times of popular excitement. All men believo themselves impartial in tho decision even of party questions, and, therefore, it is impossible for them to abandon their decisions on the rocro au thority of any ono, unless whon thoy fcol that authority to bo final. Partiality in suoh matters seldom proceeds from any dishonest purpose, and generally arises from giving unduo prominenco to somo purposo or idea that is, in itself, quite proper, and, of courso, this is usually dono quite uuconseiously. In times ot excite ment it is quito impossible to avoid this, acd henco in such limes moderato views sro very furo to bo condemned, and cvon GJyorumut itself, in all its Depuitmcuts, In all other nutters of allowed contribu lion to the Union, duties, imposts, excises, and direct taxes, and organizing and train ing the militia, tho rulo ol umtormity, eauality or proportion is fixed in tho Con stitution. It could uot bo so in calling out tho militia, becauso tho emergency ol re hellion or invasion does not always allow of this. But for tho recruiting of tho army no such reason exists, and yet, contrary to the rule of other cases, if it may bo re cruited by force, wo find no regulation or limitatiou of tho exercise of tho power, so as to prevent it from bums arbitrary and partial, and honco wo infer that suoh u modo of raising artnios was not thought of and was uot Granted. If any such mode had been tho intotition of the fathers of tho Constitution, they would certainly is, by subjecting it, under Stale officors, to organization and training according to ono uuilbrut Federal law, aud to bo called forth to suppress insurrection and repel in vasion, when the aid of the Federal Gov ernment is ncolcd, and it needs this force. For this purpose it is a Federal force ; for all others it is a Stato forco, and it is call ed iu the Conititutiou "the militia of tho several States!" 2,2,1. It is, therefore, the standing forco of the States, as well as, iu certain specified reapscts, the 6tandiug forco of the Union. And the right of the States to have it is not only not granted away, but is expressly reserved, and its whole-history shows its purposo to ba to secure domestio tranquillity, suppicss in surrections and repel invasions. Neither tho States nor the Union has any other militia than this. Now. it seems to mo plain that tho Fed eral Government has no express and can havo no impliod power to instituto any na tional force that is inconsistent with this. This forco shall continue, says the Consti tution, aud the Federal uoverument shall raako laws to organizo aud train it, as it thinks best, and shall have the use of it when needed ; this seems reasonable and sufficient ; is tho forco provided for by this act inconsistent with it ? It scorns to mo it is. By it all men be tweon the ages of twenty and forty-five aro "declared to constituto tho national for ces," aud mado liable to military duty, and this is so nearly tho class which is usually understood to constituto the mili tia force of tho States that wo may say that this act covers thowholo ground of the milita and exhausts it entirely. It is tory parties, had each in turn, when in power, tyrauuized over their opponents and sacrificed or endangered public liberty. They had felt how great was this evil in all tho partisan struggles that preceded our Revolution, and thoy desired posterity to proDt by their experience. The very restrictions upon appropriation for tho support ol tho army exceeding two years, n copied from our English ancestors, aud waa ileemod by them a constitutional lim itation of the party in powor. Nono of our constitutions, State or Federal, havo any purposo or function moro important than that of restraining and regulating the party that may chanco to be in power, and that is oneol tho most important purposes of tho separation of governmental functions into different departments. Lot any ono road a few of tho instances in English history alone, without refer ence to our own or Roman or Grcoian his tory, wherein liberty has boon sacrificed to the interests of a party in power, and ho will sco how important aro our consti tutional restrictions, and how little proba ble it is that so great a power as this should havo been left by our fathers with out restriction courts of hish commission ecclesiastical commission and star chamber and high courts of justico, and special commission of oyer and terminer, under such Judges as Scroggs and Jeffries, cre ated for tho purposo of trying and condem. ing acts which no law forbade liberty of speech and of tho press most eruolly