Democrat and sentinel. [volume] (Ebensburg, Pa.) 1853-1866, 1863-10-07
VOL. IO---NO. A.

only, for this register of the people is to occur
every two years, and without limitation.
Congress designed that the Government
should at all times be ready, whether for
foreign war. or any new complication OF
domestic difficulties. Wise statesmen always
anticipate such emergencies ard provide for
them. They have done so here, in trying to
reduce to precision the force or power upon
which they could rely to restore the rightful
authority of the Government.
The first eleven sections of this act are
wholly taken up with provisions relative to
the enrolment, and there is no penalty in
terposed for resisting the enrolling officer.
or emitting to respond to his enquiries if he
should choose to make them. Thus far the
Act treats the enrolment thing conl~
plee in itself. A draft may or may not be
made That is to happen when in the
| Judgment of the President the public safety.
may require it. By the twelfth section. he
/ is then authorized TO assign 90 to each dis
trict the number Of men to be furnished by
each district and " hcreupon" the enroll
ing Board shall under the direction Of the
President. make a draft This is the first
exhibition of the varlike power. Then
spring into activity the Provost Marshals.
other officers and their subordnates, who
are to draw or call out the people. in given
classes, who have been previously en-
rolled They are 70 answer the Presidents
demand, or upon failure, they become, for
the first time, subject to the Rules anc Ar
ticles of War, except where the Act directs
that they shall be turned over to The Civil
authorities for trial AS was well said upon
the argument. the enrolment left every
man where ne was, minding his own busi-
ness the Graft took TIE citizen from his
home, his parent, his wife, or his children
Hence, Congress might well consider the
enrolment able to take care of irself; while
: the draft should be guarded by severe PEN
}, altics.
Y Full directions given in the following
d sections, rs to the mode of conducting the
draft, until we arrive at the oath and 25th.
e which may be termed the penal clauses Of
r the Bill As this Indictment derives its
a validity from the latter, this brings US TO
r the consideration of the other reason as
is signed for arresting this judgement. which
ct is
ed q That the Indictment sets forth Hc
in crime for which the Defendant can be con
victed.
ch The point is we'll taken. The section de-
de clares g That if any person shall resist any
ch draft of men enrolled under this act into th'
service Of the United States, or shall counse
be or aid any person to resist any such draft
o. or shall assault or obstruct any officer a
~. making suck draft, or in the performance O
he any service in relation thereto; or shal
ia counsel any drafted man not 20 appear n
,er the place Of rendezvous, or wilfully dis
- suade them from the performance Of mil
IT, tary duty as required by law, such perso
shall be subject to summary arrest by tn
Provost Marshal. and shall be forthwith d.
, livered to the civil authorities, and upo
hor conviction thereof be punished by fine NJ
;, exceeding FIVE hundred dollars, or By in
prisoument not exceeding two years. 81 I
10th of said punishments.'
Ia" Il will be borne in mind that the Indie
" mcnt charges that the Defendant did :" e
A'''' sault'' the :" enrolling officer " and d
iie' ..hinder delay and obstruct him. in q
''e performance of his official dpties. But :
N"u section has no reference TO the enrollme
''eS' except IN the past tense, as a fact acco,
''" nlished, an act ccnsumated. The draft
u the subject matter treated of, and the DR.
i alone 1t is the draft of men already sc
'me rolled - under the provisions of the y
'''0 The clause . or in performance Of any s
All vice in relation thereto ~ CAL have for its
ior tecellent the draft and nothing else.
they ,.,,,- or9,,,o.;oo, :,
'i' struction, and that Is its fair legal interp
tation.
ding Congress having provided no penalty
ional obstrucing the enrolment. We must take
II 10 law as we find it. and not create an ofle
r.u hv interdment. II experience has sho
that the officers charged with this pu'
'H!ch function are not sufficiently protected,
and omission can be supplied at the next sessi
lilita and hofnre by the terms OF the ACT the
NJ session. and before by the terms Of the
the next biennial enrolment IS 70 I
same place. AS the law now stands, the opir
x the nr the Court is with the Defendant on
ner+v the pcints submitted, and the JUnGMEsT
;.,crr ARRESTED
/, The case was argued by Mr.. Carnat
i'o' Uuited States District Attorney. for
stance Government, aud by Mr.. Noon. MIR. M
char han. and Mr. Johnston, of Cambria Cou
I,;,- for ,be Defensa