i r 3 I. ." j Ir.U. JICOBT, rnbllsher.1 Truth and Right- God and bur Country. Two Hollas per Annum. U VOLUME 15. BLOOMS BURG. COLUMBIA COUNTY, PA., WEDNESDAY NOVEMBER 25, 1863. NUMBER 5. I t STAB OF TO IS NOOTHk " ' PUBtlSl.Bb SYXHT WBDSE5TUT BT ; - " w ii. Jacob. y, - , Cilice en SaiaSU 3rd Square below Market, ' TKUMS:--Two Dollars pr annum If paid . with in six month from the time of subscri- bing: two dollars and fifty cents if not paid i 'With o thfc yuar. No subscription taken for ' n lets period than six months; no discon tinuance petmitted until alia rrearages are paid.,, unless at theoption of the editor. Ii terms tf advertising ttili be at follows i t One square, twelve lines thrse limes, SI 00 Every subsequent insertion, . ; . . 25 ; One square, ihre months, ...... 3 00 One year, --.T. ... 8 00 Choice poet rtj. THE -POOR OLD MAX. BY . TALIntRR0 DtLLARtX I isas rambling on morning gay, Without one car? or sigh, Twaa in the lovelv month of May, The sue was shining high ; The hills ivere clad in golden rays The lak was sparkling white, ,;The birds were ch.iritmg lonh their lays ; . With sweetness and delight ; ;And thrones were passing to and fro . - With miles on ery face ; Methoogtt I never saw before Such charms in any place. t - . . . . ,- A on I went with rapid pace. Cbeer'd with the scenes around, ' A man i aw with haggard lace, Lo-seated on the ground. ; His hair .as gray, bis beard unshorn, . ' His eyes were senken de-p, His hat wa old, his clothes were torn; The picture made me weep. ""' No word 'le spoke when near I drew, ' Bat meekly looked arooi.d, And from hi cheek a heavy tear Came ilowly roiling down. ' i ; - - ! said to iim, "Old man, indeed Yon tfvm to be in -vanl. And if, in truth, job are in need, Why don't you look tor aid ?" - "'Look at these pallid cheeks," he cries, "And at this breast so bare ; Aod see these dim aad snnkea eyes, - And hiary locks of hair. ' - ' "This Tvorn out robe, this feeble frame, Now vi?rgiig on the grave ; This care-worn face, all, all proclaim That 'I compassion crave. 'When these attiring daily ask . For mi a small relief, . I'm only taunted vfiih my rags, And ht nt away in grief. "Those ivho like rue are very poor, -s Dii often pily show j t ut at their humble cottage door, . Is fourd but iiltie now. " "Bat from the rich and ample storey Relief is seldom given, . ?o to thr old, when very poor ..The highest hope is Heaven." !,, . ,u. ,...,,. , . Inccnstitationality or the Conscription let. - ' " '- JUDGElrOODTPrfliD'S OPINIO X. . m . . : - Woorjwj.RD J Or: the 3d day of March, 1SP3, the Congre-a of the United 5tate paused an Act for "enrolling and calling out the Natlocal forces, and for other pnrpos- es," whicli is commonly called the Con- tciiDtion Iaw. ' The plaintiffs, who are i . citizens o Pennsylvania, have set forth the , act. fully vi their bills, and they complain that they have been drafted into the milita ry service of the Government In pursuance - of said en;ictmeot, but that the same is on-'- constitutional and void, and that the de fen- . dants, wh are enguged in executing the -' ac:, have 'violated the rights and afe about ' So'idvade the personal liberty of the plain tiffs, and thereupon they invoke the eqoita blu interposition of this Court to enjoin the dsfendanls against a farther execution of 'r ihu said Act. " For the jurisdiction of this Court to set - , aside an act of Congress as unconstitutional and to grunt the relisf praed for, I refer myself to the Tiews of the Chief Justice, io th3 opinion he has just' delivered in these cases, aruM come at once to the constiin r libsal question. r ' -The Act begin? with a preamble which resiles this existing iasurrection and rebel lion against the authority of the United . tSlttes, tbs duty of the Government to ear press insurrection and rebellion, to guaran- 138 to each State a republican form of Gov ernment, and to preierve the public tran quillity, and declare that for these high purposes a military force is indispensable, "to raise and suppoft which all 'persons otight willingly to contribute," and that no service li more praiseworthy and honorable than the; maintenance of the Constitution ai4 Union ; and then goes to provide for the enrolling of all the able bodied male ' ciuzens of ihe 'United States, and persons ol foreign binh, vrho have declared their intention to become;; citjzena,: between the ;ea of ttreoty ona nnd forty -five years.artd these able-bodied citizens and foreigners, with certain exceptions afterward enomera tJ, t.T9 aclared "ike national brcet" and , made liable to perform military doty when csJIad out by the President. - The act df riisa the country inio military districts cor responditig with the Congressional districts, provide for provost marshals and enrolling boards, aad regulates the details of such d,-afu as; the President efcail order to be ruaJa irotz lha naticnal forces so enrolled. T.js Faf ,2e3t of3C0 excuses any drafted twscn, ' that it is, in fact a law providing far cc-rsp'ilsory draft or cocscriptioa of such ci:i-3K5 is ara cn witling or'nnab'e to par clxza esiib?tion'atlbe stipdatad price. It' ji lis- ;it isViancsia our history, of lesia- lation forcing a great public burden on the poor. Oar State