New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-11-13
JUDGES AND TIL
CONsCRyPTION ACT.

CONCEPTION ACT.
Three Of the five Judges Of the Supreme
Court Of Pennsylvania have just decided the
" Conscription Act" unconstitutional. Oae Of
the three is Louvre, whom the people, at the
recent election. on al appeal to them for leave
to occupy his seat dnTAg another term, rcpudi-
atcd by lingo majority. Another is Wood
ward, whose aspirations to the Gnhcrnaiorial
chair have been siiaed under mountain of
popular reprobation. A. they Lad no jurisdc-
ton Of tho CASE, having arisen under Fed
eral and not State law--thcir written opinions,
filing many columns Of the Philadelphia jour
mails. may be treated as the mere political pro-
nnnciami.,os Of defeated demagogues, the
harmless Kisses Of condemned Coppcrheads.
The leading opinion is by tho retiring Louvre
He seems to have done bis best To convince the
few leading Republicans, mostly lawyers, who
bestowed their votes upon him. that, in coniidng
IN him As patriotic juris, and loyal citizen,
they hal mistaken their man. His opinion rests
mainly on the assertion that the act in question
s an a'temp, 10 abolish the militia system Of
the States by employing the powers vested IN
Congress 10 "Faisc and supper; armies. IN a
mode not warranted by the Constitution. IL Is
practically plea for that species of state
Righis" that plotted resistance 10 Federal
authority in New-England during the War OF
I-l2-i5. that passed the Nulliiying Ordinance
Of South Carolina in l-l2, and finally culmi-
mated IN Secession and Rebellion through all
tie slayoholding States in i-6l.
Tho powers aye clearly conferred by the Con-
stltuiiou upon the General Government; Fusi,
10 ra.-e and support armies; Second, to pro-
vide for calling forth organizing arning, dis
ciplinlng and governing tie militia, IA order TO
execute the laws Of the Union and suppress
Instructions. Running parallel with these
b. the authority 10 make AL laws that may be
necessary cor carrying into execution these two
powers. Now, whoever has read the recent
act Of Congress viii see that ii is based upon
both these grants Of power drawing its vitality
partly from the authority 10 raise and support
armies, and partly from lie authority TO organ
.ze, arm and govern the militia-the end aimed
at being 10 execute the laws Of the Union and
suppress The pending insuuection.
Bat if the Constitution had not, in express
terms, conferred this authority upon the General
Government, it would still inhero in the essen
tial elements Of its existence. Tor, If the Fed
cAl onion, when assailod hy such . Rebellion
as that which now strikes at IFS liie had not the
power without express authority in writing
from ~ founders, TO arm It's citizens to suppres;
it, then would ii be more pitiablc than the tay-
crncr who dared not hand over TO tho police
drunken lodger that made night hileous with
his howlings.
1t will be noted tina, the decision Of these three
Judges Is not aimed specially at the details of
the act, but declares in substance that any
similar law for enrolling and calling out the
national forces for crushing the Rebellion,
would be unconstitutional. From the iounda-
ton of the Government downward, laws have al
ways been found on the stalutc-book based on
precisely the same principle as this so-called
" Conscripton Act" That is 10 say, laws for
enrolling the national forces, and compelling
lllfu W I'iNiHi i4liit'll NhAf "HN ~ w wv
battlefield when called, or suffer the consc-
Quenccs in the shape Of fine and Imprisonment.
And during the last war with England, James
Monroe, then Secretary Of War, acting under
the sanction Of President Madison, who, more
than any one man, was tire author of the Con-
stiauton, framed and presented to Congress for
is adoption an act having 0ll the CONSUMPTION
features Of tho present law in respect TO
the enrolment, the drawing Of names,
and the Ike. This act was supported by all the
Democrats Of That day, It's chief champion in
the Senate being Giles of Virginia, and in the
House, Calhoun Of South Carolina. IL under
went a thorough discussion, passed each branch
Of Congress by n large majority, but failed TO
be enacted because Of differences between the
two Houses respecting amendments, and more
especially because the near approach of peace
rendered it unnecessary 10 pass the bill to con-
summation.
The opinion Of Judge Woodward is even n
worse partisan haianguc, and oyinccs more
settled hostility TO the filling up Of our armies,