raer which the act no studiously applies to the militia—some reason that deserves to stand instead of Magna Charta, our Constitu tion, and all our traditional freedom. The only one that I have ever heard 6ug gested, and which is applicable against all the views advanced in this opinion, is called mili tary necessity. The country is involved in a great civil war which can be brought to an honorable close by an energetic use of all our resources, and no restraint should be tolerated in 6uch circumstances, save only those which christian civilization has imposed on all war fare* "Whatever is according to the Constitu tion, the argument claims, may be done, of course—whatever is over and beyond the Con stitution is justified as military necessity, and of that the President and Congress are exclu sive and final judges. The amount of argument is that the exi gencies of the times justify the substitution of martial law for the Constitution. But what 's martial law ? Blackstonc and Sir Mathcw Hale tells us " It is built upon no settled principles, but is entirely arbitrary in its do cisions, is in truth and reality no law, but something indulged rather than allowed as law." The unrestrained will of one or a number of men, then is the rule the argument substitutes for the Constitution. It is of no con6equenco that the will thus set up for su preme law is that of men whom a majority of the people have chosen, because according to our system the majority can only choose men to administer to Constitution as it is written. Majorities, as a power recognized by law, lave no more right to establish a despotism than a minority would have. But by ma jority thas 6et aside the Constitution under pressure of rebellion and insurrection. As the Constitution anticipates and pro vides for such calami ties, it is a reproach to its wisdom, to say that it is inadequate to such emergencies. No man has any histori cal right to cast his reproach upon it. No cuirent experience proves it. It never can be proved except by an unsuccessful 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 al low. Even such a melancholy demonstration would do no more than point out necessary amendments—it would not surrender the peo ple to the arbitrary will of anybody. Presi dents or Congressmen are only servants of the people, to do their will, not as that will may be expressed under passion or excitement but as it stands recorded in the Constitution- It is the Const tution indeed which makes them Presidents and Congressmen. They have no more power to set up their will against the Constitution, than so many pri vate citizens would have. Outside of that they are only private citizens. I do not therefore, feel the force of the ar gument drawn from the distressing circum stances of the time. Bad as they are, we make them worse, by substituting arbitrary power for constitutional rule, but if wt made them better, or not worse, the judicial mind ought not to be expected to approve the sub stitution, for it can regcognize no violation of the Constitution as a legitimate vindication of the Constitution. To place ourselves un der despotic 6way in order to bring back reb ela to the Constitution we have given up, is a procedure that perplexes the student of po litical science, and will quite confound the historian of our times. There are other features of the conscript law that deserves criticism, but not to ex tend my opinion farther, I rest my objections to its constitutionality upon these grounds. Ist. That the power of Congresß to raise and support armies, does not include the pow er to draft the militia of the State. 2d. That the power of Congress to call forth the milit'.a cannot be exercised in the forms of thia enactment. 3. That a citizen of Pennsylvania cannot be subjected to the rules and articles of war until he is in actual military service. 4th. That he is not placed in sueh actual service when his name has been drawn from a wheel, and ten days' notice thereof has been served upon liim. For these reasons 1 am for granting the in junction. One of our government officials just returned from Peru, tells us that among the first and most frequent inquiries made of him there about our public men was, whether he knew or had ever seen the celebrated Ameri can Chemist, Dr. J. C. Ayer of Lowell. His remedies are found in every village from the elevated slopes of the Andes down to the coast, and their remarkable eurc3 seem to attract even more attention than in this eoun try. The sentiment of wonder at their effects, takes a far deeper hold on a half civili zed and superstitious people that it docs wi'h us where the rationale of medical problems is so much more generally understood. No other American has made himself so familiarly known to the masses of the people in foreign countries or excited in them so lively an in terest in himself as the Doctor has by his skilful application of chemical science to *he treatment of disease. That must be a dull man who d es not fee) some pride of country when be finds among distant nations that he is already known and welcome there, through the labors of out Statesmen, Merchants and Scholars, whoss renown has become national property, and consequently in some measure his own Whether Dr. Ayer'a remedies do actually cure more than others or aot r they have se cured the reputation of being a God send to those afflicted with disease, and where great numbers in any community believe that they owe their health and lives to one's skill, they are sure to feel an interest in him which will find expression when they meet his country men—National Era, Washington, D. C. A Loyal League unmarried woman, of Brideport, Gonn, has named her first born GREEN, a is supposed, in honor of gixcn ~ backs. dje §)tmotrat. HARVEY SICKLER, Editor. TUN KHAN NOCK, PA Wednesday, Dec. 1, 1863. S. M. Pettenglll it Co.