Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1863-12-04

lion. Still you have seen aud felt enough to
know how soon one will push away from him,
neglect and forget, the business and even ordi-
nary cares Of life, when he meets, at every cor
ner, in every home circle, and in every mart,
the earnest anxieties and enquiries Of every pa
friot as to the safety Of our national being; and
when we shall have final victory snd rest
History is now rapidly written Every day
illumines its pages with the stern loyalty Of some
or stains it with the base intamy Of others
The unknown Of yesterday are famous to-day,
their names ami deeds will shine in fame proud
temple ull time shall be no more. The honored
Of yesterday. are Infamous to-day, and their
names will 90 down to everlasting shame and
contempt ' Beneath the cloud and through a
crimson sea has been the way Of our nation ior
nearly three years. l thank God, that believe
that see the dawn Of a better day. / DO not
write however to philosophize about the past
or prophecy of the future
The coascripi,oH iair has iaf,iy bsc4 srclared
unconstitutional By a majority Of lic Jaages Of
our PeHasy!raHia SuUreu,e Count thought
it might he useful to let your readers know how
the opinion was obtained, and what il is worth.
That Court Is composed Of five Judges. one
elected every three years for term Of dfteen.-
As each retires he becomes the Chief Justice for
| his last three years Woodward. Lowrie, and
/ Strong. were elected by the Democracy, before
the development Of treason brought out into the
sunlight the patriot, or copperheli democracy
was known a. the n,tesuake's mate. Reed
was elected with Governor Cgrtin three years
ayo by the Peoples party The Democracy Of
Pennsylvania have been lei by their leaders ior
many years toward the South; it bacame final
4 ly n pru-sl1yery party that wrote niger"
talked "aigyer'' and Of course voted Sc niger. %
and cultivated and encouraged hatred to the
black man. When slavery culm.natel In open
rebellion, it Nas likely to rob this Northern de
uocracy Of its votes at home and If course Of its
votes in Congress. and they, Of course, think
/ ing that the shareholders aud traitors OF the
4 south would come hack 20 them and make the
50 Caioa ns IL rqe'' so soon as THAR f1eaa',
! the democracy Of the North, got into power, have
steadily and devoutly clung to this doomed in-
stitutioa. Woodward himself had -ignifeI that
he considered It Of Sc Divine origin" TbslclI-
+ srs or ris Peaasylraaia Democracy t-ere OPP
p1se3 10 me- H-fr FOR hc Talon, and al Ite
mans riict fur'hered a,-thcugh they de-
,,...l g., ---.L ,b..r ,l,,.-,.o.
Woodward, one Of the Judges of the supreme
/ Court, was the candidate Of this party for Gog-
! ernor this fall. Lowrie. another Of the Jud-e>
of thi, Court was the candidate oil the -auie par
ty for reelection as Judge Of the same Court
The friends of the Government classel these
men with vallaniigham, seymour, and the
Wood.'-charge,l that they werc Peace demo
Gratis cogpcrhsass. opposed 20 the War Their
orators. writers and takers denied this stoutly.
In the mean time the war and the draft went on.
and assaults on enrolling oficers, burning
houses, killing now and then an officer who at
tempted 10 arrest a deserter, ending the riots
Of New York, taught the people what was the
spirit Of this gospel Of Peace, delivered by the
apostles Of this new Democracy But these
leader, we're determined TO have some new l1ir,
q. they had new gospel; and heg 'sf about 70
make a..
Three men. who had been drafted, were to be
the actors These leaders prepared a Bill in
equity for them and applied to the Supreme
Court fer an injunction TO restrain the Gov
ernmcnt from sending them into military
service asking at the same time that
a preliminary injunction be granted 10 restrain
further action in the premises, until the cause
WAS adiudged-otherwise with the iatc's delay.
they might be sent by the Government to the
field and killed might be ia Dixie ora hotter
country before the decision was rendered 1t
was on this motion fora preliminary injunction
that the Court rendered the decision lately made
public
l 1t ts Of little worth what they decide. or what
reasons they give, as you will learn in the sequel
Nevertheless will give you the points Of the de-
/ eision. You must bear in mind. that the Co
! verrment was not heard on the motion. II was
au exparte hearing
The opinion Of the Court, written by LoWrie,
the Chief Justice admits that the constitution
authorizes Congress to " raise and support ar
mes .' but a. this mode (by conscuption) IS
not mentioned, it is unconstitutional, for what is
not definitely given in the constitution l. reserved
to the States and the people themselves. Again as
the constitution authorizes the calling out Of the
militia Of the several States in its orgaAi.ed
form. i, defines a node of raising armies aud a
granted mode excludes the use Of an ungrantel
mode The conscripton law may take all State
officers, and thus disorgsnize State-it brings
every body into this nets national force, and de-
graaes all our State Generals, Colonel>, Majors,
&c, into common soldiers, and thus states, and
all their rights are destroyed-therefore the law
is unconstitutional Each Of the three judges
wrote separate opinion II 'oas 'osil ordered
that they did so. Thspeopie kuo,c them nOlc.
Lowrie, Woodward and Thompson have proven
that which was so persistently denied before the
eleetion-ttaf they opposed 10 the uar and 10
GHeforts fhe GorerameHt 10 prosecute u.
Strong, Democrat who loves his country
more than his party, and has brains enough to
see what his party have been for years tending
to, writes the minority or dissenting opinion,
and in few clear, practical words shows that
the National Government is a thing of ITSELF not
dependent for It's life upon the whms Of the Sc
veral Governors of the several States aud thai
when the Constitution gave the power to Con-
gress to " raise armies the grant of the pow
: er gave also with it the unrestrained exercise o
. any and every mode or means that the exi
j gencies Of the times demanded or suggested Il
produce the result.
On the first Monday of December 1868, Low
rie ceases 10 beG judge. His place Is filled b
: Agnew The Court will then be composed q