, 1863-11-17
He IfsAsrees with Madison And the
EaKly Gathers.

The Philadelphia Iaqn:1rr, very conserva-
tive but loyal paper, commenting upoa the
decision Of the copperhead portion of the su-
p1eme Court Of P<nrsJlyanis, .gainst the
conttitu'icnslity Of the Corscelption Act,
says:
We nay, however, offer some comments
on matter Of history noticed By Judge Low
he s6 affecting his opinion that the Trainers
OF Tic Constitution did = OF design that Con-
g7e6s should raise armies By coerc1Ve meas
11es. He refers to Nj: Mcnroe'a plan Of
1874. Monroe was sec,etary Of War 70 Pres
ident Madison, and his plan is admitted By
Judge Lowrie to be- .syerJ simllas'' to the
prete1t at, ard adds that '.uo doubt this Is
zone argument in favor Of It's constitutional
ity." "But," he continues - this plan wu
not adopted By Coog1ess." and the subject
1hs auesion T Hsae s4e a tTo sttsrs t. ~ 81 ffss ae
On Which 1aymsn may take issue with .
Judge. That plbn Nas adopted By bosh Houses
OF Congress, ard there tnas discussion, SO
prolonged ard comprehensive a. to aattle the
question in the minds Of large maiorities, ia
eoth the SeIate and the House, Ia that Con
giess.
upon Mr.. Moproe's Recommendation were
these: Provisions for classifying aN the NIL
ltia Of the United States into small sections
Of from twenty. FIVE to onehundred men each,
and every eIch section Was to turnikh from
ono to fonr men to serve In the army for tro
pears, BY choice or by arrangement among
their selyes; but If sny clsss failed to faruiah
the man or men, then It was to submit to a
draft for the required number. To these was
added another provision authorizing the Pres
tdeut, In case my State Executive refa9ed to
comply with the requisilioa, to call directly
On the officers OF the militia.
~ n3s{,u II, $nn
recognized In Colgrees as measure Of Madi-
sous Administration. This never has bsen
disputed, and cannot be disputed. It was
contested by the opposition Of that dag IN
the ground that it WAS " compntaiye," that 1t
vas "couec1ip,ion," !" that it wa. "tyrauntcAr'
and '.destructiye to civil freedom" J" because
it enabled :. the President Ct the United States
to govern The militia before they were called
into strvfce." The discussion listed through
the greater parts Of November aud December
OF 1874; and notwithstanding this persistent,
able and bitter opposition, the bill passed the
Senate By 7ote ot ID to Ia, and the House
By vote Of 81 to u. The House amend.
slaugh facticus State Executives passed by .
vote of 81 to -. Tho bill only tailed to pc
come Law because Of difference between
the two Houses about some OF the amend
snents, not affecting the aboy. described pro-
visions for drafting men lato the army. Upon
tntAe DOLE AoESts nero agreed. lne pros
pect Of the succesa Of the pending negotia-
lions for peace finally ob9iated the necessity
for any further legislation on the subject.
Tno or three points relating to this Import
ant event in the military history Of the Uni
ted States should not be Overlooked, even In
this curaotT notice Of Judge Lowds's de.
cision. The main object of the bill ADORE
reterrcd TO, by which The mtlitis wera to be
classified and drafts made from those Glasses,
wss to raise the regular army to 14S 900 men.
That object and the mode Of effect!ng 1t had
the sanction Of Jsmes Madison, who was once
.uEposed to know something Of the power.
gralted to Congress By ths Constitution,
Senator Giles, Of Virginia, quoted BY Judge
BY the entire Democratic party In the H House;
and John G. Calhoun, the great apostle o1
Safe Rights, voted for its most stringent pro
yisions, ut every division Of the uouse, In
every atage Of their pregrets.