Amusements. PITTSBURGH THEATRE. Leaiee and Manager- Wg. lIENDERS Treasurer I.OvsazNoTON Last night hut three of the popular artiste WEI CHARLOTTE Tt,OMPSON. who will tip pear for the last time as Julia. THIS EVENING will be presentei the be tu tifu.l play of THE HUNCHBACK. Miss Charlotte Thompson Annie Eberiie . , G. B. Eames . ....... C. LovedaY Julia Helen Master Walter Between the •ourth and fifch act! the r, heetra . will perform the Pet Polka dedicated t M ice Charlotte lhompeon by her brother. To conclude with AN ALA RINI NG toACIi IFICE. Bob Ticket J O. Se!oo posfrivELa TWO NIGHTS ONLY ALF. BURNETT, TDO world renowncd HUBIORIST, ~ Will give two of hie Jovial Enteitainments AT CON Wednesday and Thursday Ese'ngs NOV. 11th and 121, 1%3 The programme consists of a melange of Fun, Wit, Humor Beautiful Poen; (ieme. Comic Sketches ant Deac eats n of I.: .centrieCoaracter. Mr. Burte:t mar es the m wonderful rapid changes of any man is the world. Doors open at to commence at 75.4 o'clock. 25 cents, Adniimpaoli H. M. STE t' El ft, eii,ol.g, Agent Meetings, Notices, &c. IOTICE TO SeToiCti HOLDERS —A 1-M speti.V. meeting of the Btontholders of the Pittsburgh Connelleville Radioed company. will be held at the ofrme of the iompany, in the city of Fittsburgh, at 11 o'ch iik a. m. on THURS DAY, the 12th day of INtvember.A. D.. 2.63, for the purpose of accepting or rejecting the follow ing named -Act? and .-, pp patents, pa, d by the General Assembly of the Commonwealth at Penn stYltania, at its last eessi .n, to-wit • "An act to repeal the ninth •ection t an am anti:torte ng the laying out 01 a `t ate Road from too Borough of Orwigsburg Schuylkill county, t ititere• et a public ro dieading from E t•ton to Mauch Counk, and for ether purposes " approved the fird day of April. 1862, 'A supplt went to tin tact to incor porate the Pittsburgh A Connelsville tiailri.,ad Company." approved t:e 11;ii day c. Atoll. A.D. 186.3, Also, liuppleuiett t., an act i,. incorpo. rate the Safe Harbor and Susquehanna Turnpike Roai company," et cetera, approved the 14th day of April, A. D. I..Scki TIII)S, S. BLAIR, CY , I 7 S P. MA t•H.Lw., .1011 N A. I:AUGHEI. II MA : 1 ;7•1.1) 1% 0, 1 A Y , R A. MILLAR, 11. DUBOW! v, .1 UN DlLWiorni. DANL. It. DAVID-UN IV J. HAVEN. . . Dirertor. C..nr. G. H. CJ. Fitt.sburga, OPPtCE OP OIK ,I/ PO , / , ‘Gl:k. It. WAYCIL. 4 - .•morr 5, 71HE AItaNLAL ELE4 'l'l iiN 7r'OK H. r00r0 , .,.! the In , r:: .q be hcld at the office of Itf wen.. D. W. 1 a. c. Bell 144 F ou , rh ttreet, MON DA) etweon the hours of one and our . no6•tri ADAM itEINEM qti save Thyself. DR. S. CUTTER'S ENGLISH BIT VEuS THE GREATEST NERVINE EVEK DISCO • ER E EGREAT EN O. NIC EVEK I ISCo V E I)--THEGRE &TEST ITERATIVE EVEK DISCOVERED A CI RE1•(),-; INTEMPERANCE AS A NEtiVINE. If ALLAIS THE chronic indammi , ...ion , lii,t,.teach, in all persons addle ed to the use of st , mulantt and narcotic?, su..h so A!c , .holir and Malt Liquors, Opium, Morph.. A.rseni , 1' , 1 , . , . .0 etc., etc. It removes [llO tuf.lhoi cr.tving 01 the stomach for ~ 11.1AU:11V-. to, to ileadache, Neu ralgia, and aki .I...cCazes, it has no equal as a Notrine. As A Tu:\ .;Ltealtby '.me t 9 the stomach. im , r, the .t! peute correc , 'firer derangemer.... real - lan guor and draw --. a , 1 Gr. v. peritiot ho .101 to the DyspPotic. AS Aa. Al.i E K tit\ ite hied the body, 1, ,len, .n.: I—l we dives•. Bow import..o. , :boa, rai th.. thus...A:e ach are perieotly nrr , orincil it Lis dutio, are imperfectly exei•aitii..l ie.tav ail ot It Kith is scattered through :no rvi.t•iii bun vor fad is properly dosc,to •, pure hi. kA is aupplied the body, and iilotches, lc iti r, Eryripelm, Old Bores, Dilo - curial and Ver erial Taints, arid other chimaera arising from hlocd, diaap pear. Use Dr. Cutter's Era I.:: Bitter; and you will have perfect digest! n and Cure blood. For particulars ~. 2:cbraved procure Dr. Cutter's ~:11- c t.,ar !nu, any cl our Agents N. VAN DIM.. 11, N. .e; - ,ri street. t America:l N nufacturiuw Agent/ Philada TURI{EN E A Met; •tltli, Agents. Corner ot ttL.I 11arket sts., Fer gale hy all respectable Druge.sts. octls-ly JOSEPH MEI . t SON, PLAIN AND FANCY FURNITULE 8z CHAIRS, WAREII Is, hiiIIIiIELL 'T Between stn st., „nd P,O , IttJUS STRENGTHENING PLASTERS HAVE. THE CO.I7I.AC7NESS OF AID leather and the z.t.t icy of a and are beenin.ng iipyr ••• :t by an intelligent For ail Affect : Weight alv - tut the udti in t;old4 nud ,uttn.t . all stratro brutses, they have to he used FOR F the Chest, .no Bowel , kick har., sr , perly iti,preciatei Rankin's Ii iag store, 83 Markot at., 3c. door b...10w 4th I~7Oi t SUPRETIE COURT BEAR YE: In the n..zue ~f the ;.("i , le of tee United State:. 7011 are here; suuttn,r.o 1 t, Le!. re the undersign° J. the Juiges he Se, rerne Court to show onus! woT y u :.0( .VC one•half by purrhai.in: your BOOTS & SHOES Concert Hall Shoo Store, 62 FIFTH STREET, PRICES IvlTlllrl TH REACH OF ALL The above Cour . will t.c....ioen from day to day until furth , rt.otl , r.. at tO Fl I , IH T. Per order JOH'. ullEAP,Judges of the F•• ANN 1.1:k A BLE }People'R wants BILL PERFECT, cf the S . zur Fail net to RP pear under penalty ot damage to the pdok et ocl6 PHOTOGRAPH ALBUMIN. ALBUMS FOR 10 CARD s:, Or 2i) Low I.n -e at - A LBL M DEPOT .s s I=',:f,toffice lUBT OPENING—A SPILEADID AS. sortmer.t of C; Oa • acks Cirrnlals. French Mer , noec. Nein e, Phi ie, Moue ()dairies. lanketa. Flannel: c.. a• d havinr a large wok of D,meetio (i,Kds I , nrehased before the late advance on Good', 1 w, uld invite all to call and see. cur prices 71'1 be :atistactors H. J. LYNCH. 67 Market street, ao7 Between 6th it., and the Diamond. DAILY WEIDNESDA V. NOVEMBER 11, 1863 11. M. PETTENGILL dr CO., N... 37 Park ft, w, New York, an,' 7 State street, iinstoo. are e . ,:s agents for the Daily and Weekly Post in those cities, and are author ised to fake Advertisements and Subscriptions I a: our Lowest Rules. is ON AND A FTER lat OF NO. vember 1863, au T ipsubscrtions to the Daily Post inust be paid is adyrnce Those kno , tire thernseyes to be in errtars will please call and settle without further delay. ARATTHE DAILY AND WEEKLY POST .an hereafter be procured at the News L opus of J. W. Patook and prank Case. Fifth street. with or without wrappers Daily 3 cents; Weekly 5 cents. LOCAL INTELLIGENCE Supreme Court of Penn's. Act of .Congress of 3tl March, 1 , 63, commonly called the "Censerlpilou Law, declared Unconstitutional I. 11ENET S. KSICEDLEE., i) M. LASE el a/. Three bil'a in equi- D FRANCIS B. SMITH '.. 