legislation, which exempts men who are not worth more than $300 from paying their own debts, i&.in striking contrast with this Conscription law, which devolves nporsuch men the burthen which belong to the whole" "national forces," and to which "all persons ought willingly to contribute." This, however, is an objection to the spirit of the enactment rather than to its constitutionality. The description of persons to be enrolted, able-bodied citizen, between 20 and 45 years of age, is substantially the descrip tion of the militia as deficed in our Penn sylvania statutes and probably in the stat utes of all the Slates The national forces, then, mean the militia of the States cer tainly iuclude the militia of Pennsylvania. This expression, "national forces' is mod ern language, when so applied. It is not found in our Constitutions, either State or Federal, and if used in commentaries on the Constitution, and in history, it will gen erally be found applied to our land and na val forces in actual services to what may be called our standing army. It is a to'.al misnomer when applied to the militia, for the militia is a State institution. The Gen eral Government has no militia. The State militia, always highly esteemed as one of the bolwnrks of our liberties, are recog nized in the Federal Constitution, and it is not in the power ot Congress to obliterate them or to merge them in 'national forces.' . Unless there is more magic in a name than has ever been supposed, this conscript law was intended to act opon the State mi litia, and our question is, therefore, wheth er Congress has power to impress or draft the militia of the S ate. I cannot perceive what objection can be taken to this state ment of the question, for surely it will not be argued that calling the militia national forces makes them something else than the militia. 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 citizens between the ages of twei.ty-one and forty -fife years) residing in this State, and not exempted by the laws of the United States," with certain specified exceptions, constitute our State militia. W ill it be aid tnat the conscrpt law was not intended to operate on these 1 I think it will not. Then if it does touch, and was framed and designed to draft this very clas of citizens, no possible objection i can be taken to the above statement of the question e have to decide, j I, therefore, repeal the question with ; great confidence in its accuracy, has Con ' gress the iottitutioiai power to impress or draft into the. military service of the United Slates the militiamen of Pennsylvania ! This question has to be answered by the Constitution of the United States, becan-e mat instrument, framed Dy deputies of the people ol the States and ratified and put in- 10 eneci ay ine oiaies inemse ves in tneir . , . : respective corporate capacities, delegate? 10 Congress all the powers that body can jexerciio. These delegations are either ex- ! press or such implications as are essential to the execution of expressly delegated j powers. j There are but three provisions in the j Constitution of the United States that can be appealed to in support of this legislation. In ordinary editions they stand cumbered as clauses 13, 16 and 17 ot the VIII section of Act 1, ot the Constitution : "13. Congress shall have power to raise and support armies, but no appropriations of money to that use shall be for a louger term than two years. "1. Congress shall have power to pro vide for calling forth the militia to execute the laws of the Union, to sarpress ' insurrec tion and repel invasion. .. "17. Congress shall have power to pro vide lor 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 Slates respectively the appointment of the officers and the authority of training the militia ac cording to the discipline prescribed by Con- gress it To raise armies'- these are large words! what do they mean 1 There could be no limitation opon the numtiir or size of the armies to be raised, for all possible contin gencies could not be forseen; but our ques tion has not reference to numbers or siz, but to the mode of raising armies. The fra mer of the Constitution, and the States who adopted it, derived their ideas of govern ment principally from the example 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 Constitution than that of Great Britain taking that as a model, in some things bnt enlarging the basis of popular rights in all respects that would be consist ent with order and stability. They knew that the British army bad generally been recruited by voluntary enlistments, stimu lated by wages and bounties, and that the few instances of impressments and forced conscriptions of land forces bad met with the disfavor of the English nation and had led to preventive statutes. In 1704, anJ again in 1707, concscripUon bills. were attempted in Parlament but laid aside as unconstitutional.