North Branch democrat. [volume] (Tunkhannock, Pa.) 1854-1867, 1863-08-12
The Constitutionality of the Conscriptlon
Law to be Tested.
L. b. STARK.

4 bill IN equity, praying all injunction
against the Provost Marshal and the Board of
Enrolment Of the First Congressional Dis
t.lcl, Philadelphia has been filed IN the Su-
preme Court of Pennsylvania, by VIM. Frank.
lin Nichols, a citizen of that district, who
has been drafted, the grpUF1 laid bein; that
tue ConscriptiOn act is unconstitutional
Measrs. Charles IngersoiI George NJ. Whar-
ton and Geo. W. Eidle appear for the Com.
plalnant.
The substance of the bill is as follows:
Wm. Francis Nichols, citizen of the Uni
ted States, and Of the State Of Pennsylvalia
and resident in the Third Ward of the city Of
Phlladelphia, Of The age of tgenty-four as
we'll for hinsel! as for the citizens Of Penn.
5ylyacja who may become parties hereto,
against Wm. +, Lehman, |. II. Mlrsel-
lis, Charles Murphy AID Ebcnezer Sea-
nian.
The mp!ainant ayers that his rights have
been violated and his personal lLerty is about
to BE- Invaded by the defendaqts, under the
pretonce ot cxecu,ips law OF the United
States.
The Iin then set forth the Conscription
act, apd the cOmpl plaIn2nt AYERS that ke las
received no notice, but he is il daily expect
alton .! receiving notice. and being required
Immediately II Eep'r, for dGty at a drsIgna-
ted rsnd, zvous On pain OF being regarded as
a descrter iroH military service, aad of pm.
Ishment by death FIR 4=segtion up Ter tho ar
| tccs Of waE
He IS advised that the act Of c ,pgFess 4G-
der which lie vas ear1'lcc and drsGed fof
uiIi; asy service, without his consent and
contrary to his will is in derogation OF IIle
reserved rights Of the State, and Of the hb,l
ties and rights Of the citiz.as thereof, and
, that .hv SANE IS unconstitutional and void
| there being delegated By the State AID the
pc ople thereof to the Federal q JTern'nen. no
power 10 enact such law.
The bill further charges that BY reason Of
the omission from the enrolment OF many in
dlvidua!s, able-bodied male citizens Of the
United States, and peroOns Of foreign birth,
who have declared on oath their in:srrio2s -
| become citizens between the ages Of Is AMI
45, not as a4oresa:d excepted by the said
act, and resident in tbs Third ward Of the
city of Philadelphia, the said enrvlIia,nt and
draft were Fraudulent and void
The bill further charges that the proceed
ings under the draft aze against common JUS
tice in this, that the draft is being enforced
only in certain Of the States nOt in rebellion
and insurrection, and certain other States
and districts ana parts of States are not be !
ing drafted for, aud the plaintiff charges.
THAI by reason there's iha draft is uplaw-l
full.
The bill concludes with : prayer for a writ
of injunction against the defendants, to re-
strain them from further proceedings with or
of citizens of this Commonwealth, and of all
persons Of foreign birth who shall have de-
clared their intentions to become citizens, lp
pursuance of the laws, 70 perform compulso-
~ military duty in the service of the United
States, and from all other proceedings which
V olate the rights and invade the personal
liberty of such persons, under pretence of
executing the said law Of the United States
and particularly from all proceedings under
such pretenoe against the person of this
plaintiff.
No time has been fixed for a hearing, but
it will take place at an early day, before the
full bench.