—No. 37 PABE Row NEW k 6 STATE ST. BOSTOX, are our Agents for the N. B. Democrat, in those cities, and are author ized to take Advertisements and Subscriptions us at our lowest Rates. MATHER Ac CO., No. 335 Broadway N. Y. are our Authorized Agents to tako Advertisements or this paper, at out published rates. Judge Woodward's Opinion on the Con scription Aet. We publish to day, to the exclusion of much of our usual variety, the Opinion of Justice \\ oodward of the Supreme Court of Pennsylvania, on the Conscription Law cf the last Congress. Three of the five Judges composing the Supreme Court, concur in pro nouncing the act unconstitutional ! It re mains to be seen whether our federal rulers will treat the highest judicial authority of this state with the same contempt that they have all the other reserved rights of the Slates. It is more than probable that this decision, like the Constitution itself, will be treated by the powers at Washington as a nulity. Already steps are being taken to carry for ward the second draft under this infnmous and unconstitutional act. It matters not to them that the experience of the past has demonstrated, that not one in twenty of those drafted got into the army. It has brought into their coffers a few millions of dollars—perhaps enough to prolong the war a half dozen days—These millions have been wrung out of the hard earnings of the poor est of the poor. It leaves thousands of young men just starting in the world, penniless and in debt. Hundred;- of thousands of helpless children will fcel its severity in their coarse fare and diminished clothing. A few horse contractors or shodey dealers will be enriched out of the proceeds. The people have snb mitted tamely to one violation after another of their constitutional rights ; till it seems the decisions of their supreme courts—the last barrier between them and despotism in all its hideousness, is broken down and violated, The great living, throbbing heart of liberty which once animated the bosom of Americans seema to have been paralyzed. A sort of dreamy stupor possesses the minds of men. They know that their most aacrcd rights one after another have been taken away, and yet they submit to all as though it were a matter of no consequence to them. The able and convincing opinion of Jus tice Woodward if carefully read and studied cannot fail to arouse the people to a sense of the danger which is threatening them. We hope no man, woman or child into whose hand it falls, will fail to give it that careful perusal, candid and earnest reflection, which its importance demands. It is so plain and simple in style and language, that the merest schoolboy cannot misunderstand it. We are told at one moment that no time for party organization, but for a Un ion of all in support of measure to put down the rebellion: yet the rebellion, and all oth er questions, are made subordinate, to party by these no party preaehers the moment such n course is thuuget necessary for their party iutirests. The New York Iribune of the 4th thus speaks . "We must organize now, in every city, county, cownship, ward, for the Ilresibentia! contest of 1864. The woolvheads, fearing the next Presidential election, and meaning to run old Abe again, are trying to make it appear that he is opposed to the radical policy of the abolitionists. This is done for effect, but it will not go down. Old Abe is either too easily influenced to know his own mind, or else he is among the most radical of the land. Ilis proclamation and speeches would indicate that he was a mixture of both. McCf.KLLAN IN MASSACHUSETTS General Meagher gave a lecture at Treraonl Temple Boston, last week, entitled " Kecollections of the Army of the Potomac." The name of McClellan was greeted by the andience with immense enthusiasm. This was significant in Boston, and is reported to have taken General Meagher by surprise and somewhat disconcerted him. The Boston Republican papers make no mention of it. JEST What will be the next more of the Administration ? is a question often asked. Bur is as difficult to answer as it is to teH what will be the ce.xt act of a lunatic. He may cut his own throat, or he may attaint to cut the throat of somebody else. — John 11. Morgan and associates who es caped from the Ohio Penitentiary, have com pletely outwitted their pursuers. Morgan at last accounts was at Toronto Canada. Never take a paper more than ten years without paying the printer, or at least sending a lock of }'our hair to- lot him know that you are about. The Louisville Democrat is respon sible for the following j u The contractors, time of carrying on the war is buy and buy." Those among them who have been Demo cratw are alio in favor of telling out to the Admin istration. Latest War Items. General Grant on the 23rd ult. gave battle to the rebel Gen. Bragg, on Lookout moun tain near Chataßoogs, and drove him