- During the American Revolution a statute, 19 Geo. Ill C. 10, permitted the im pressment of "idle and disorderly persOos not following any lawful trade or having some substance sufficient for their subsist ence," and this was as far as English leg islation had goae when oar Federal Consti tution was planned. Aescredly the f ranters of oar Coustitaticn did not intend to subject the people of the States to a system of con- i scription which was applied in the mother (country only to paupers and vagabonds On j the contrary, I inlet that the power confer- red on Congress was the power to raise be called out under State, othcers, but lon armies by the ordinary English mode of , gres sa)s they shall be drafted, in contempt voluntary enlistments. ol State authority. General Washington The people were justly jealous of stand- ' and the men of his day, did not so read the ing armies. Hence, they took away most of the war power from the Executive, where under monarchical forms, it generally re sides, and vested in the legislative depart ment, in one branch of which the Suites have equal representation, and in the other branch of which the people of the Su?es are directly represented according to their numbers. To these representative? of the States and the people this power of origina ting war was committed, but even in their hands it was restrained by the limitation of biennial Appropriations for the support of the armies they might raise. Of course, no army could be raised or supported which did not command popular approdation, and it was rightly considered that voluntary en listment would never be wanting to re cruit the ranks of such an army. The war power, existing only for the protection ol the people, and left, as far as it was possi ble to leave it, in their own hand, was in capable of being used without their consent, and, therefore, could never languish lor en listment. They would be ready enough to recruit the ranks of an army ther deemed necessary to their safey. Thus the theory of the Constitution placed this great power like other governmental powers, directly opon the consent of the governed. The theory itself was founded on free and fair electionswhich are the fundamental postulate of the Constitution If the patron age and power of the Government shall ever be employed to control popular dec lions, the nominal representatives of the people may cease to be their real represen tatives, and the armies which may be rais ed may not command public confidence as to attract the necessary recruits, and then conscript laws and other extra constitu tional expedients may become necessary to fill the ranks. But governmental interfer ence with popular elections will be subver sion of the Constitution, and no constitu tional arguraenlcan assume such a possi bility. Supposing that the people are always to be fairly represented in the halls of Con gress, I main ain that it is grievous injus tice to them to legislate on the assumption that any war hoi.eoily waged tor constitu tional objects will not always have such ympathy and support from the people as will Fee-ore all necessary enlistments. Equally unjuM to their intelligence is it to suppose thai hey meant to confer on their servants the power to impress them into a war which they could not approve. When to these considerations we add the ability of a great country, like ours, to stim ulate ar.d reward enlistments, both at home and abroad, by bounties, pensions and homesteads, as well as by political patron age in countless forms, we see l.ow little! necessity or warrant there is for implying a grant ot the imperial power of conscrip tion There is nothing in the history of the Con stitution nor in those excellent contempora neous papers called the Federalist, to jus tify the opiniou that ts vast power lies wrapped up iu the few plain words of the 13th clause, whilst the subsequent clanses, concerning the mijitia, absolutely forbid it. It the very improbable case be supposa ble, thai enlistments into the Federal ar mies might become so numerous in a par ticular State is sensibly to impair its own proper military power, is it not much more improbable that the States mean to confer udoo the General Government the Dower to deprive them, at its own pleasure, altogeth er of the militia, by forced levies ? Yet this a m mitiht easily happen if the rower cf con I duties which the Constitution has commit ecription be conceded to Congress. There J ted to the Federal Government, and has are no limitations expressed nothing to . furnished it with all necessary civil func compel Cong'ess to observe quotas propor- J tionaries, and with power to levy and col- tior.s as among the several States nothing to prevent their raising armies wholly from one Slate, taking every able-bodied citizen out of it to the endangering, if not utter uu doicg of all its domestic interests. -And besides, if we concede this danger- , oos power to the language of the thirteenth clause, we destroy the force and effect of the words of the sixteenth and seventeenth clauses. We make the instrument sell destructive, which is violative of all canons of construction. Congress 6ball have pow er to provide for calling forth ihe militia in the manner and subject to the limitations prescribed in clauses sixteen and seventeen, and therefore, I argae Congress has not the power to draft thtm. Is an express rule of; the Constitution to give way to an implied one ? If ihe thirteenth clause confers pow er to draft the militia, the words of the six teenth and seventeenth clauses are the idlest that were ever written. But if the eighteenth