'F. And • n a no,- ts Same. don in each case for Wa. F NICKELS VS. 881110, J special in unction, [We published yesterday the able opin ion of Judge Woodward, on the coubtitri tionality of the conscription act. We this morning give the unanswerable opinion of Justice Thompson, as fomllows:] The act of Congress under which the complainant in this case is required to enter the army of the United States as a soldier, for a period of three years or du ring the war, provides for the enrollment, ' by officers of the United States, or all per sons liable to do military duty, between I the ages of 2u and years, and classifies , them. The names of all persons thus en rolled, were required to be put into a wheel, and the requisite number for the districts, with a surplus of v 0 per cent. for contingencies. were to be drawn thence, under the supervision of certain federal officers. Those thus drawn from the wheel, if not exempted from disability or ctherwise,will be compelled to serve for the period mentioned, or find acceptable subetitutea, or commute the service by the payment of $3OO. Beyond all controversy this is a draft,or involuntary conscription from the militia of the State, without any requisition open State Executives, or upon officers in corn• niand of the militia in the State, and with cut any reference to State authorities • whatever. Is this enactment in accord some with the federal constitution? The answer to this question determines the case, for it is not denied that the complain ant is within the provisions of the act, and was drawn as and for a solditto mind. r its provisions. He must, then fore, nerve, if the act be constitutional, or seek x-mp tion under seine nt its provisions. Our jurisdiction of the case I think is ptain. We have authority to restrain acts contrary to law. and prejudicial to the rights of individuals, atd of 16th June, 1836. lithe act of - Congress of I-id March, IscA,under and by virtue of wh ch the com plainant is holden as a soldier,and sought to be coerced into the service, be not constitu tional, the custody of his person under pretence of it. is contrary to law, and pre judicial to his interests. The injury too, it the proceedings be illegal, ie undoubt edle within what is denominated irrepara ble injury or mischief, and hence the pro priety of the specific remedy. An action for damages would perhaps not be sustainable and -r a recent act or Congress, but if it should he, it would be against parties who intended no injury,antl froal whom on ac count of obeying what they supposed to ho law, in conauctieg the proceedings against him, but little could be recovered, although the soldier may have been carried to distant places, from his home, and may have uudergouegreat hardships and vicis situdes. I dismiss this branch of the case, with this'short view of it, and with the ad ditional remark, that if our judgment is against the constitutionality of the law, the case can be removed to 11 , federal ju diclary at Washington, if the authorities tnere see proper, and be reviewed by the Court in the last tesnt in such digs,; a hug which the President of the United ,taies laaa, o❑ a recent occasion, expres aed wish fur, and determination to fa I now proceed to the mate que4tlon. The constitution of the United .states de tines and enumerates the t „wers of the Gel Aral Government, and i i i.e them by the euiemn declaration that •• the powers not delegated to the United Srates by the constitution, nor prohibited by it to the States, are reserved to the States respec tively, or to the peltplfe." The Government established by the Constitution, is therefore. a limited Goverment, beyond the limitations of which, including necessary ir:cidr•nts of express y granted powers, ail exercise of authority by Congress is mere usurpation. T Es 7? 1: ri IL We should remember this in coi,a•ruing the Constitution, and we should remem ber, also, that the entire machinery of Government, provided by it, was poised between checks and balances designed not only to prevent it from transcending its own orbital limits, but to guard against aggressions from other sources. l'he objects to he attained, as declared in the priiamble must also he kept in view, when we are celled to expound its provisions ; and we are bound to couetrue it so as so preF,, rve and advance them all. The pur pose, as declared in the preamble. was ••to form a more perfect Union, establish jus lice. ensure domestic tranquility, provide to the common defence, promotethe gen eral welfare and secure the blessings of liberty to ourselves and our posterity." Each of these objects are supposed to be secured by the Constitution, and no one f them must be overlooked in a too eager desire to lend a supposed efficiency to some other. To do so would endanger The whole. To "provide for the common defence . ' is one purpose avowed for estab fishing the Constitution, and the duty de volves on Congress to execute it; but it must not be executed in such a manner as fo encroach on the ;•aramount purpose of securing "the blessings of liberty to our selves and our posterity,' also declared. rbis is on, instance to show that no legis lation, roe'rrb construction can be valid or sound which is not in harmony with every provision of the Constitution. In the light of these general and funda mental principles, we must investigate the grave questions presented by the bill of the complainant now before us. And here I may express. my regrets, that it did not meet the views of the government officials. having in charge the law department for this United States district, to appear at the argument of this Case. of which they had notice• and give us the benefit of their views and researches on the momentous questions involved. It can hardly, I pre• eume, be fairly attributable to a disregard of what might the ultimate judicial ac Lion or the State on the question, or in contempt el State authority altogether. tchatev..: may have he-n the reason for the c;u:L'-' adopted. the unagroladt• of the question involved is not at all diminished thereby, nor is our duty most carefully to examine the whole case in all i,s aspects. the I,as imperative. HEAR YE! Is the Act of Congress approved March 3d. IPc.B. entitled. " An Act fur enrolnog ana ,111-nif ant the national forces. and for oth-r purposci, now f.rnihady known af--- t h e l',l7r,criptlon Act, constitutional? In to provide for the common de- tt and thereby promote the general weltar.. Congress has. by the constitution. power 1.., ''raise and support armies " and "to provide and maintain a navy. - It was under no extraordinary pressure of circumstances or emergent necessity that this power was granted. It was deemed to be, and thereupon introduced as, a part of the ordinarY machinery of government, the convention acting on an axiom as old as government itself, ." that the surest THE PITTS,RITRGH POST:, POST. weans g , !: /II times ci TWA V , I!: Sal fi power, "it would to his com mentaries on the itir,u, sec. 1185, "present the extrev,rclinary spectacle to the world of a nation incapacitated by a constitution of its own choice from prepar ing for defence before canal invasion." It was an ordinary power, not superin- I duced by impending war. "In the mild season of peace, - says the Federalist No 2, " with rninde unoccupied by other subjects they (the tonvention) passed many months in cool, uninterrupted, and daily consultation ; and finally, without having been awed by power, or influen ced by any passion, except lo,te for their country, they presented and recommend ed to the people the plan produced by their j.int and unanimous councils." Is there room far a doubt thst under such circumstances. the mode in whieh the power to "raise armies" was to be eze• cuted was thm accustomed one ; namely, by voluntary enlistments' At the time, this was the usual made of raising and recruiting armies in Great Britain, and the people of this country were better ac quainted with the laws, customs and even habits of tht pople of E .!iand than of those c.f tiny rdher e !I in the world. Notwithstar dieg we 0.: with them, and WI /1 v im. had t,-e-i gen erated be,wee.• ' Wa , 11 . I!!!", s II is a notorio is fa.- 'nut tl, and laws were g:, :1 this coun• try, and to trim iy continu. La a great ex tent enlistments as by con tract, was the general method of raising armies there and with us prior to and at the time the Constitution was framed. As this was the customary mode, every presumption supports the idea that this was the only mode in the minds of the framers of the Constitution. In iced, , it is a common law rule, that when any• thing is directed to be done without ape cull instructions as to how the act is to be performed, the customary mode of doing it is supposed to be included in the d:itec tion. We cannot suppose that at the ment the country had lib. rty, at so much cost :0 blood and treasure, that such a despotism over the her s and liberties of men would be incorporated into the Constitution as would authorize Congress to fill the armies to he raised by conscription, a= though by the agency of the press gang. This was no more in the contemplation of the convention than that the civi.scleparttnew of the tiovernment should also be filled by roercivo measures. Can any one now be credulous enough to believe that if a power had been sup posed to exist rn raise an army not by voluntary means bat by coercive. especial y as there were no 'hunts. turd as tO its nagnitude, that Ir, .n would have m*Ti rat :tied by tee States' Tne idea would. it seems to me he prepoeter ons yl-ont ouch owee having been suggteted by the onp,-.etog of the - ,nstitntion. a sta7uling army to be raiied n the usual way, WI1,: a Q , 117', of many feat; in thr p1.111.c mind. 1 waA thou g ht to be dar g er,,uß to i hery vt-ry ha tore, but wh::' have I,eu tho-ight, had beer, . 11-_JVt r avowed that in it, crea , ton i.rt‘:•.;Ly and c_pPuly dp,tructive of 111. , tod v,dual libF•r (d I hOAPwho wr•ra (j) it , aw l that ,1 nigh , mbr,cp all the Ate bo.in U, as , ns iu the St.atee! It r , • q u,r,-d ruahy fil atd.at pa per rver wr.lt— p' (no 11, mean the 1- es, r,,1 rein_ , r, , zho,r, tears. Si`t , fr , ,m N,r on this subject. - The ccusti•uri,.,, wro , a ~zno rar,ce, certainly. a:,y .ICI, p wer is Il , XIF: {IA is I.%=r - ,qiiiredth- la'RP 0 three-quarters cettury to d-velope itn Intent t-,1,11, Ihe usdal eviien; es are all tva.ev t aud I thlttlt se:uethinc 111,10 demonstlattve wtil -how that Outset. , evidences statd nr • alone against it. fte pew: r to rause all army by ronsc-it, tibn or cterc.on. .tht w, ttio a.e net rly synotyinttus. A tottserp• to "rte taken by lot from the t.ubst.rt; non, tr : — .llmenti het, " and “fldtbetled to serve an a sdldter or sailor,'' Web. D.— verb, " rests alone bt the ti.e.• the power Is unlimited, as to the means to be used, as welt as It , thi .tumhero of which It may be composed. It tht rc wee no other power or principle in the trtstrumett to be af fected in ire , perat On by sn,h a view there would be force in th- idea. But the constitution must be administered so that the whole may stand in lull force; unim naircd b 7 ady particular portion. file limitation of a power may appear ot rrwise than by expres terms. Ite scope may be curtailed by the necessity to pre— serve come other fuuetiob necessary to co exist for prevervatLit, of the whole. One obje.it frAin.rig the COLS 'atICM, as al- ready remarked w.; to " rerre . ue.te the blessings of liberty It ciad hardly be cont•niaed for by ally o;.,(!. that the execu tion of a power which would effectually dest: this object would be eulisteutional Again. a power so execui.d as to destroy thero,. :ed rights of the Mates could bard- ly ~ined to be consiiiiiiiumd. There are. therefore limitations as effectual as if expressed, "ut res magic valeat ittampe rear • is a maxim 0dt..1 which this grows. A limtt.ttiun of this p iwer was undoubt edly supposed t.) exist in the discretion of Corgress; but that cannot be relied on in tbmi argiumeni To ;1,1,e it auy force would be to allow the acts GI C,ti geese to be ev idence to hstablish the proper discretion of C'ongreit-i 'Fine would he