The Bedford gazette. [volume] (Bedford, Pa.) 1805-current, 1863-11-27
The Conscription Bill Unconstitutional.

sH.tf.t .
We publish this morning the opinion of the
Supreme Court, delivered at Pittsburgh by Chief
Justice Lowrie, III the cases arising in this city
under the Conscription bill Justice Woodward
and Thompson concurred in the decision, while
the otter two members Of the Court disscntei
1t is with no little satisfaction that we have
thus the opportunity to present vindica,ion of
the course Of the Democratic party IN reference
to this important measure. We were always
careful to disclaim any intention of Offering
merely tactlous opposition to the Administra-
tion, but this system seemed TO US so clearly un-
constitutional that there was nothing left for one
who acknowledged allegiance to our fundamen-
tal law but to protest against it; though, in do
ing this, however, we have never lost sight Of
the fact that until annulled by the Judiciary,
every law, however absurd, is binding upon the
citizen, and all that we asked for therefore, was
that the question should be fairly brought before
the courts. After much delay, and with great
trouble, this was at least accomplished and the
result is that the Supreme Court Of pennsyIva-
MIA has decided the act unconstitutional.
No one can read the argument Of the Chief
Justice without acknowledging Its candor and
ability, and we trust that it will everywhere
receive acareful and patient consideration. I'm
Il, this decision is reversed the act is nullity,
50 G, as the citizens of this State are concerned;
and we take it for granted that no attempts will
be made by tie Federal authorities to enforce it,
unless the Supreme Court OF the United States
shall ovcrrue our own Court. 1t is the duty
of all good citizens to render obedience 30 the
law, as expounded by the proper tribGpals and
we have no doubt that our Republican tfiends
will surrender their preiudices, and submit, rs
they should do, without hesitation, TO the au-
thoritv of our highest Court. So long as the
legal presumption was in favor of the constitu-
tionaity Of this statute, we were all bound 70
obeyit. The doctrine promulg gated by the "A bo-
litionists at the time OF the passage Of the fu-
gutive slave law is not the American doctrine
Then, Senator Hale said, in reference to the
Boston mob
"That law which it was attempted to enforce
was odious. to the people, and it could not be
enforced, though the population in Boston was
not onc-tcnth of what it now is 1t cannot be
done now if the moral sense Of the people of
Boston are against it, and will not support it
and it is the illest thing on earth to send any
iOi " iASLC w ShiolSS A'o, ail ouNii 10
not the foundation on which our institutions
rest They rest upon the moral sentiments and
judgment of the people and when they fail to
sustain any measure it is idle to fail back Upon
standing armies"
But such theories are subversiye of free gov
ernment, and there is 10 safety for US unless we
acquiesce in the law as it stands on the statute
| book until the courts have pronounced against
it, when it ceases to be the law, and It becomes
the duty of every good citizen 10 resist lis en-
forcement. Should the Administration, there
fore, undertake TO continue the conscription Ia
this State, it will become necessary for Cover
nor Curtin to aid the courts in compelling obe
dience TO their decrecs and in So doing he may
safely count upon the assistance OF all loyal
men, We do not apprehend, however, that it
will be necessary for him TO take any such ac-
| tion for tic 'laithful execution OF the laws
which wonid be violated should the decision Of
the Court BE- disregMdol Were there no bet
ter reason it would be sufficient for the Wash
ington authorities TO know that those who should
attempt 10 arrest men in this State by virtue of
the provisions of the CONSUMPTION ac, would be
mere trespassers, and to resisg them would be
every ones right and duty. It is not possible
that such collisions will he pro vokee, and we
conclude, therefore, that for the present thepeo-
pie Of Pennsylvaniaare relieved from the terriers
of the conscription.
There is nothing left, therefore, 10" those who
recognize the necessity of filling up our armies,
but to turn their attention to the encom agement
Of volunteering. 1t is Obvious that the Presi-
dent prefers that method Of raising soldiers, or
he would not have again resorted to it after hav-
ing tried the other; and respect for his opinion
will, we trust reconcile our political opponents
to the necessity which they are now, under OF
depending upon freemen TO fight their battles
for them.--Age.
True ano Faithful.