from his stronghold, with a loss it is said of near 6,000 men and 48 gans. Grant's loss is put down at lesa than 4.000 men. Bragg at last accounts was near Dalton to which place he had ordered Gen. Longstreet. If this be true Burnside, who has been cooped up by him at Knoxville, will be relieved. The ermy of the Potomac with supplies for two weeks has struck boldly into the enemy's country, not stopping to keep up his lines of communication with Washington. No very authentic intelligence has been reeceived from it since Saturday last when it had crossed the Rapidan. Gen. Lee is supposed to have fallen back to preserve his lines of communi cation with Richmond. The rumors that a battle was fought on Friday and Saturday are not confirmed. Escape of John Morean, THE NOTED REBEL AND 61X OF HIS OFFICERS BREAK OUT OF COLUMBUS JAIL. COLUMBUS, Saturday, Nov. 23. Major General John Morgan and six of his officers—Captains Bennet, Taylor, Sheldon, Haines, Hooker Smith and Magee—escaped from the Ohio penitentiary this morning be tween 2 o'clock and daylight. John Morgan, on retiring, changed with his brother Dick from the top cell to the low er tier. The floor of the lower cell is two and a half inches thick, in which a hole was cut, under the bed, leading down into a two and a half feet sewer, running to the main wall around the penitentiary. This wall w cut under, and the party escaped into the open country. The night was dark, woth heavy rain. All efforts are being made by the authorities for his recapture. Among recent captures of blockade run ners we note the steamer Mail, from Bayport, Flotida, bound to Cuba with 176 bales of cot ton. Also, the schooner Martha Jane, near the same place, with 28,000 pounds of sea Island cotton and $1,200 pounds in gold.— Also, the British Schooner Hciald, from Nas sau off Frying Pan Shoals, with 350 bags of salt and 125 kegs of soda. A Lesson to Preachers. The following extract from the pen of Ed round Burke, might be given as a lesson to men who pretend to be ministers ol the gos pel ; but who, instead of preaching Christ and ' him crucified,' turn their pulpits into politi cal rostrums, to dabble in the pool of partisan strife. " Politics and tbe pulpit are terms that have little agreement. No sound ought to be heard in the church but the healing voice of Christian charity. The cause of civil lib erty and civil government gains as little as religion by this confusion of duties. Those who quit their proper character to assume what does not belong to them, are, for the greater part, IGNORANT BOTH OF THE CHARAC TER THEY LEAVE AND THE CHARACTER THEY ASSUME. Wholly unacquainted with the world in which they arc so fond of meddling, and inexperienced in all its affairs, on which they pronounce with so much confidence, they have nothing of politics but the passions they excite." ATTEMPT OF PRISONERS TO ESCAPE FROM JOHNSON ISLAND. —The Sandusky Regintc says that four or five of the rebel prisoners confined on Johnson Island made a futile at tempt to escape from the enclosure, and thence from tha island on Thursday night. They were discovered in time, and the at tempt frustrated. The escape was attempted by digging under the fence, but one of the party stuck fast, and what with the mud and water, he attracted the attention of the guard and was secured, as well as the others who had already passed through. THE RUSSIAN FETE. —As the ovation and ball given in New York, last week, in honor of the officers of the Russian fleet, now in that harbor, is one which may leave its traces on centuries, to come, we give for the sake of history, and account of the principal edibles used, viz: Twelve Shon6and oysters —IO,OOO poulette and 2,000 pickled; 12 monster salmon—3o pounds each ; 1,200 game birds ; 250 turkeys ; 400 chickens 1,000 pounds of tenderloin ; 100 pyramids of pastry; 1,000 large loaves ; 3,000 bottles ol wine. HIGH PRICE OF PAPER. —Paper is once more going up to fearful prices. People should everywhere save all their old papers and sell them. They are now worth five or 6ix cents per pound, while old account books or old writing paper of any kind, is worth from ten to twelve cents. Rags are also in demand, and should be carefully preserved for sale.—iVete York Day Book. JC3T " The Government" is now issuing papers at the rate of $4,000,000 daily. The actoal average expenditure daily amounts to $2, 250, 000 and for the next year is estima ted at $800,000,000. It is further estimated that there will be an income for the next fis cal year, of $25,000 000 from internal taxes and SIOO 000,000 from duties, the larger por tion of which will be required to pay the in terest on the national debt. This is cheer ing ! JG3T The New Hampshire ' 4 States and Union" thus names some of the 'pets' of Lin coin : 'Beast Butler," Blood letting Chandler,' 'Small Potato Hamlin,' 'Poor Cochrane,' 'Ann Pettieoats Dickinson,' the white pickaninny. Evidently the fear of Lincoln'a wrath is not before the face of the oditor of the " States and Union." JS3T Kindness is a language that even dumb brutes can understand. We publish the following late and import* aot circular from the Pro tost Marshal Gener al, and invite to it the attention of men lia ble to enrollment aad draft, attorneys, and others interested; Regulations Concerning Enrallmoht, and Drafllug. WAR DEP'T. P- M. G. OFFICE, / WASHINGTON, Nov. 17. 