Union County star and Lewisburg chronicle. [volume] (Lewisburg, Pa.) 1859-1864, 1863-11-20
Pennsylvania Judges and the Draft.

Pennsylvania Judges and tbe Draft.
Three Of the 6se Judges Of the Supreme
Court Of Peunsy lssbia, have deeioed the
COpscription Ac.' unconstitutional
Oae Of the three is Lowrie, whom the
people, a, the recent e!eerioo, on 40
appeal 10 them for leave 10 occupy bis seat
during another term, repudistei BY .
large maj riiy. Another is WVDfieaTd,
whose s.pira ions TO the Guberna,orial
chair have been stuffed ugjer . mountain
Of popular reprots.iou. As they bad 20
jurisdiction Of he css--ii having arisen
under Federal and no, . State law
'beir written opinions, filing many col
umus Of the rhilsdelphia journals. may
! be treated as the mere political pronun
cismienrO, of defeated demsgogue-, the
harmless his.es Of condemned Copper
heads.
| The leading opinion is BY I.o~rie. He
seems to haze done bis best to convince
the few leading Republicans, mostly law
yers, who bestowed their votes upon him,
that, 10 coLfling 10 him as . patriotic
juris, and = loyal citizen, they bad mis-
taken their msu His opinion rests main
( ly on the assertion tbs, the &c, 10 question
I is an attempt to abolish the militia system
of the States, by employing the powers,
vested 10 Congress to "raise and support
armies" in = mode no: warranted By tho
/ Constitution. Nis practically plea for
: that species Of" Rights" tbs, plotted
resistance to Federal authority 10 New
England during the war Of lsl2-l5, ths,
passed the Nuilif,iug Ordinance Of South
Carolina in 1852, aud fusliy eliminated
10 Secession and Rebellion through oil
the SIsveholding States 10 1861.
| Powers are clearly conferred, BY the
Constitution, upon the General Govern
meut First, to raise aud support armies /;
Second, to provide for calling forth,
/ organizing, armiug, discipliuiug aud gov
erning the militia, in order to execute the
laws of the Union and suppress insurrec-
iions. Running parallel with these, is
the authority to make oil laws that may
be necessary for carrying into execution
these two powers. Now, whoever hss
read the recent act of Congress, will see
that i, is based upon both Of these grants
of power, drawing its vitality partly from
the su,hori,y to organize, arm and govern
the milsa-the end aimed At being to
execute the laws Of the Union and suppress
the pending insurrectIon.
But, if the Constitution hsd not, in
express terms, conferred this authority
upon the General Government, it would
still adhere in the essential elements Of
its existence. For, if the Federal Union,
when asssilsd BY such Rebellion IS that
which nov strikes At i,s life, had not the
power, without express authority in writ
ing from its founders, to arm its citizens
to suppress it, then would it be more pit.
liable than the taverner who dared not
hand over to the police a drunken lodgsr
who made night hideous With bis hovlings.
1t will be noted that the decision Of
these Judges is not aimed specially At the
details of the Act, but declares 10 sub-
stance that any similar lau for enrolling
and calling out the national forces for
crushing the Rebellion would b uucon.
stitutioDal. From the foundation of the
Government downward, laws have always
been found on the statute books bsesd on
precisely the same principle ss this So
called "Conssrip,ion Act"-shat is to say,
laws for enrolling the national forces, and
compelling men to do military duty aud
90 to the battlefield when called, or suffer
the consequences in the shape Of fus and
imprisonment During the sst var with
England, James Monroe, then Secretary
of War, acting under the sanction of
President Madison, (who moro than any
one man Was tho author of the Constita. |
tior) framed and presented to Congress
for its adoption an act having oil the fss.
lures Of the present law in respect to sh.
the drawing of names, and
The like. This act was supported BY oil
'bs Democrats Of that day, its chief cham.
2ion 10 the Senate, being Giles of Virginia,
md in the House, Calhoun of South
carolios. 1t under.ent . thorough dis
'ussion, passed each branch Of Congress
y large msjOri'y, bu. failed to BE- ep.e-
ed because Of differences between ths two
Houses respecting amendments, and more
specially because the near approach of
esee rendered it unnecessary to pass the
i'll to consummstion. I
The opinion Of Judge Woodward 10
ven . worse partisan haraugue, and svin.
- more settled hostility to the filing
? Of our srmies, than that Of Judge
'o"rie. 1t is the production Of . deus- ,
ogus, whose head is among the mount ,
'ns OF Pennsylsanis, but whose gangreped