to argue in a en i wt . otld rove nothing—we are the acte of Congress. i.o: by Con gress, hot by the Constvutior. Sn too, it was supposen to i.xis• in a time when no more voluntary PnITRt merits reason bly he procured, or whrn they might not he procured rapidly enough. That this was as so is demonstrable by the fact that the Constitution provides for calling out the mi litia when the army may ncit be sufficient. I use this cmtingent because I look on the army ac an ordinary pow er, and ordinarily to he used unless in sufficidnt for the end in view. or the (sal— gencies of .he times However, this may be it is absolutely certain that the military forces of the goierument for all purposes, were to be the army ivel the Iu the article or the i'cinst‘tution con taming the pow-t .. r,i se and support armies. - and cor.i , i,:utite to tbat and oth er war powere a: ds, p r.t them, it the power to be found ''to pro vide for callingt‘tr‘h the militia to execute the laws of the Uni,tr., supnress insurrec tions and repel invasion? ' l'o provide for organizing, arming and disciplining he militia, and for governing such part of them as may he employed in the service of tne United States, reßerviNg io the states respectively. the app.iiciment of officers, and the authority of training the militia according to discipline prescribed by Con The army to be raised and the militia able to be employed in the service of the United States, are the i.o••=tituted military force of the Government. They co exist, and must Co exist it Constitution be obligatory. We sometimes employ vol unteers, but they are merely a form, as they are a part, of the militia, and do not militate against the idea of the two species of forces. Jr is conceded that both may not be req,ired in any given case, but both must ,I!at. or ratt“ r the militia car. bo destroyed or extinguished by an of Cougrrss. Tho Constitution for- bide this by the positive injunction to pro vid:• for organizing, arming and disciplin ing them. They are the security of the Stater against the Federal Government, and Inetr only security; for the States tuernselves are not allowed to support ar• ••.I.t. may safely be receivod as an axiom in our political system, - says the Feder alist, No. 28, "that the State governments will is all possible contingencies afford complete security against invasions of the public liberty by the national authority." * * * "They can at once adopt a reg ular plan of opposition in which they can combine all the resources of the communi ty I" How can this security be afforded against the danger of invasion of the pub- WEDNESDAY MORNING, NOVEIVIBERJ 11.1, Isoa. tic Id, r,, Lv toe Nmicnal author,: s , us less there be some military force with which to resist it ? .t resources are there in a community, if all the "able bodied men" to ty be absorbed in the na tional forces. It will at once be agreed, I think, in view of the constitutional pro. visions cited that the militia, the only power of the States, must be maintained in tact and that no system is constitution al which extinguishes them. Let las in quire, therefore, whether or not, the act of Congress of the 3d of March, 1868, known as the Conscription Act, does not in fact attempt the complete demolition of the militia of the States. 'The preamble to the act sets forth the existence of insurrection and rebellion ; that a military force is indespensible to suppress it; that to raise and sspport, which "all persons ought willingly to con• tribute." It is therefore enacted, Sec. 1, "that all able bodied male citizens of the United States and persons of foreign birth who shall have declared on oath, their in tention to become citizens in pursuance of the laws therof, between the ages o twen ty and forty five years, except as excepted, are hereby declared to constitute the Na tional forces and shall be liable to per form military duty is the service of the United States, when called out by the President for that purpose." Then follow nnmerous provisions for classifying them, for the lottery or draft of the required number in each military district, the clos• ing up of the wheel until again required, and the order and term of service, not as militia men belonging to and officered by the States, but as parcel of the army of the United States " raised and support ed '' under the clause of the Constitution which provides for raising and supporting armies, and to be officered by federal au thority, exclusively. Every able bodied man in the United States, between twenty and forty five, is by these provisions enrolled. and declared to constitute the national forces. This covers the entire materiel of the militia in the Union. All able bodied white men between twenty one aryl forty five years, are liable as militia men in this Common wealth, and it is believed that this is about or near the standard in most, if not all, the other States. This act is broader, both as to age and color. The specified age, how ever, amounts to nothing, for Congress by a very slight . x:crision of power in fixing the standard could just as well have made it to include ail between the ages of eighteen and sixty. Let the power be once established, the right must follow. and in tins way, every man in public or private life in a t3tate, between those ages, mightbe included. No one is exemptun der the present law but the. Governor. All oth: r officers, judges, legislators, repr,sentatives in (~ i ngress, sheriffs. mug. 