New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-07-25
THE DRAFT CONsTITUTIONAL.

In response 10 tne caVli uVous suo "o""ssu-
topality of the CONSUMPTION Law, so far as it
proceeds from traitors and cOnsplrators, we
take no pains to offer argument or authority
for their opposition to the law is not because
it is unconstitutional. but because II IL Ia"
vital to the Republic and deadly to the Rebel
lion. The cry Of unconstitutionality Is but one
effort among many others to enlist the pre-
iudices of honest men against an honest law
and to obstruct its execution.
10 that class, however, of loyal citizens who
have in any way been led to doubt whether
the ConscriptOn law does not exceed the war
rant of the Constitution, and whether because
of the doubt, it is not the duty of the citizen,
or even of the Government, to test Its c0nsti-
nationality in the courts. two things are proper
to be said.
First: 1t is legal maxim that erery law
is presumed to DO constitutional until 1t Is
iudiciay decided to be unconstitutional. There
ia no reason, therefore, why tho Government
should delay the execution Of the Consumption
law till its consttutionality can be decided In
the courts; but it is, on the contrary, bound
10 proceed with the enforcement Of the law,
and is entitled to the acquescence and encour-
agement of the people in this discharge OF its
duty.
Seeond: The Act Of Congress Of March 3
1863, for enrolling and calling out tho national
forces, commonly known as the CONSUMPTION
Law, has already been adjudsed consttu-
tonal The District Court Of the United States
for tue Eastern District OF Pennsylvania, over
which Judge Cadwalader. an extreme Conserva-
tive. presides, decided the question in case
arising on q writ Of habeas corpus on the
9th of March, 1868. and fully affirmed the
constitutionality of the law The question arose
as follows:
| A deserter who had been drafted under the
act Of July II, 1862, was arrested by Pro.
vost Marshal on the authority of that provision
of the act of 1868 which legalizes the arrest
Of persons called into service under any act to
Congress. A writ of habeas corpus was grant
ed By Judge Cadwalader. and on the return to
that writ, the case was argued in full Much
Of the discussion was upon other points than
that Of the constitutionalty Of the law, but
that point was necessarily raised, was argued,
and was fully decided, Judge Cadwalader
says:
Tho Con.,uon ofhs United States su,b prizes Congress
10 rai.s armies. md call Joh and orSdHiSe hs mas
al tie .ersraI Siaf Under ths toi power both regu-
lar rational srues, and occasional militia forces from the
se,efa States. may he rsssd sher by psoH or in
v.,ss Is whtsson ~ Tho power to raise them By
eoa,crg,!on may crisi, OF extreme ,Iseucy, DO indis
p.ns.b!e 70 public security"
Various questions Of the construction Of diff.
ferent portions Of the acts OF 1862 and 1868
are very deliberately considered by the learned
Judge, but his reasoning is at too great length
to DO quoted here, nor is it our province es-
pecially to investigate questions which are
merely questions Of detail. II is enough to
say that on all the points discussed Judge
Cadwalader sustains the cousttutionality Of
the law. 1t il to be remarked further that no
Court or Judge has ye! denied it, and indeed,
no argument has been adduced against it
which lawyer Of reputation would be willing
to present as his own. The law stands, there.
fore, before the country, with the presumption
in its favor that every law has, and with the
judicial affirmation by United States Court
Of its constitutionality. No loyal citizen can
hesitate to render benceforth cheerful obedi-
ence to all it's provisions and to support the
, pilicers charged with its enforcement.