The mountain Democrat., 1863-06-13

| WHO nave Deen WTOnSeu. see new orr
demurs. Out of this is 10 be coniured
great pecuniary interest welded by III,
Secretary Of the Treasury, which, in com
binatiOn with the vast power Of the credi
tor class, is to aid in crushing out any
interference on the part Of refractory
States. The holders of the Federal funded
debt will not acquiesce in the higher
prices of State securities and railroad
bonds; and we shall soon have Fedora
legislation directed at them on precisely
tue same principle and with the same au
thority as the late Congress legislateC
against private loans and contracts abou
gold and paper, with which they have ne
mo1e sight ~ meddIe than they have with
contracts for flour. or beef, or bacon.
In this connection, don't speak oI
what is called the Indemnity Bill-hide
ouS as | consider it-creating Mr.. Lin
coin a dictator and autocrat as absolute
as our Imperial friend, the Car, who i,
now with bloody hand, crushing dowr
a rebellion in Poland; or, if 10 speak ot
it, it is in relation to one feature only
Let me illustrate what Federal Legislation
is endravoring to do. Heretofore, if any
Federal official, high or low, Marshal, Sol.
dier, Tide-Waiter or Secretary acted in
violation Of State law, transcendcd his
authority, or had none, he was amcnable,
like any other citizen, in the State Courts
don't pause to inquire if such suits,
hereafter brought, might or might not,
by adequate statutory provision, be re.
moved thence. think they had better
not be. But such prospective action
does not seem to please Congress. 1t is
to he retroactive. Its statute provides, if
! understand it, that even after trial, and
verdict and Judgment, such cases may be
removed bodily into the Federal Court
and tried over again, and then the mere
color of authority is to be proved under
the general issue, and to be n complete
defence. A Deputy Marshal, or Pro-
voSt Marshal, under some inadequate or
pretended authority, arrests and drags
away 4 citizen Of New Jersey for instance.
That citizen sues him, or prosccutes him,
as he has right to do if in New Jersey,
before Chief Justice Green, or any other
! State Judge, and RECEIVERS u verdict, or
convictS the Marshal according to State
law; the defendant has right, under
this new act Of Congress, to remove his
case after his trial, aud have it tried over
again before his Honor, Judge Ficld-a
gentleman just appointed to office after a
short apprenticeship of ecstatic loyalty to
Mr.. Lincoln. My friend, G. W. Blddle,
and | tired case the other dav of this
kind, before the Chief Justie OF Pcnnsyl-
vania and jury Of mixed politics. AZ.
ter 4 fair, temperate trial, we got a ver-
dict and judgment. If l fairly construc
this act of Congress, there is nothing to
prevent Mr. Milward, the Marshal, from
having his case tried over again in the
Federal Court. and no doubt ,(unless
Judge Cadwaldcr's antcccdcnts may de-
ter HIM he will. Now, this, | cali gross
violation Of State rights Of the authority
Of the local judiciary, which, if assented
to, rcvolutionizcs the Government. 1t is
not jot better than it would have been
for the State Of New Jersey to have or
dered a new trial in its Courts of Jacka-
low, the Chinaman, after he had been
tried in the Federal Court. The Con-
scription tells its oxn story. 1t is the
most complete engine of consolidation
yet devised-if, in no other respect than
this, that the Conscript once mustered III
is Federal soldier, like any other. lie
is to abjure his State, and the soldier
from Philadelphia, or Bucks, or Brrks, or
Montgomery, is liable to be enrolled in
the unconseHial array Of u Mas>achu-
setts, or, it may be, Of a negro regiment.
There are to be no more Pennsylvania or
New JeSSey regiments. There is to be Il
National Guard for US; new combna-
ton Of words, where 10 such nonsense as
love for ones State is to be tolerated.
As the law once stood, man had right
to choose his company, Il mean to play
upon words,) and, il he pleased, could en-
roll himself among his neighbors or
among strangers but now my impress
sion is, for, like Mr.. Van Burcn, speak
diffidently, the individual man is plunged
into the huge array of nationali>In; he is
to BE- marched far away, and won't have
the consolation, if he falls wounded on
some distant field, to have his brow wiped
or his thirst slaked by the hand of one
whom he has known from childhood, and
who can carry dying message to his old
mother or to his young lie at home.
should not deal candilly with you in
referring to this last matter, if | did not
recall what every student OF our history
knows--and what Mr.. IngerSoll referred
to the other night-tnat this experiment
to raise armies 10y Fcdclal CONSUMPTION,
unlike its legal tender device, has IA pre-.
cedeat-Mr. Monrocs plan OF 1914; but
beg you, when this is quoted, to re.
member that that plan made the enroll
ment through the agency of county Olfi-
cerS-that its conS.itutionalty was de-
MED on the floor Of CongresS--that it was
resisted to the bitter end by united New
England-now so anxious to force us
Pennsylvanians and Jcrseymen into the
ranks and was prevented from going
into force, or even from being enacted,
by the uncOnquerable repugnance of the
Representative body, and by what it is
treason now to pray iOr-the blessed re-
turn for Peace. 1t was then said--and,
like everything else he said, well said
by Mr.. Webster, that the power to raise
armies gave no more power to borrow
money,to authorize a forced loan. Then,
it was the doctrine for Massachusetts,
that "the natural allegiance of the peo-
pie is due to the State sovereignties, 4"
and that there is no allegiance to the Fed
eral government but such as We had con-
sented and expressly promised to give.
Mr.. Van Buren. in his speech, some
time ago, at the Cooper Institute, pre-
tended be had found another precedent
in the Act Of Congress Of 1889, giving his
father certain powers to resist certain
invasion Of Maine, by Sir John Harvey.
Really, such a citation implies remark
able amount Of, won't say, efFrontery-
for that is hardly word applicable to