'strafes. county and township functiona- ries of every description, if under tory five, are liable now to be forced into the army, or to commute by the payment of $3OO, or to find substitutes. As it is, this would draw heavily upon the public, and I.ecessary local otlicera—but if extended to the ages of eighteen and sixty, as it could as readily h. , made to do, it might include all, not excepting even the Gover nor. Can it be that the machinery of our g tvernment is so incongruous as to admit ut chit? Can it tor a moment he believed that The framers ot toe Federal Constitat• non :nteNci-d t.. r-a • ... uch a monstrous p.iwer'.' (toe that would not only absorb the mil,taty- awhorny of the State but the civil also. l'his,rs exactly the principle of this enactment and to a great extent will ha the pra c tical working= cf it. I hold :bat the act lift:Ally and directly destroys the militia system of the States. as recognized in tee (2 i instituiii - in, and the acts of Congress of 1792 and 1%1.6 By Its I , r,ivisiDnr. theare t.i . .d, as part of the Nalsonal ture.es, another term, as wiii ba s-e f r N..riii„. i l armies, and it requires PFL , h I:iditi eur •Ii ed, to isosiv.,l ii Jt copr.rt twu-e.:, when drawn, to if,' Mary lb. •rs Fed eral Gov , thri:- • houaities 1 1.111, me riot a ,nssFs, the entire materiel of I tos t.,t la and cot sequeutly the malitia 'tee: •y. 1 caniti,t compre head the moaning or ' , the , of language. The direet t the act is to consti tuts- the Natlirc t • r, -s of the same ma terial as that w ch :••.:IF.titales the militia of the States, and to that purpose a Fed eral enre,Pment is - made, and a portion so enrolled, and drawn from the wheel and separately and individually transferred to the army of the United States to be coin mended not by State, but by United Stales officers. They are henceforth not malitia men but regulars. They are to be carried into the attny under the power granted to Congress "to raise and support armies;" not under that other power which authorizes Congress '• to provide for calling out the militia to exe cute the laws. suppress insurrection and repel invasion If called out in this ca petite, it would be done by requisition of the President upon State authorities, at least, upon State military officers, and then the militia would come forth in organized bodies, not as iedividuais, and be officer ed by State authority. This is widely dif• fereut tr - m directing the Federal authority to each individual—to conscript him in his individual character, and to compel him to serve not with State contingents and under State officers, but under Fed eral -A- army officers. In short, the provisions of the Act, in corporates into the Federal armies, the entire material const s ,ituting the militia, by directing their authority to them individ ually, without a requisition on the States, and without any power in any State to appoiot a single officer to command them. although the entire force was, by the Con• stitution to be, when called into the ser vice of the United States, under the miii tary officers of the State, Sucn au Act, disregarding such plain provisions of the Constitution, is certainly unconstitutional, if sash a thing be pesoble. at all, of any act of Congress. and this view, if correct, establishes coneltsively the limeation or the power to raise and support armies. Those enrolled and no:drawn out of the wheel at the fire: draft. re main subject to be caked out afterward. They are the unemployed national forces, and are de clar,d to tie sutj ci t , he called into ser vice under the plan of the act for two years. after the Ist of July succeeding the enrollment, to setv , for three years or during the war. I' is true, when called into service, the act says they shall be "placed on the same footing iu all respects as volunteers, including advance pay and bounty, as is now provided b 7 law." I presume it is not meant by this, that the conscripts are to elect their own officers. But even if this were so, it would be no less a deprivation of the right of the States to appoint the officers of their militia, and unconetitutional for that reason. As the , - , .rr.llmerit or c. ,, n- , cription into the national ;ore,. for tw, years, although unemployed, is nevertheless as incorper ation of them with the national tor ces; it is a withdrawal of them for that period from the control of the States. The act would be worth nothing if the States might resolve that this should not be. Ihe act of Congress is supreme or it is nothing, If it be supreme then the enrolled men can be and are directly under the federal authority all the time, and thus every cit izen or enrolled person, in or oat of ser— vice, may be liable to be controlled by mil itary law all the time, if Congress chooses. Can this be possible. What is to become of the States and their sovereignty• a matter often sneered at. but among the most distinct, clear, and cherished prin ciples in the whole body of the consti tution. One portion of the militia con icriptea and actually in the field, the balance conscripted and not yet in the field, but subject to the military an. thonty of the United States, where are the militia and where is the security of the States against being entirelfabprbed, and against invasions of the public liberty by the mational apthortty t which the wri telra of the Federalud thought existed in he uiil;Lu: It is Lie Witt I a. home, it is abolished. Apprehensions doubtless, of jest such an enacament as this now under consider. ation superinduced the introdoction of the Bill of Rights by amendment and consent of two-thirds of the States, in which is the declaration that, " a well regulated mili tia being necessary to the security of a free State, the rights of the people to keep, and bear arms shalt not be infringed." I contend that the act of Congress on der discussi , n, violates this declared right,by absorbing the militia into the army, as contra-di •tingu shed from the militia ; by taking all the material which consti• totes the militia and calling them out in dividually without requisition on the States, and ptacirg them under officers not chosen by the States, It disregards the organization of the militia altogether, not only in providing others than militia officers, but in its total disregard of State regula'.ions and ex— emptions Heads of departments of the States, judges of the several courts, min isters of the gospel, professors in colleges, school directors are exempt by our militia law. Bat the mode adopted for calling out the forces of the country, disregarding the militia system, disregards all these. These were within the militia, but as the militia itself i 9 overthrown by the Act in question, they fall with it. It is possible that this power may be exercised, and the States live through it, but althitmg,h they may no fall, their foundations will be fatally sap pad, and if the precedent remain, it wil in time become the authority for their ex .