conferred only the power to en- li.U volunteers, then the subsequent clauses become very intelligible stand well with the thirteenth, and add essentially to the i martial faculties of the Federal Government, Look at those clauses. The militia are to be called forth to execute the laws of the Union, surpress insurrections and repel in vasions, to be organized, armed disciplined by the State, but according to the. laws of Congress, and such part of them at may be employed in the service of the United States are to be governed by the President but officered by the respective Slates.. Now this Conscription law recites an "existing insurrection and rebellion" as the ground and reason; hot for calling forth' the' .militia under the above provisions, but for dtafting them into the military service of the United States. The very case has occurred in which the Constitution says ihe militia shall Constitution, when surpressing the whisky insurrection in 'this State they paid the most scrupulous regard to the right p.nd powers of the State. Under pressure of a foreign war, a Conscript Bdl was reported in Con gress, 1814, but.it did not pas, and if it had, it would have been ho precedent for :hi law, because we are dealing with an insur rection, and insurrections are specially pro vided for in the Constitution. If to support a loreign war Congress may draft the mill- tia, which I do not admit, the power of draft to snrpress insurrections' not to be implied since another mode of surpressing insurrec tions is expressly provided. When a State is called on for its quota ot militia, it may determine, by lot, who ol the whole . num ber ol its enrolled militia shall answer the call, and thus State drafts are quite regular, but a Congressional draft to surpress insur rection is an inovation that has no warrant in the history or text of the Constitution. Ki'.her such a law, or the Constitution must be set aside. They cannot stand together. And, happily, no ill consequences can flow from adbearing to the Constitution, for the standing army of the Federal Govern ment, recruited by enlistments in the ordi nary way, with the State militia, called forh according to the Constitution, are a force quite sufficient to subdue any rebellion that is capable of being sudued b) force of arms Such a formidable force, wisely wiel ded, in connection with a paternal and pat riotic administration of all other constitu tional powers, will never fail to put down refractory malcontents, and preserve peace and good order among the American people. This Conscript law, therefore, not sanction ed by the Constitution, is not adapted to the exigences of the times, nor likely to have success as a war measure. In its political bearings, even more than in it military aspects, it is subversive of the Constitution aod of the rights of citizens that depend upon State authority. A few thoughts will make this plain. It is impos sible to study our Slate and Federal Consti tutions, without seeing how manifestly the one was designed to guard and maintain the personal and social rights of the citizen the other to take care of his external re lations. . . Nature, education, property, home, wife, and children, servant, administration' of goods and chattels af'er death, and a grave yard in which to sleep the sleep of death, these are among the objects of Slate solici tude, for the protection of which the State provides civi I authorities and back of them ihe poise comilatus and the military to make the civil administration effectual. Now if the principle be admitted that Congress may lake away the State militia, who does " 8ee lhal the ultimate and final security 1 ol every man's domestic and personal rights 1? ...! - ,l . i endangered. To ihe extent delegated in the Constitution nobody questions the right ol Congress to control the State militia, but if to the extent to which this enactment goes, the States will be reduced to the con dition of mere counties ot a great Common wealth, and the citizen of the Slate most look to the Federal Government for the regulation of bis external relations. The citizens of the Slates need protection from loreign foes and Indian tribes peace ful intercourse and commerce with all ihe world a standard of values and of weights and measures that shall be common to all ' ihe States, and a postal system that 6hall i bo co-extensive with interstate trade and commerce. To adjust and maintaio these external relations of the citizen, are high j Iect taxes from the people of the States, to raise and support armies, to provide a navy, and to call forth the militia to exe cute the laws. Thus is the American citizen amply provided, by means of Constitutions that are written, with protection lor all his rights natural and artificial, domestic and foreign; but as the war power of the General Gov ernment is his ultimate secority for his ex ternal, so is the militia his ultimate security for his internal or domestee rights. 