The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1863-11-27
Judicial Decision.

Three out of the Ave Judges OF the supreme
Court OF Pa, among whom is Woodward inc
defeated coppcrhcsd candidate Tor GOVERNOR
have decided tho "Conscription" Act unconsti-
,u,;onal. This illustrates the Importance OF
the Union victory in that State. However, no
trouble need be expected from this decision, in
n, much as the executive power Of the State
government is in the hands Of loyal men. who
believe that the power conferred upon Congress
10 raise and support armies means what 1t says.
That clause in the Constitution cannot mean
that Congress shall only raise its army outside
OF the limits Of the United States, and II not,
the men composing that army must come from
the States; for il would be hard work to re-
cruit very large army in the District OF Co
lumbia and the Territories, alone. II from the
States, they will form part of the militia oil
those States, and therefore that would be I'M
constitutional in the view of Judge Wood
ward. The Government Of this nation rests
upon more stable foundation than IN nope
ratiye piece of written authority to be construed
by coppcrheads only in favor Of those who
would destroy 1t. Tho cords which bind the
union Of these States are not ropes Of sand, as
many rebel and moro intense copperhcad than
Judge Woodward, has already found out to his
sorrow. We hold to that old maxim In law
that when man Is on trial for his life, all
doubtful evidence shall be construed in his IA
vor. For the last three years the nation has
been that man, and where there is any doubts
about the authority Of the Government "to sup
press insurrection or repei INVASION" that
doubt must be given in favor of that authority.
But happily upon the very question in refer
cnce to which Judge Woodward has based his
decision there is no doubt. An invasion cannot
be rcpelled without an army; sn instruction
can only be suppressed with that force which
primarily resides with the States, and that force
Is inert for the purpose Of national defence I'M
ill called out by the Government; and the laws
Of the Union can only be executed, rs in the
present war. by militia Of the several States
called out. organized and disciplined according
to laws Of Congress. for which direct and ex-
press provision is made in the Constitution
Judge Woodward has no more authority, while
admitting the provision referred to, for saying
that the process Of raising armies must relate
only to voluntary enlistments. than we have for
iuferring that Congress can only raise armies
by draft. His reasoning will prove too much;
for IL only voluntary enlistments are to be re-
sorted to. we may reasonably suppose that
time will come, IL IL has not come already,
when that system will utterly fail "to execute
the laws Of the Union. suppress Instruction
or repel INVASION" and when that time arrives
of course the Government is a nullity-a con-
struction which interprets the overthrow OF
national authority, and Is therefore not sound.
II is insisted that II Congress can raise armies
in a compulsory manner, it MY arbitrarily
take private property to support those armies.
This conclusion Of the Judge is in no way logi
cal or reasonable. Military services can be
commanded only in legal way. and by lawful
means The Constitution docs not prohibit the
first item. while il does prohibit the second
hence his conclusion is erratic as well as unjust.
He has failed 10 show that enrolment and draft
arc illegal, but any school-boy can show that
forced contributions Of property without due
compensation. arc illegal. The acknowledged
compensation for personal military service is
food, clothing, and q country to serve, and
this compensation is as well settled as the right
Of comment domain"
Want of space iorbids our reviewing this sub
jcct farther, and here wc stop. Judge Agnew.
the Union candidate elect. soon takes the place
of one of the three negative Judges, which fact
renders this judicial decision imperative.