• unction. The Constitution authorizes Congress to provide for calling out the militia to sap tress insurrections and repel invasions. ' aring the whisky immrrection in this State, President Washington called upon the militia for this purpose, by a requisi tion on the Governor, and in person corn mended them. So the militia ware called out from many of the States dunng the war wnh Great Britain, and in every in stance a requisition made by the Presi dent upon the Governors of the States. It is true that it, 1814, the question was much ag,tat.ed is Co _r(-4- wh , tor:r or not, under the power to "r a - roles,'' the militia might not • , e conger:pred by the Federal authority. The bill v-ineti rropcsed this had the sanct , ori of high ime9—hu - it differed mum , frc ru !hie Act and wa, rarer finally acted en. bee +use of the ter:ni.na flout war hy the pare ot Ghent. The d,scuss: nt on th:q b,ll was able, but partizan, and fcrui.O.iii4 little aid to a judp etal examination, a,. hence I have not retuned to it much Ili taking the view herein ( , xpreen , l. rha: Government like that ut Great Britain may resort to conscription io fiii I t.t- t tier armies and has done so oh many r cf:.asions, is no argument or precedent for :oat prac hen under the Federal 0 , 081111.1t.0n. Even in England, this is far from the ordpialy mode of recruiting tlie army, and it will hardly be contended that the exception to the rte Will establish a custom, by which to define the meaning of the words •• to raise and support armies. — used in our federal cohstpution. so that ex vi termini. conscription or drat:, both involuntary modes, were thereby meant. But the precedent wont go for nothing in this in trot evon if the practice been common ct Ei gland. The dit beiwcen the , :0 - ..straction of the British and Federal 1 2,hp - du:Pions is radi the former, all g4aveiructiental powers not expresiily prohifilted to the government, may be lawfully exercised. In the latter whatever power is 001 ex pressly granted is withheld. There is no grant of such a power to the latter, as 1 nave endeavored to YhtlW. and 110 restraint upon it in tae tormer, as the exercise of IL proves This remark: 'e equally ayplicable to the difb.rence between the State and Federal Cousin ation. Between them that same tbfferee ce iu cous'ructicn exists. The governmental powers of the States extend to al: rightful subjects, not prohibited— and the national oely to such as are grant• ed. ft therefore dee, not advance the ar gement a step in favor of those who contend for the constitutionality of the Conscrip. lion Act, to point to instances in which drafts have been made by State antorities. Militia duty is compulsory in all the States. they are not prohibited from compelling it any more than from compelling the payment of the taxes. It is in this way, and in this way only. in my opinion, that the national forces can be compulsorily raised ; that is to s.,y, by a requisition on the State autticeitiie for militia men in a jute proportion to p t.pulatiou. Why have not the militia been called out in he present emergency? They are composed of the men the draft proposes to furnish. They are to be geveriftd while in the service, as Con gress r.hal. be prescribe. They may be reclaimed f.fr ore, two or three years. Cr while to.. insurrection lasts, will and become just as good sol diers to the on.. cLara,..ti.r as the other. They are the cousiitutiee.l power for that purpose, if the army he not sufficient to effect the object witouut them. Why not employ them ? here is but one of two alternatives, says Judge Story, "which can be rest ri.ed to in ceees of insurrection, invasion, or violent imposition to the laws* either to employ regular troops or to employ the 'toilet's to suppress them." [Story on:Con. sec. 1201.] Ifit be said that the militia will he sufficient, which I deny with equal training, I insist that the imperfection of the system is no ju.itifica. Lion for the overthrow in part or in whole, of the Constitution There is nothing on earth that I so much desire as to witness the suppression of this n• iusitfiable and monstrous rebel lion. It must be put down to save the Constitution, and the constitutional means for the purpose, I believe it to be am— ple, but we gal htt little, if in our efforts to preserve it when assailed in one quer ter, we voluntarily impair other portions of it. IPS entirety is vital. it must ALL stand. or it will all fall, it can never be apportioned tha• I have shown that the power " to raise and support armies" is limited to voluntary enlistments, and nec es arily so limited that the militia of the States may remain in full force, I am jai pelted by bo choice of alternatives, to the conclusion that as the Act of Congress transcends these limits. and t force of law attempt- to abolish the militia, instead of calling them I t eunpress the 'user recton now so wide spread, I am of opin ion that the nt t of Cot ?res.. it is violative of the Constitution 'he United States. and void. I most sincerely contess that it would have been a much morn agreeable duty to me to have bean able at thi, time and at all times, to have given my full accord to the measures req:trted to to restore the peace and order of our once happy country but looking to the Conic' tution,att he reasons for its provisions. and then to the solemn obligation which I have voluntarily come under to support the constitution, 1 cannot, even at the rick of misrepresentation of motives. Les itate where the question is a judicial one, to express my unmixed convictions as I have done. of the enactment in question. Standing recently on the gentle slopes at Ruunymede, memory sent a thrill to my heart in admiration of those old Barons who stood up there and demanded from a tyrantcal sovereign that the lines between power and right should be then and there distinct ly marked, and ail my feelings at at the same moment paid an involuntary tribute of regard to the fidelity with which their descendants have; main tained what they then demanded and obtained, although, often overshadowed by insurrection and war. Oar forefathers marked these lines is the Federal Consti• tution. I mast adhere to them. I cannot help it, and while I live I trust to Heaven that I may have the strength to say that will ever do so. There is no legal authority, in my °plt ipn in the °facers of the Government I to n lJ ins complainant against his consent, .1 am therefore in favor of enjoining them as prayed. for until further hearing, and I agree_ to the same order in the other cases. IMPROVEMENT OF THE OHIO RIVER.