1863. ) CIRCULAR NO. 101. —As complaints have been made that errors have occurred in the enrollment of the National forces by the omission of persons whose names should have been enrolled, and by the addition of names of persons who by reason of alienago, and for other causes ought not to have been enrolled, and as it ia desirable that the Department should have such information as may be nec essary in order to do full justice to all parties, it is hereby ordered. 1. That the Board of enrollment of each District shall have printed lists of the names and residences of all persons enrolled in each sub-district, prepared and exposed to public view in at least five places in each sub-dis trict and in as tna ay more as the Board may deem neeessary. Names will be placed upon these lists in alphabetical order. 2. Public notice will be given by adver tisement upon tbe list ol names and in the newspapers, that any person enrolled may appear before tbe Board and claim to have his name stricken off the list, if he can show to the satisfaction of the Board that he is not, and will not be at the time fixed for next draft, liable to military duty on account of— first, Alienage second, non-residence ; third, unsuitableness of age ; fourth, manifest physi cat disability. 3. Persons who may be cognizant of any other persons liable to military duty, whos names do not appear on the enrollment list, are requested to notify the Board of Enroll ment, who frhall thereupon direct tbe enroll ing officer of the subdistrict in which the partias reside, to ascertain tbe facts and en roll the persons so reported, if they are found to be subject to enriliment. These may avail themselves of the privilege of ap pearing as specified in paragraph Ist, as if they had baen originally enrolled. 4. Boards of Enrollment will use all dili gence in collecting the necessay information and making the requisite notes to perfect the enrllment list. 5. Boards of Enrollment will hear cases, as proaded in paragraph Ist, until December 20th, 1863. after which no cases will be heard. As soon as possible thereafter a report of re port "f proposed corrections will ce made out recording to the printed instructions and transmitted to the Provost Master General. 6. The names and residences of those pro posed to be stricken off or added will ge writ ten upon sheets of consolidated enrollment list, (forms 37 and 38) and transmitted to the Provost Marshal General for the purpose of correcting the list on file. JAMES B. FKY. Provost Marshal Gen . Rev. Dr. Tyng, aliat Higginson, in his speech at the late negro meeting in Cooper itstitute, said; "In all those qualities that adorn tbe man and dignify the woman, the black man and tbe black woman shine as exalted and glori ous as any white man or white woman in tbe land. (Applaase,) The time has come when we are to take them cordially by the hand and say of every one of them, "It is my broth er, it is iny sister, it is my fellow cilixen."—. The very rights that I have be shall have ; the very claims / make for myself I will make for him ; the respect 1 demand he will re ceive ; the countenance I require I will my self extend to him." That is the doctrine of his party. Tyng has the ring of loyalty to the administration. PREPARE roa A SEVERE WINTER— The St. Paul [Minnessota] Press thus admonishes us : The weather prophets say that people may look out for the hardest winter seen foryesrs. There will be more cold days—the Mercury will run lower, and the snow be deeper, than before, since 185-7. This is the first fall since 1857 that the brook troot have commenced leaving the small creeks for deep boles as early as September, and first season since then that the muskrats have double walled their little hillock homes. These and certain orher infallible signs, known to the sports man and hunter, indicate a winter of amwual severity, it is thought by many that the riv : er will close two weeks earlier than last year. f,y It seems by the following, which we take frcm the Carbondale Advance , that the reported death of Peter Walsh, Representa tive elect from Luzerne County, which was so generally noticed in all the papers of this vi j cinity is untrue : Incorrect* The telegraphic despatch from Ithaca an nouncing the death of Peter Walsh, Esq., published by us and other papers in tho county last week, we arc glad to learn, was incorrect. When a man telegraphs that a person died at his house," giving the time, cause and circumstances, it is generally con j sidered reliable. It seems not to have been ! so in this case. jfiy The following passage from Burks is a faithful portrait of thousands of cowardly war-howlers who are careful enough to keep their own worthless bodies out of the reach of harm: 44 1 can conceive no existence un der heaven that is more truly odious and dis gusting than an impotent, helpless creature, without civil wisdom or military skill, with out a consciousness of any other quafication for power, but his servility to it, bloated with pride and arrogance, and calling for battlea which ho ie not willing to fight." EVERETT, the great "orator of the "loy al league," at the dedictation of the National Cemetery at Gettysburg, on Wednesday last, committed the great miatako of preaching the funeral sermon of State Right, instead of the gallant dead who fell on that bloody field. The Hibew Corpus. T. Babington Macauly, the great English historian, m speaking of King James the Sec ond, the tyrant whom the English people ex pelled from the throne in 1688, says : " One of his objecfs was to obtain a repeal of the habeas corpus act which he hated, as it is natarsi a tyrant shook! hate the MOST STRINGENT CURB THAT EVER LEGIS LATION IMPOSED UPON TYRANNY.