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 ques- tion, and yel is it not equally apparent that when the Federal Government usurps a power over the State militia which was never delegated, every man' domestic rights (and they afe those which touch him most closely) are equally endangered. The great vice of the Conscript law is that it is founded on an assumption that Congress may take a way, not the State rights of the citizen, but the t.ecunty and foundation of bis State rights. And how long is civil liberty expected to last after the securities of civilliberties are destroyed? The Constitution of the United States com mitted the liberties of the citizen in part to the Federal Government, but expressly re served to the States and the people - of the States all it did not delegate. It gave the General Government a standing army, but left 'to the States their militia. Its pur poses in all this balancing of. powers were ' wise and good, but this legislation disre. gards these destinctions, and upturns , the whole system of government when it con verts the State militia into "national forces" and claims to use and govern them as such. Times of rebellion,above all others, are the times when we should stick to our funda mental law, lest we drift into anarchy on one hand or into despotism on the other. The great sin of the present rebellioo con sists of violating the Constitution whereby every man's civil righla are exposed to sacrifice. Unless the Government be kept on the foundation of the Constitution, we imitate the sin of the rebel, and thereby encourage them,whilst We weaken and dis hearten the friends of constitutional order and government. The planliffs in these bills have good right, I think, as citizens of Pennsylvania, to complain of the act in question, not only on the grounds I have indicated, but on another to which I will briefly allude. The1 12th section provides that the drafted person shall receive ten days' notice of the rendezvous at which he is to report for dut, and the 13th section enacts "that if he fails to report himself in pnrsnance 'of such notice, without luruishing a substitute or paying the required sum therefor, be shall be deemed a deserter, and shall be arrested by the provost marshal, and sent to the nearest military post for trial by court martial." 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 enrollment 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 on a certain day, he would be "deemed a deserter, and be subject to the pinslt' pre scribed therefor, by the rules and . articles of war." I believe the penally of desertion by the military code is any corporeal punish ment a court martial may choose to inflict even to that of being put to death Can a citizen be made a deserter 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 court-martial for trial under a military law ? This question touches the foundations of personal liberty. In June, 1215, Ihe Barons of England and their retainers, "a numerous host encamped upon the grassy plain of Runnymede," wrung from King John that Great Charter which declared, among other securities of the rights and liberties of Englishmen, that "no freeman shall be arrested, or imprison ed, or deprived of his freehold, or b is liber ties, or free cnsloms, or be outlawed or ex iled, or in any manner harmed ; nor will we (the King) proceed against him, nor send any one against him by force if arms, unless according to the sentence of bis 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 reasserted those which existed long before at common law. It was for the most part, says Lord Coke, merely declara tory of the principal grounds of the funda mental laws of England. Far back of Magna Charta, in the customs and maxims of our Saxon ancestry, those principles of liberty lay scattered which were gathered together in that imortal document, which four hundred years afterwards were again reasserted in two other great declaratory statutes, "The Petition of Rights" and "The Bill of Rights," and which were transplant ed into our Declaration of Independence, the Bill of Rights to our State Constitution and the Amendments to our Federal Consti tution, and which have thus become the heritage of these plaintiffs. Says the 5th Article of these Amendments : "No person shall be held to answer for a capital or otherwise infamous crime unless on a pre sentment' or indictment of a grand jury, except in cases arising in the land or naval forces or when in the militia when in actual service in time of war or public danger " What is the scope of this exception ? The land or naval forces mean the regular mili tary organization of the Gover nment-lhe standing army andnavy-into which citizens are introduced by military education from boyhood or by enlistments, and become, by their own consent, subject to the military code and liable to be tried and punished withont any of the lorins 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 common law rights of personal freedom being for the lime suspended. But when are militiamen in actual service ? Wheu they have been notified of a draft 1 Judge Story in speak ing of the authority of Congress over the militia says: "The question when the authonty of Congress over the militia be comes 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 between calling forth the militia and their being in actual service. These are not contemporaneous acts nor necessarily indentical in their con stitutional leaning. The President is not Coramander-in Chief of the