pun ished by such courts when it ventured on too freo a dissent from tho policy of tho dominant party informations by the At torney General substituted in such oases for iudictment by tho crand jury mem- in fact, in all its features, a militia, for na- bers of Parliament expelled becauso thoir tional, instead of Stato purposes, though i opposition was offensive or dangerous to claiming justification only uudor the powor I tho ruling power military officors dig- to raise armies, and accidentally undortuo ) missed becauso of their political opinions, tact of the rebellion. In England this can 1 as were Lord Shelbourno, General Con can bo dono. becauso, tho Stato being a , way and Colonel Barre, uudor the Gran unit thero, there can bo no place for the , villo ministry, for their opinions in favor distinction between Stato and Federal ' of America rumors of plots, real aud powers, and tho army and militia forces , fiotitious, such as the Oates conspiracy, becomes naturally contouniico, tuo Meal rut) and Ujo House plots, raised It seems to mo this is an unauthorized i and magnified in order to alarm tho poo- onlutihiln fnr tlin militia of tho States. If nln noninstrill nnnnaitinn. and fuciliatn thn valid, it completely annuls, for the timo j downfall of rjangorous rivals patronogo UCllig, tliu ruiucuy ivr luauwuuuuu jiiu- peuBiuus, auu cmj iu j: uuiauicui wunujn trains and their provisions and corps for the support of tho army. If wo give tho latitudiuarian interpretation, as to mode, which thij act requires, I know not how to stop short of this. I am suro there is no present danger of such an extreme in terpretation, and that even partisau mor ality would forbid it; but if the power bo admitted, we have no security asrainst the relaxation of the morality that genders it. I am quito unable now to suppose that ao crcat a powor could havo boon intended to bo granted, aud yet to be left so loosely guarded. It may bo thought that even voluntary enlistments in the regular army havo the same sort of inconsistency with the militia system as forced recruiting has ; but moro careful reflection will show that it is not eo. Enlistments in tho army takes away a part of tho militia ; but every militia system allows for this, and tho gcnoral purpose of both is the same tho constitu tion of a military forco. And, besides this it is of tho very nature of tho system that it leaves every man free in pursuit of his ordinary calling, and binds no man to any part of tho militia, except by reason of residence, which no may aoanuon or change as ho pleases. 1 his act seems to mo uo lurthor uncon stitutional in that it provides for a thorough confusion betweon the army and tho mili tia, by allowing that tho regular soldiers obtained by draft may be assigned, by the President.to any corps, regiment or branoh of service he pleases ; whereas tho Consti tutiou keeps the two forces distinct. Un der this law, tha l'resident may oven send them to tho navy. Undor tho militia sys tem overy man goes out with his neighbors anil frietids, and under officers with whom he is acquainted. It is very properly suggested that, in 1700, Gen, Knox, tho Secretary of War under President Wash ington, and with his approval, and in ISM, Mr. Monroe, President Madison s Secretary of War recommended plans of recruiting tho army, whiqli wero similar to this ono, and no doubt this is somo ar gument in favor of its constitutionality. But notuwithstandiug our great reverence tor those illustrious names, it is impossiblo to admit them as very influential on this question, when wo consider that neither of those plans was adopted by congress, anu the subject never received such a discuss- sion as to settle tho question. Instead of Mr. Monroo e plan a puio militia bill was rcportodby Mr. Giles, from tho Senate's Goiuittco on Military affairs. I havo noticed an argument that, be- oause tho notorious Hartford Convention opposed tho war of 1812, and with it Mr, Monroes plan ot recruiting tho army, therefore, opposition to a similar plan now ought to be suspected as unpatriotic No doubt tuch an argument may hve eom courts to try, theso cases, tho appellate ju lisdiction of the Federal Supreme Court necessarily loaves an original jurisdiction in them. such may Truo, tho Constitution authorizes inferior Federal courts as Congress think proper to establish ; but the author ity to establish such inferior courts cannot divest this original Stato jurisdiction ; Jo Congress might never cxcrciso its author ity, or it might not assign it to them ex clusively of tho Stato courts, Tho ver frame