North Branch democrat. [volume] (Tunkhannock, Pa.) 1854-1867, 1863-12-02
Cnconstitutionality of the Conscrip-
tion Act.
JUSTICE VOODWARD'S OPINION.

JUSTICE VOODWARD'S OPINION.
WOODWARD, Jon The Sd day Of March,
Is g, the Congress of the United States pass.
ed an act for enrolling an calling our the
which is commonly called The Con>crip,I"n
Law. The plaintiff, who ere Citizens of
Pennsylvania, have set forth the act fully in
their bills, ard they complain that they have
been drafted INTO tie military service of the
Government in pursuance of said enactment
but that the same is unconstitutional and
void, and that the defendants, who are en-
gagged in executing the act, have violated the
rights and are about To invade the personal
liberty of the plaintiffs, and thereupon they
invoke the equitable nterpositon Of this
Court to enJon the defendants against far
ther execution Of the said act
For the jurisdiction of this Court to sci
aside an act of Congress as unconstitutional,
and TO grant the relief prayed for, refe. my
self to the views of the Chief Justice in the
opinion he has just delivered in these cases,
and | come at oI.ee to the constitutional
question. ....... .....
The act begins with preamble which re-
cites the existing ins direction and rebel on
against the authority "f the United Sla.e
the duty. of the Government 10 suppress in
surrecli"n and rebellion To guarantee to each
State a republican arm Of government, and
to preserve the public tranquility, and dc
cIareN that for these high purposes military
force is Indispensable, 'tp raise and supp'r
which all persons ought willingly 10 conrrr-
buIc, aud that no service Is more prli>ewur
thy AMI honorable than the maintenance of the
Consultation aud the UnlGu; and tucn gre>
ON to provide tor the enrolling Of all able b.rI
led male citizens OF the United States, aud
citizens If foreign birth, VITO have declared
their Intention To became ctlzers, be ween
the ages of twenty one and forty five Years,
aud these able bpdied citizens and fpreiruer>
with certain exceptions allerward enumera,
cd, are declared THE NATIONAL FORCES and
made liable to perform military dnty when
called ont by the President. The act divides
the country into military districts, cores
pondng with the congressional districts, pro-
vides for provost marsballs aud enrolling
boards, and regulates the details If such
drafts as the President shall order 10 be
made from the national forces - enrolled -
The payment of $500 excuS..s any Ora I'D
person, ST. that u Is, III ettec., law PROVE
ing for a compulsory draft or con. cr.uii II ,,t
such citizens as ale unWlli' & 81 unabe tr
purchase Exemption al The stipuia ed price
1t is the first instance, in history, Of lrgi>la.
ton forcing a great public burthen on The
poor. OuI State legislation, which exempts
men who are not worth more than $500 from
paying their own debts, is III striking COZ
trast with this Con>cription law, which de
wolves upon such men the burthen which be
longs TO the whole national rcts,' and To
which, all persons ought willingly To contri
butte This however is an objection TO the
spirit Of The enactment rather than to It's con
stitutionality.
The DESCRIPTION of persons to be enrolled,
able bodied citizens between TWEEN y-onc AMI
forty five years Of age, is substantially the de !
scription rf the militia as defined in our Penn
syvana statutes and probab, in the sra'-
utes Of all States The national forces. then.
meaning the militia nf the States, clrtainh
include the militia Of Pennsylvania. Til
expression, national f,rc's' j. modern Ian
guagc when So applied It is NOT fnn.I in
our Constitution, either State or Federal, and
if used in commentaries on the ConStitu ton
and in history, II will generally be found ap
piled to our land and naval forces, in actual
service-to what may be called our standing
army. 1t is total misnomer when applied
tc the militia, fer the militia is State insti
tuition. The General Government has no mi
litia. The State militia, always highly es
teemed as one of the buwarks of our Iiber
ties, are recognized in the Federal Consttu-
ton, and 1t is not in :he power of Congress
TO obliteratc them or to merge them in ma
tional forces -.-.
Un'ess there is more magic in name than
has ever been supposed, this cnnscript Law
was intended to act upon the State MALTA,
and our question is, therefore, whether Con
gress has power to impress or draft the mill
tia Of the State. cannot perceive what oh
lection can be taken to this statement Of the
question, for surely it will not be argued that
calling the militia national forces, makes them
Gol7ething else than the militia IF Congress
did not mean to draft the mi litia under this
Law, where did they EXPECT to find the ia,
tional forces 'All able bodied white male
citizens between the ages of twenty one and
forty-fvr years, residing in this State, and
not exempted by the laws of the United
States with certain specified exceptions, con-
stitute our State militia. Will it be said
that the conscript law was not intended to
operate on these think il will not. Then
If IL doas toueb opd vvas frapad and dns;onad