militia, except when in actual service.and not merely when they are ordered into service. They are subjected to martial lata only when, in actual servic and not mereh, when called fo,th before they havt obeyed tkt call. .The acts of 1795 and other acts on the subject manifestly contemplate and recognize this distinction. To bring ihe militia within the meaning ol being in all actual service there must be an otedience to the call, and some acts ot organization, mustering, rendezvous, or marching done in obedience to the call in the public service." (Story's Con. Law, vol 3, sec. 1208.) If it be suggested that this plain rule of common seme and constitutional law is not violated by the Conscription act because ii applies to the ' national forces," I reply as before, that tbis is only a new name for the militia, and that the constitutional rights of a citizen are not to be sacrificed to an un constitutional name. .When Judge Strong was endeavoring to mark with so much dis tinctness the time at which the common law rights of the citizen ceased and his liability to military rule began-'.he 'time, in a word, when he became a soldier why did it not occur-to his fertile mind that Con gress could render this distinction value less and unmeaning by a new nomencla-ture-by calling the militia "na'ional forces?" It is not difficult io conceive how such a suggestion would have fared had it occurred or been made to him But it is difficult in the presence of the grave issues of the present day, to treat so frivolous a sugges tion with the dignity and forbearance the occasion demands. I have shown what right of personal liberty these plaintiffs in herited from a remote ancestry, and how they are guaranteed to them by our consti tutions, and at what time they are to give place to martial law ; and surely if a wheel set in motion byCongress, can crush and grind those rights out of extence, without regard to the limitations of the Constitution, some weightier reason should be found for it than the misnomer which the act so stud iously applies to the mililia-scme reason that deserves to stand in stead of Magna Charta, our Constitution, and all our iradi tional freedom. The only general reason thatl have ever heard suggested, and which is applicable against all the views advanced in this opinion is called military necessity. The country is involved in a great civil war which can be brought loan honorable close only by an energetic use ol all our resources, I and no restraint should be tolerated, in such ' circumstances, save only those which Christian civilization has imposed on all warfare. Whatever is according to the i Constitution, the argument claims, may be ' done, of course-whatever is over and . peyond the Constitution is jnsiified as mil- itary necessity, and of that the President and Congress are exclusive and final judg- ( es. . The amount of the argument is that the exigencies of the times justify the substitu tion ot martial law for the Constitution. But what is martial law ? Blackstone and Sir Mathew Hale tell us "it is built upon no settled principles, but is entirely arbi Irary n its decisions, is in truth and reality Youthful error, actuated by a desire to bee no law, but something indulged rather than efil others, will be happy io furnish to a allowed as law." The unrestrained will of who need it, free of charge, the Recipe and one or a nomber of men, then, is the rule directions for making the simple Remedy which the argument substitutes for the ued in his eae. Those wishing to profit Constitution. It is of no consequence that by his experience and possess a valuable the will thus set up for supreme law is that remedy will receive the same, by retain of men whom a majority of the people have chosen, because according to our system,! the majority can only choose men to admin ister the Constitution as it is written. Majorities, as a power recognized by law i .-. I,, .t.v.i:.k - than a minority would have. But may majorities or minorities set aside the Consti- lotion under pressure of rebellion and in- aurrection ? As the Constitution anticipates and provides for such calamities, it is a reproach to its wisdom to say that it is ina- dequate to such emergencies. No man has any historical right to cast this reproach uoon it. No current exoerience proves it. It never can be proved except by an unsuc cessful use of the legitimate powers of the Constitution against rebellion, and then the thing proved will be that the instrument needs amendment, which its machinery is flexible enough to allow. Even such a melancholy demonstration would do no more than point out necessery amendments -it would not surrender the people to the arbitrary will of anybody. Presidents and Congressmen are only servents of the beople to do their will, not as that will may be ex pressed under passion or excitement, but as it stands recorded in the Constitution liis the Constitution, indeed which makes Ihera Presidents and Congressmen. They have no more power to set op their wills against the Constitution than so many private citizens would have. Outside of of that ihey are only private citizens. I do not, therefore, feel the force of the argument drawn from the distressing circum stances, of the time Bad as they