-At a meeting of the Board of Trade, on Mon day afte , moon, a Committee consisting o Messrs. George H, Thurston, W. S. Rus sell. Wm. S. Haven, Wm. M'Creery, G B. Jones, J. B. Hunter, and J. B. Anjer were appointed to take into consideration the best method to ensure a prompt com menceme‘nt of measures tending to an early improvement of the Ohio River. The Committee will, we understand, go vigorously, and at once, to work to carry out the object of their appointment.. NEw cslc.—Mrs. Blume sends us the "Pet Polka," composed and respectfully dedicated to Miss Charlotte Thompson, by her brother, Lysander 8 Thompson. New York: Published by Wm. A. Pond lz Co. For sale by Mrs. Charlotte Blume, 13 Fifth street, Pittsburgh. A MUSEMENTS ALF. BCRNETI'.—The reader should bear in mind that the world renowned prince of humorists, Alt. Burnet', gives his first j'ovial entertainment, at Concert Ball, this evening. All who can enjoy wit, humor, beautiful poetic gems, comic sketches and delineations of eccentric character, should not--and we are sure will not—fail to attend. BUSINESS NOTICES I AMONG the most attractive of our business houses, is the well known hat, cap and fur establishment of WOl. Fleming, 139 Wood street. The magnificent display of Ladies', Misses', and Children's furs is worthy the attention of buyers of such articles ; from the most elegant and costly setts to the commoner qualities ail will be found in great variety at this establish— ment ; while the hat and cap department contains all the latest and most desirable styles in the market. Purchasers either wholesale or retail. would do well to ex amine ,at Fieming's, as his stock and prices is all that could be desired. NIZURALGIA.—Those affected with neu ralgia and sick headache, are directed to the card of Dr. Deßolette in one of our columns SIGEL EATING SA 1/ ov, 47 FIFTH STREET, WM. R.t.7ECKEISZN, PROPREITOK.—Freqb Shell Oysters, Tripe and Can Oysters r.)nstantly on hand. Meals at all hours. from 7 o'clock a. rn.. 'till 12 o'clock p. rn. The best refreshments can only be found by calling at 47 Fifth street. PRIME SHELL. OYSTERS —lf you want plate of shell oysters. served on in any style, call at the Fif . h Avenue Exchai3ce BY TELEGRAPH TO THE DAILY POST From Gen. Meade's Army Cavalry Skirmish with the Enemy. The Rebel Army ►loving Toward the Rapidan CCLPEPPER OCCUPIED BY OUR TROOPS Deetruotive Fire at Nevada Seward Refuses Permission to Raise Men for the Juarez Government. tke NEW lola., Nov. v.—A Tribune spe cial from Washingtoc says : N t ccnsid• erable opposition has been offered to the onward march of the Army of the Poto• mac up to yesterday, the rebels having rapidly fallen back and placed the Baui• dan between them and the advancing col. nmu. A brigade of Buford's cavalry en countered a brigade of rebel cavalry at Waterloo bridge on yesterday morning, and after a short fight drove them across thh river, and having orders to proceed in another direction the pursuit was not fol. lowed um Last night But tord's cavalry occupied Culpepper, and the main body of our army was in the vicinity of Brandy Station. To day nu: advance has pushed en and is at the Rapidan. The enemy are on the south side in their old intrenchments. on: forces are rapidly moving upon the different fords of the Rapidan. If any determined resistance is to be made, it will probably be made in disputing the passage of the river. In the meantime, it is reported that a movement is being made by another column-in a more south erly direction, and the reports of Eilpat rink being in the possession of the heights back of Fredericksburg, are reiterated. Furthermore, it is stated that Lee is not Ninth the forces in front of Meade, but A. P. Hill and Ewell are in command. Lee is reported to have gone to Chattanooga. Prisoners taken make the usual brags of how Meade will soon be whipped, and give out mysterious hints as to his being drawn into a trap. They confirm the re ported destitution of their army, and North Carolina troops captured declare they will not again take up arms. :-iome North Carolinians and Louisiana Tigers had a fight in the cars on their way to town upon this topic; the former bold ly saying they were heartily sick of the war, and did not wish to be exchanged, the latter called them poltroons, and at length the two parties came to blows. A private letter from an inmate of the Libby prison dated October 19th, says— The Union prisoners receive no meat, it being impossible for the rebels to procure it, and who are starving themselves to supply it Already another bread plot, of which the rebel papers make no mention. has occurred. The real cause of the difficul ty is said to be the entire worthlessness of the rebel currency. The farmers have grain and cattle to sell out not to give away for paper rags, or to put within the iron grasp of the rebel gov ernment, if they can help it. The Herald has the following: —Bess- DV STATION, Nov. 9 —The Third Army Corps, atter the brilliant action of Satur day, at Kelly's Ford, encamped on the south aide, and rested 'till daylight yes terday morning, when they took the lead in pursuit of the rebels, followed by the Second and First corps in order. About noon they came upon a strong force of cavalry and light artillery, posted in line on a hill near the railroad, and two miles east, of Brandy Station. The Third divisior. under Gen. Carr, were in advance, and Col. Keefer'a brig• ads, supported by two other brigades of this division. immediately charged upon and noon drove therfi from their position. This division with ,its artillery followed them surely, inflicting severe punishment upon them Be they retreated up the rail. road to a point two miles beyond Brandy. The fighting continued until after dark. The casualties on our side were very light., not exceeding seven or eight wounded. While this was going on, other corps were scouring the country up the river and towards &mailbag& but could find only occasional stragglers from the retreating army, which had evidently left its well prepared winter quarters only a few hours previotim We find the whole country gone Over ito far, filled with camps, many of them with commodious log tents. The prisoners and rebel surgeons left in charge of-the wounded at the church at KellyN Ford, agree in the, statements that they were in lull expectation of wintering here, Lee's headquarters were a mile north of Brandy Station. . The a:my is in fine condition, and the soldiers are anxious to push on to a gen eral engagement. Army of the Potomett. Nov. 9.