The New York herald., 1863-07-15
MERCHANTS MEETING IN WALL STREET,


The merchants pursuance or motion, adjourned 70
reconvene Wall for the purpose Of raising
al companies 10 be enrolled under the auspices OF the
State authorities to defend the city, Before they arrived
however, the square the Mercha nts Exchange
blocked up by dense crowd chiefly laborers and mo
chauics.
AT three O'Clock General wKrxoRE addressed the
bage from the steps OF the bank. He called them to
enroll themselves IN companies which would then !be
ganzed and give in their for that purpose Some
responded others refused join tho proposed FORCE
The General then made few remarks.
On the other side Of the street Colonel jack OF Brook
lyn addressed the assembage He dwet forciby the
duty Of citizens to the defence Of law and order,
and alluded to the loss or LIE and property which marked
the Of Monday, and called his hearers to rally
in support Of tine authorities.
vooH-He's got three hundred dollars; he goes for
the draft.
Colonel JAcK-No, sir; my cash ID my musket am
poor, and have wife and family
voicE-Youre free from the draft
Colonel JAcK-I arm ready 10 go with you. you don't
defend your city there's hopes Of you. You're pro-
perty will be destroyed by the mob.
vo.cD-No fear Of t. Take the draft away. and
there won't be any muss.
Here some Of the officers Of the meeting requested
colonel Jack to dcsis he obtaining tho necessary
recruits. speaker prOCeoueu remark
II the assemblaee did not aud 70 the Of
law the crowd who had created disturbance in tho city
would attack Wall street.
Subsequently Colonel Jack was accosted by man who
reiterated that he had $780, and that the government
abolished the conscrpon there would be peace. Colonel
Jack then disappeared among the assembage, many OF
the audience asking him "what about that $3007" and
other questions.
The next speaker similarly treated by the throng
He followed In the strnIus Of his predecessor but
frequently interrupted.
AvoicE-what bounty do you give; another, Ees q
provost marshal. daughter and cheers).
AGErLMAS here interposc whispering to the speaker
that he preventing the object Of the meeting and
hoping he would desist.
The speaker then asked all present II they would Join
for the defence OF the CITY, when loud cries Of NO. no
and aYesn answered: followed by cheers, hisscs
and laughter, in the midst Of which he retired
Mr. wN. =. DODGE then called on the TO enroll
their when many responded They subsequently
reported to General Wool and were armed
The CONSUMPTION Law Unconseftutional.
IMPORTANT CASE BEFORE JUDGE MCUNN.
IN the matter of the complaint against William L. Ste
pheus, enrolling ocer, who Henry Bcsel for
alleged resistance tho draft in refusing give his
the said enrolling officer, and which has been be-
fore Judge McCunn for the past week. decided by the
Judge yesterday afternoon. The facts Of the case
found 10 be foowsThat Stephens together with
Dodge entered into the shop kept by the father OF tho
complainant the Seventh avenue. where they
work That stephens demanded his name which he did
not refuse give, and that while he endeavorng
get him card upon which his written, Ste hens
seized him, handcufed him and acted violent manner
drawing pistol and threatened his father. Ho
then locked Biesel up all night in the Park Barracks
judy McCunn held on TINS state OF factsIirs that the
lheS dnayis
s74 section fourth edition, which makes 1t misdc
for any officer or any pretending to be
to arrest any person. deain any person against
his wii without legal process other lawful authority
therefor And secondly that the provisions Of the Con
for under the twenty nth section Of the act IL
offence to refuse 10 give name TO the enrolling ofcsrs
But apart from this Judge McCunn OF opinion that the
entire clearly unconstitutional for II not only
violates the rights OF the people and creates dstnton
among citizens but 10 in direct contravention Of
the fourteenth and fifteen sub divisions Of section eight
OF article one OF the constitution OF the United States
The constitution, In authorizing Congress- ''to raise
and support armies, -, provides % only ior , Tho %
the volunteer and temporary forces which any
emergency may demand, because the fourteenth sub
Congress 70 provide for calling forth the militia 10
cute the laws Of the Union. suppress nsurrcctons and
vides" well regulated militia beng necessary 70 the
security OF free State, Inc right Of the people 70 keep
and bear arms shall ma BE- inirinesdn And icr u:
only made the commanderiu che Of the army and navy
Of the United Sates but also Of the militia OF the several
Statse when called into The actual service Of the United
States And, therefore, - this Coascription law does
NOT make the force II creates militia force Of the
States nor It part Of the standing armies OF the
United states, h clearly not authorized by the
constitution. rhe standing army Of the ooun-
w could b increased nr:. By % an act Of Consrs..
Congress provide the for raising but Congress-
having neglected 10 do this the only force the President
II authorized 70 exclusive Il the regular army and
navy n the militia and volunteer forces contributed BY
the several States when called upon The Judge deeply
iotsm enough, under the operation Of the Conscripon
law walt until the courts had fully determined this
question That the courts able and equal 70 the
duty OF sustaining The rights of the ctzens end
through the courts alone that their rights anl safety In
Che end fully and properly protected Stephens was
held 70 ball In the sum Of IS 900.
John sedywick, Esq, ex Assistant District Attorney,
appeared f sephsas and Mr. G. Leeds for the prose-
cutso.