are, we make, them worse by substituting arbitrary power for constitutional rule ; brt if we made them better and not worse, the judi cial mind ought not to be expected to ap prove the substitution, for it can recognize no violation of the Constitution as a legiti mate vindication of the Constitution. To place ourselves under despotic sway in or der to bring back rebels to the Constitution we have give up, is a procedure that per plexes the student of political science, and will quite confound the historian of our times. Littlx Squalls don't npset the lover's boat ; they drive it all the faster to port. It is staled that the rebels at Richmond : have robbed our prisoner, of upwards of ' to,ouv. A FORTUNE FOR ALL! EITHER HI EX OR WOMEX NO HUMBUG, but an ENTIRELY NEW thing. Only three months in this country! No clap-trap operation to gull the public, but a genuine money-malting thing! Read the Circular of instruction once only, and you will understand it perfectly. A Lady ha-just written to me that ehe is making as high as TWENTY DOLLARS SOME DAYS! giving instructions in this ' art. Thooatids ol Soldiers are making money rapidly at it. It in a thing that takes belief than anything ever offered. You can make money with it home or abroad on Keam boats or railroad cars, and in the country or city. You wilt be pleased in pursuing it, not only because it will jield a handsome income, but also in conse quence of the general admiration which it elicits. It is pretty much all profit. A mere trifle i necessary to start with. There is tcarcelv one person oat of thousands who ever pays any attention to advertisements of this kind, thinking they are humbugs. Consequently those who da send for instructions will have a broad field to make money ;n. There is a class of persons in this world who would think that because they have been humbugged out of a dollar or so, that everything that is advertised is a humbug. Consequently the try no more. The person who suc ceeds is the one that keeps on trying until he hits oomethiiig that pays him. This art cost me on thousand dollars, and I expect to make money out of it and all who purchase the art of me will do the same. One Dollar sent to me will insure the prompt return of a card of instructions in the art. The money wVl be returned to those not atiJUd. Address WALTER T. TINSLEY, No. 1 Park Place, New York. Oct. 21, 1863. 3m. EDITOR OF THE STAR, Dear Sir With your permission I wih to say to the readers of your paper that I will send by return mail to all who wish it, (free) a Re ceipe, with full directions for making and using a simple Vegetable Balm, that will effectually remove, in 10 days, Pimples, Blotches, Tan, Freckles, and all Impurities of the Skin, leaving the same soft, clear, smooth and beautiful, I will al?o mail free to those having Bald Heads or Bare Faces, simple directions and information (bat will enable them to start a full growth of Luxurient Hair, Whiskers, or a Moustache, in less than 39 days. All applications answered by return mail with oul charge. Respectfully yours, THOS. F. CHAPMAN, Chemist, No. 831 Broadway, New York. August 26, 1863 3m. A GENTLEMAN, cored of Nervous De bility, Incompetency, Premature decay and mail, carefully sealed by addressing. JOHN B. OGDEN, No 60 Nassau Streel, New York. August 26, 1963 3m. The change of name resorted toby the aboltionistsand bogus Union savers reminds j us of a story of a married couple who bad . a baby named Moses. Some years after J when they had determined to baptize him, j not liking the name, they concluded to ' re-name him Robert. But there was no ; preacher in that section, and they finally thought they would baptize the bey them selves. In ducking him in the water they sang out, "Go in Moses, and come out Bob." But he was ihe same old boy after alt. So wi-.h the Republican party. Though the name is changed, they are the same, from Lincoln down to the meanest secret spy io the land. Abolition Improvements. To save t.h American Union keep two sectional par ties in power one in the North and the other in the South, and keep them "peg ging away."' To preserve a valuable garment place it between the jaws of a pair of shears and close them tighly and "keep cutting away.'' To prevent a cal fight seize two cits, hold them as closely together as possible, and "keep pinching away,'' at their tails. To stop a dog fight put a pin in a long slick and "keep punching away," behind. Col. Stonc the iiewly elected Governor of Iowa, thus declaims : "I admit that this is an Abolition war It was nol o much in the start, but the Ad ministration has discovered that it could not subdue ibe Sooth else than by mak'n:j it an Abolition war, and they have don it and it will be conlinued as an Abolition war so long as there is one slave left at the Sooth to be made free. I w jold raiher eat wiih a nigger than with a Demo- crat. Heoceforth let the Abolitionist open hn mouth, if his political opponent claims that the war for the Union has been converted into an Abolition crusade. It is the best proof of the virtues of a family circle to see a happy fire-side. Oca Republican exehanges are nanioff Abe Lincoln tor r.-electioa to the rai- utul , . . . . ,
Significant historical Pennsylvania newspapers