—Gen. Gregg's cavalry division had a smart skirmish with the enemy, but the detail s are not known, though the resnl:a aro satisfactory to us and disastrous to the enemy There has been a sufficient fall of snow to whiter. the ground. A sr.Pcial to the World dated Washing ton, Ncv. 9, seye : It is hinted that a con siderable Union force started, or is about to start up the Peninsula toward Rich mood. It is stated that the artillery roads ennetructed under orders of Gen. Mcelel lan are in superb condition, and wPt greatly facilitate the movement again,;, the enemy. The entire army crossed the Rappahan nock yesterday, witlout any incident of importance. Advises received otherwise in Washing ton, states that the rebel army seems to be moving town 'hs Rapidan, having as yet taken no —non for receiving battle. Tha Times ti the following dispatch: Officers fri.rn the front this evening, say that Culpepper is occupied by our troops, and our cavalry reconnoitered-as far as the Rapidan without meeting the rebels in any considerable•force. The im• preesion among military men is that Lee's entire force is in full retreat for Richmond, and it will nake no effort to retard our ad vance this side of the fortifications of that city. A dt 3 3patch to night from the front says that heavy cavalry skirmishing was going on all the afternoon, southwest of Catnap pe toward Madison Court House. The only rebel force this side of the Rapidan is Stuart's cavalry, who are covering the rebel retreat. WesRINGToN, Nov. 10.—From informs tion which reached here to-night, the mes stinger having left the Army of the Poto • mac at 10 o'clock this morning, it appears that General Buford yesterday reached a point about two miles north of Culpepper, driving the rebel cavalry and infantry fore km. Gen I.E , e's•hpa.:iquart..rs Sat urday night were at Brandy .Sa..tori, on the Rappahannock. This return the n lie( current in Borne quarter 4 that he had gore South to advise with Bragg: Our army lay in line of battle all day yesterday, out Lee declined to accept the issue of au engagement. Kilpatrick occupied Pony Moun tain yesterday afternoon. Last night he dienovered a large area of campfires , muth Rapidnn A gentleman who arrived here to night save cur line of battle crossed the OraLge aF. Alexandria Railroad to a pnint where it to , upposed Lee has a full force on our front. New loaa, Nov 10.—A special to the World s.t.ys : Secretary Seward, in answer to 0 request asking permhbsiun to raise m , n for the service of the Juarez Mez:c3.n Government, says such permission can not be given,and any on•t Itgaging in tt be prosecuted with'aall practicable dill K mce The World also say 3 there can be nc doulii ti at has been pract.caily sui erseded by Grant Bo far as the move cents ni great army operations in Virgin ia and Tennessee are concerned. From the Rap; ahannock to the luscumbia only ()Le field is embraced. SAN FRANCISCO, NOV. 10.—NIGHT.—A fire at Nevada City, yesterday, destroyed nearly all the buildings on Broad street, live brick buildings on Main street, the Methodist Episcopal Church, Congrega tional and Catholic Churches, the theatre, court house, express and telegraph cffi ces, gas works, United States hotel, and many stores in the surrounding neighbor hood. The cotrt , y records were saved. Lose estimated at $200,000. COMMERC.T.A,L, PITTSUL RUH GENERAL MARKET OPTICS UY THY D.LLLY WEDNEBDA Y. November 11, 1.843, Business-Was not very active. dealers be ing somewhat thy. '1 he rates of produce contin ues irgh, whilst the receipts were Quite limited. The heather yesterday was cool and ove cAtcs was in demand. Among the salad made we note as follows, viz; Hay-Market firm; 17 loads we-e disposed of at $ Cat 36314 ton. Baled at $304:031 Vi ton. htaaw-Prices rule high at $20054 ton, Cheese-Finn ; 1 0 boxes it it, at Le. 13%; 25 do prime Bambara at 140. Apples-We note Bales of 210 bbls at $2 75@3. Inferior sold at lower rates. Potatoea-600 bosh A colannocke at 70@75n. Flour-h:Ara Family, 100 bbls at $6 5046 80 bb's do ats6 75@6 80, tome lots ware dis posed of at $6 90; Sacra at $5 6005 75. irgek-.-Sales fro h un dre d t 18g19 dog, Butter-A few pounds of froth roll wan disposed of at 23025. Grain -The market continues very firm, with got d demand. Vs heat-.:ales of 200 bush from wagon at $1 25; what% at $1 30@1 35. darl#or firm-spnng at $1 350; fall at $1 50001 51. Oats market atrady at 7,k®74 Corn firm at $1 10@s IL 'stye-n..t.e in the marks: Groceries- Firm. its prices were unchanged we omit thew. Beane-lne market ,was dull at $2 5042 60. Whisky -I-ales of &Fhb's city rectified at SS@ 60c. gallon. Fred-Middlings : 2 tons at $1 80 Vt ow;. Shorts-5 tone at 33@1 85 • ton. PITTSBURGH OIL TRADE WEDNESDAY. Nov. U. 1863. The market yesterday wee not ro active as the previous day—buyers took hold very eparmgly. A few hundred bbls of (rude was disposed or at p.evious price . Crude— buyers ware not din posed to operate except in a smell way—they of -lor wcrlet h,,lders ask 1654(x317. Refined was altogether nominal—free at 50(951; bonded held at 4041 without burerP. MARKETS BY TELEGRAPH.. New York Market. Ngw Yoga. r ov. 10 —Coton scarcely eo firm 85036 Flour 5010 c lower; extra ~sate $7 190 7 25 ; extra it. IL VT 3509 25. Whiny firm at 62462%. Wheat opened heavy and o/oeid fully to lower. torn lose active and a trifle low er. t. , a,:e about lo lower. Po. k opened quiet and wooed a shade miner. Beef quiet. City Lard quiet an .1 unchanged. New York Money Market. New YOks, tt ovember W.—Stoney decidedly firmer with a brisk demand at 7c-acme partial have pa' d Sterling dull at $1 59