Columbia Democrat and Bloomsburg general advertiser. [volume] (Bloomsburg, Pa.) 1850-1866, 1863-07-25
An Important Case
THE CONSUMPTION ACT.


An importent case came up yesterday
in the Supreme Court in this city, before
Justice Barnard, which deserves notice
and comment, in this exigency, at our
hands. 1t seems that respectable citi-
zen, DR.. james d. McCaulay, of Brook
lin. was arrested some time since, by
Provost Marshal's Guard, upder war
rant issued by United States Commissioner
Belts, on the charge Of resisting the ex-
ecution Of the Conscription Act, by re.
fusing to give his name to the enrolling
officer. He was taken before the Com
missioner, and the examination there re-
suited in his discharge. The United
States District Attorney thereupon imme-
diately went before another Commissioner,
Mr.. Newton, of No. IA Wall street, and
swore out new warrant for the same of.
fee, with which the Marshal again arrested
DR.. McCaulay. The latter, however, was
taken before Commissioner Newton, as
required by the warrant, but was suffered
TO 60 on his parole, to be forthcoming
when required for examination. He was
meanwhile rendered the oath Of allegiance,
and informed that he could be discharged
by taking it, which he very decidedly re-
refused. Thercupon, he was directed to
report himsely daily at the marshal's Of
fee, which he did for several days.
At last, however, DR.. McCaulay deter
mined to free himsely from this petty ty-
ranny, and employed counsel to test the
legality Of his imprisonment--for such, in
contemplating oil law, it clearly was Ac-
cordengly, a writ of habeaS corpus was
brought before the Supreme Court, which
came up for adjudication yesterday. The
question involved being the constitutional.
ity of the Conscription Act, necessarily
excited some interest among the legal pro-
fession and with the public generally.
1t was expected that the United States
Marshal would fall back upon the SO o-called
lndemiuity Act passed by the last Con-
gress, which undertakes to deprive our
State Courts of jurisdiction in all cases
, involving the liberty Of our citizens arrested
under claim of military authority, and to
transfer it to the United States Courts -
, This act is also claimed to be clearly un-
, constitutional, and, if pleaded, that ques-
ton wonld have had to be first decided by
!, the Supreme Court. 1t is simp y the ques-
ton whether an act of Congress can abolish
- our State Courts.
But, to the surprise Of everybody, the
. United States officials did not set at def
ince the authority of our State tribunals
= but avoided and succeeded in evading all
y questions upon which the cohsttutionality
question may arise. Contrary to expect.
tation, the United States District Attorn.
ey, the official legal representative of the
l. Lincoln Government, condescended tc
make no return to the writ of the People
.ot the State Of New York. He first wen
before the United States Commissioner
i tried DR.. McCauly in his absence, nnt
, without producing him before the Commits
# sioner, dismissed the warrant against him
=, caused the Commissioner to indorse tn
!, dismissal upon the warrant, and then alon;
with his return to the writ, he produced
:. the discharge in Court to provo that DR.
McCanlay was no longer deprived of hi
IS liberty.
Comment upon this plain statement O
l. facts is unnecessary. Two things ar
a. shown first, that man may be trie
OF and acquitted before U. S. Commission
ID er, in this city without his own knowledg
n or the faintest suspicion or imitation of an
portion OF the proceeding; and secondly
J.. that the federal Government does not in
tend, if it can help it, that the Suprcm
Court of the State of New York shall dc
eide on the constitutionality of the con
o. scription.
., The latter fact appears, also, from tn
!" failure Of the federal officials TO appea
g from Judge McCunn's recent decision b
III which the Act is declared uuconstitutior
'n al That decision now stands as the Law
and the Justice of the Supreme Court wi
be likely to endorse it, whenever it come
IT. before them The people have now til
's law on their side, and the Administratio
0' must either obey or trample upon our tr
o. bunals Of justice. Which
%, ~ 7. MeOS.
as WHERE TIE GOLD Is.--During ii
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