Democrat and sentinel. [volume] (Ebensburg, Pa.) 1853-1866, 1863-11-25

= CoyGKEss OF Sd MARCH, 1868,
,uoNY CALLED THE "CONsCRIP-
M LAW DECLARED UNCoNsrrrU-
msL
| Three bills
.rS. Knccdler, IN equity.
vs And on a
bid VI. Lane, ct al motion n
4lc. B. Smith VS. same. each case Tor
+ Nickel. vs. same. special in
junction.
Woodward, J.-On the Sd day of
rch, 1868. the Congress of the United
ate. passed an act for enrolling and
IEng out the National forces, and for
hr purposes" which is commonly called
Consciption law. The plaintiffs,
lo .rs citizens of Pennsylvania, have
forth the act fully in their bills, and
(ey complain that they have been d at
ID En,A the MILITARY service of the Gov
nment in pursuance of said enactment,
J |ut tha! the same is unconstitutional and
! bid, and that the defendants, who are
|ngased in executing the act, have viola
b the rights and are about to invade the
ersonsl liberty of the plaintiffs, and there
|pOn they invoke the equitable interposi-
On of this Court to enjoin the defendants
kainst a further execution of the said
|rL
For the jurisdiction of this Court to set
|Aie an act of Congress as unconstitu-
Asl, ard to grant the relief prayed for,
-!er myself to the views of the Chief
Hsce in the opinion he has just deliver
IN these cases, and | come at once tC
institutional question.
The Act begins with preamble which
rs the existing insurrectiOn and rebel
against the authority of the United
faes, the duty of the Government tc
9pr.ss insure ction and rebellion, tC
hArsntee to each State republican form
government, and to preserve the public
|hrqulllty, and declare that for these higl
|EPOses military force is Indispensable
70 False and support which all person
lght willingly to contribute" and tha
service is more praiseworthy and honor
iae than the maintenance of the Consti
'Qfon and Union; and then goes on t.
ro''de Tor the enrolling of all the able
''l!ed male citizens of the United States
pa persons Of foreign birth. who have de
Ned their intention TO become citizens
sFeen the ages Of twenty-one and forty
'eyears, and these able-bodied citizen
- foreigners, with certain exception
4'eFWard enumerated, are declared "h
'''0adi forces" and made liable to per
+'m military duty when called out b
NC I Fres'dent The act divides the coun
:! 'nto military districts, correspondent
'"n the Congressional districts, provide
W provost marShals and enrolling board:
Nv regulates the details of such drafts a
~s PRESIDENT shall order to be made fror
x NATIONAL forces so enrolled. The pay
-'n' OF $500 excuses any drafted person
4At " Is, in fact, a law providing for
lpulsory draft or conscription of sue
''1ca' as are unwilling or unable to pul
I4-N y exemption at the stipulated pric'
L = he hrst instance, in our history,
: ss.,'A''on forcing a great public burthe
: Nae POOR, Our State legislation, whic
- 1sIPts men who are not worth mo
!, u soOo from paying their own debt
u !, IN striking contrast with this Conscri,
,S ,.au Jaw, which devolves upon such m,
Il oar'hen which belong to the who
national forces," and to which "s
n; 'o"' ought willingly to contribute
~ - however. is an objection to the spil
~. 'ne enactment rather than to its co
''iutionality.
Nil. ias description of persons to be e
NJ 80 aole-bodied citizens, between TWEEN
4. So''y.hve years of age, is substantial
. description of the militia as defined
d. .nn'ylvania statutes and probably
"s'u'ss Of su the Stst.s The .