of tho Constitution, therefore, ad mits that the States may havo tho original jurisdiction of such cases, subject to tho appellate mnsutctton ot tho federal Su promo Court, and no Federal law has yet forbidden it to tuem, cvon it this may bo done. And such a judiciary system was not at all strange to tho lathers of tho Uonttitu tiou, and is well known in history. It was the very system of the colonies be foro our independence. Our colouiol courts had authority to try all kinds of oases whether arising under colonial under imperial law, and the only remedy for misiudement was by appeal or writ of error to tho proper imperial courts in Eng laud ; and so it was in Ireland uetoro th Union. And so it is everywhere with courts and othar authorities that are merely local in their constitution and jurisdiction; thoy administer even tho general law of Stato, but always subject to tho appellate authority of more general jurisdiction. And this appellato jurisdiction was in gen eral considered suiEoicnt to preserve tho Anglo Saxon courts iu duo subordination to tho royal courts after the Norman con quest ; though certiorari to transtcr causes beforo trial was also in use, and no Nor man was bound to abide tho judgment of Saxon oourt to whoso jurisdiction ho choso to object. No doubt a similar prac tice can bo traced in every oountry, not purely despotic whero differcut Stato or ganizations or different people havo beou united under ono general government, in many cases tho paramount law is interna- tional law, and yet sectional or State courts may decide what it is, subject to the appellato jurisdiction ot treaties oi ot urmios. With all this present to tho minds of tho fathers of tho Constitution, it seems to mo that thoy could not havo intended a depar ture without giving expression to thoir in tention, and thia thoy have not dono. They seem even to express tho contrary when thoy doclaro the Constitution and tho laws mado under it to bo not mofely Fed eral law, but ''tho supremo law of tho laud," and require all Stato officers to bo sworn to support it. iliat mere federal autiior After tho retreat of tho army of Gen; Rosccrans to Chattanooga ho issued a con gratulatory orders to his soldiers, in whioh ho said ; "You hold in your hands tho substantial fruits ot a victory, and deserve, and will receive, tho honors and plaudits of a grateful nation, whioh asks nothing of oven those who havo beon figlfting us but obedience to tho Constitution and laws es tablished for our own common benefit.' Gen. Rosoorans did not profit by tho ex perience of tho past. Gen. McClellan waa set asido for prating of the Constitution, and doubtless the same caused his removal. We like fine writing when it is properly applied, so wc appreciate tho following' burst of eloquence in one of our exchang es : As tho ostrich uses both legs" and wing3 when the Arabian courser bounds in her roar, as tho winged lightning leaps Jroin' tho heavens when tho thunderbolts aro loosed, so does a little negro run when a big dog is after him." Very Knowino. An clegently dressed young lady entered a railway carriage whero there wore coveral gents, one of whom was lighting a cigar. Ono of the' gents asked if smoking would iucomruodg. her. Sho replied : l'I do not know sir j no gentleman has oversmoked in my presence," An old Dutchman undertook to wallop'1 his sou, but Jako turned upon him and walloped him. Tho old man consoled himself for his defeat by rejoicing at hi son's manhood. Ho said, Veil, Jako ish a sohmart fellow ; he can whip his own taddy.' An Irishman was employed to trim soma fruit trees. He went in tho morning, and on returning at noon, was asked if ho had completed tho work. No, was the reply,' but ho had cut them down, and was going to trim them in tho afternoon. A friend of a soldier who wa3 suffering from a painful wound, said to him tho other day," Well, Tom, do you feci like going baok to the army when your wound is well i' "No, unless I could go back as a nigger or a brigadier-general." A negro dssorter, who was dragged through tho strocts of Boston tho other day, held up his manacled hands, exclaim ing, "Bis am massa Lincum's praclama shun dis am do liberty of tho colored' pusson." ''Why, dont your father toko a news paper!" said a gentleman to a little ur- it does not exoludo Stato action is very chin, whom ho oaught in tho act of pil woll illustrated by this very subject of tho faring ono from his door slop. ''Cauea mUitu, where the rcdcrl authority to j he sonus me to tako it," was ths roply. 1
Significant historical Pennsylvania newspapers