Raftsman's journal. [volume] (Clearfield, Pa.) 1854-1948, 1863-11-25
JUDGES STRONG AND LowRIE.

|
reader will find the opinion OF Justice Strong.
affirming the Constitutionaty of the Con-
1 scripton Act also brief abstract of Judge
| Lowrie's decision, declaring that act uncon-
stitutional.
/ Judge Strong's opinion is candid straight
forward, and convincing argument, and bears
the impress of sincerity and loyalty in every
| sentence. The reader will not fail to discov-
er that it is clear and pointed and free from
everything like sophstry. HIS argument
shows conciusively that if the trainers of the
Constitution had intended to prohibit the Gen
eral Government from raising armies by draft,
that they would have said so explicitly. But
they did not do SO. On the contrary, the
Constitution of the United States gives the
power to Congress to .sraise and support
mics; TO provide for calling forth the militia
to execute the laws of the Union, to suppress
instructions and repel nvasions; TO provide
for organizing, arming and disciplining the
militia, and for governing such part of them
as may be employed in the service of the u
nited States-hence, the act OF the Sd of
March, 1858, is constitutional, as Congress on
ly exercised the powers granted it by the Su-
pfeme law of the land. We hope that our
readers will give Judge Strong's opinion a
careful perusal.
The opinion of Judge Lowrie is to say the
very least of it, a very singular production.
The drift of his argument sthat the act of
March Sd, 1868, is unconstitutional, because,
understand him, the details of that law
are not in conformity with the powers granted
TO Congress, in that it ''seeks to abolish the
militia system of the States'' by raising armies
in q mode not warranted by the Constitution.
The Judge does not, however, clearly indi-
cate remedy for his asserted violation of that
instrument. True, he admits the right OF
voluntary enlstments. But that system fail
ing, how is the army to be kept up? The en-.
rolling of the national forces, (militia) is the
only resort left; and portion of the ar
my OF the Revolution was raised in that way,
BY the founders of our government, we pre-
sumo that the trainers of the Constitution CON
templated that mode of raising armies when
voluntary. enlstments failed.
The decision of Lowrie 4 Co., car have no
other effect than to embarrass the National
Government, in its efforts to crush the rebel
lion, and shows what a narrow escape the
country made when these men were defeated
in October last. If the act OF March Sd is re-
ally unconstitutional, then all proceedings IN
der il are null and void, and every drafted
man sent into the army would have the un-
doubted privilege of laying down his arms and
returning home. Can any man of ordinary
judgment fail to see the result of such de-
cision The cause of our country would be
stricken down at single blow, for it would
most effectually put stop to filling up the u
non armies now in the fel5; and as soon as
those armies would be reduced to a mere cor
poral's guard, JEFF Davis and his co-conspira-
tors wouid be masters OF the situation, and
our National Capitol at their mercy.
But this preliminary decision ayails very
little. 1t only shows the true sentiments of
those who made it. Before final injunction
can be granted fowrie will be superseded by
Judge Agnew. Then majority of the Court
will be constituted of loyal men, who will, we
feel confident, refuse TO grant the injunction
asked for, and will pronounce the act of Con |
gress constitutional. On the other hand had |
Woodward been elected Governor and Lowrie |
the effect 1t would have ended in the ap- |
pointment of another Copperhead Judge to fill |
the vacancy created by the resignation of |
W Oodward-the Court would then have been |
composed, as it now is of ma jority whose !
sympathies are with the rebes-a perpetual |
injunction would have been awarded to re-
strain any draft in this State-a demand for
fha ratI of in hat oil
would have been made-the militia called out
TO enforce these measures unless the National
authorities would accede to the wishes of the
State eXecutive-and the consequence would
have been war between Pennsylvania and |
the General Government. And then, the |
Copperhead leaders having gained their pri-
mary wishes, would have tswitched'' Penn
sylvania out of the Union and attached her to
the Southern Confederacy. Truly, the peo-
pie of this State have reason to be thankful
that Woodward and Lowrie were defeated ,and
that the Union is spared so dire calamity as
would have befallen it, had the result of the
election been otherwise.
FLEET OF BLOCKADE RUNNERs.-When
General Banks expedition arrived at the Rio
Grande; there were from fifty to sixty vessels,
nearly all blockade runners, loading with cot
ton from lighters, but lying in Mexican wa
ters they could not be disturbed. The Gov
ernment will have a chance at them when they
attempt to get out if they now win venture
on such an experiment. Three were captured
since the fleet arrived, trying to get in.
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