— The feeling remained deeply fixed in his mind to the last, and appears in the instructions which he drew up, when in exile, for the guidance of his son. But the habeas eorpns act, though passed during ihe ascendency of the Whigs, was not more dear to the Whigs than the Tories. It is indeed, not wonder ful that this great law should be highly priz ed by ail Englishmen, without distinction of party ; for it ia a law which not, by circuitous, but by direct operations, adds to the security and happiness of every inhabitant of the realm," We don't think he hated the act more than our President and Cabinet do at the present time. Treason lb tbe New York Custom Hesse. Extraordinary developments have recently been made in the city of New York. Henry B. Stanton, the Deputy Collector of the Port and other prominent Black Republican offi cials, have been detected in the act of sending merchandize and supplies, in violation of the law, to the Rebel authorities at Richmond, of course receiving large pay and profits from Jeff Davi'a government. Some rich expos urea are expected. Here we have another evidence of the " honesty', and " loyalty" of of some of the Lincoln officw holders. Noth ing is too dishonorable for them to do if they can fill their pockets with money. Our read ers must not expect to find out much about his real treasonable plot from thu Adminis. iration paper, They are too busy in hunting up imaginary traitors among the Democrats, to give any attention to the henions wrongs that are going on amongst their own intense ly "loyal" friends and supporters of tne gov eminent. COSTLY MISTAKE or A PRTYOKT MARSHAL ASSISTANT. —An officer of one of the ProYost marshalls in Boston received information that two deserters whose names were npon the list of the officers, were at Concord, N. H., under assumed names, which were given. The officer went to Concord and foond the men bearing those names. He told them they were wanted here as deserters, when they treated the matter as a joke. The case soon assumed a more serious aspect, as he called in assistance and arrested them.— They were sent to the State Prison that night for safe keeping. The next morning they produced satisfactory evidence that had never been in the army, whereupon they were discharged. They then brought a suit against the officer for damages for fahe im prisonment, and he was sent to jail for want of sureties in $2,000 to answer in Court. Yesterday, after being in jail two weeks, he cause home after having compromised the matter by giving the men SSO each and pay ing another SSO for cost* Supplies for Prisoners In Richmond. WASHINGTON. NOT. 30.—A letter received to day at the Central Office, from an agent of the Sanitary Commission at Norfork, says that General Meredith stales that although there may be s>me doubt apout the disposi tion which has been made of the Govern ment stores sent to Richmond, he has every reason to belrsve that the supplies sent by i the Sanitary commission have been proply , destribnted. On Satnrdav the flag-of-truce boat took up to City Point 280 cases of supplies fr-tuat condition of the Repub lic—to present to them, truthfully, the fearful perils in which we stand as a nation —to exhibit the magni tude of the task that is before them, if they would check our downward progress—and to inspire thein with patriotic determination to apply THE REMEDY for our national ills. In brief, it will, in all things, aim to l the faith ful exponent of Democratic principles, aod to render itself worthy to be an organ of the Democratic par-- ty, under whose auspices our country prospered eo long and so well. The restoration of that party— the party of the CONSTITUTION and the UNlON—to power, in the legislative and executive governmen tal branches of the States and of the Union, we be lieve to be necessaryto avert anarchy, and the utter ruin of the Republic. To contribute to thai restore tion will be our highest aim. The News, Literary, Commercial, and other de partments, will receive due attention, and will be eo conducted as to make "THE AGE" worthy of the support of the general reader. The many difficulties now surrounding an en terprise of the magnitude of that in which the under j signed are engaged, require them to appeal to the public for a generous support, and to ask for " TUB AGE" a libera! patronage and extended circulation. The present state of the preparatory arrangements warrants the expectation, that the first number of the Daily will appear before the close of the coming moath, (February,. 1863.) The Weekly will be is sued soon thereafter. TERMS. DAILY. Per Annum, fiS.OO Six Months, 3.0 Three Months, LSO Copies delivered at the counter, and to Agents and Carriers, 2 cents each. WEEKLY. Per Annua, 12 o>> Six Months, 1.00 Three Months,. 50 Ten Copies to one address. 17-51* Twenty " " 41 32.01* Thirty, 44 14 44 45.0U fy Payment required invariably in advance. Address, A J GLOSSBRENNER A CO| 430 Chestnut Street, Philadelphia January ?6ih. 1863