Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1864-01-07
Charae Of JudEe yELIlson.

tiOnality Of the CensoriptOn Act, and the
examination Of come legal questions which
arise under It. Upon the question of its
oonstitutionality the charge is very full eI-
plicit and decided, and displays much legal
research. He FIRST states the objection made
to the Law, fairly and fully, viz: that d" the
pOvsr Of compelling militia and other cii
zsns by direct and forclble draft of the
National Government, to ssrYs in the army,
is power not delegated to Congress by the
Constitution; and thatthe exercise Of it would
be not less dangerous to their liberties than
hostile to the sovereignty Of the States"
The objectors claim that the power Of Sc
Letting and raising the men belongs to the
several States,-thst Congress can only as
sign quotas and the President make requisi-
tions for them. In answering this position
the clauses Of the Constitution granting
the power to Congress "to provide for oall-
ing out the militia . to provide for organ
king, arming and disoipIlning the militia"
and to "raiss and support armiss," ara
citod. The history of afsirs under the old
Confederaey, aud Of the formation Of the
Constitution, is touched upon, and the fact
that the Constitution was ordained and es-
Iished by the people, and that its authority,
and the laws made in pursusnce thereof,
act directly upon TIE people. is made prominent.
From these facts the following conclusions
are dawn;
=, l. - g. l. TrTk ed
\ States being vested solely IN Congress, 1t
must necessarily erisi urithout Limitation; be-
cause It is impossible to define tho extent and
variety of the national exigenoiss, and the
correspondent extent and variety Of the
means which may be necessary to satisfy
them
"The result from slI this is, that the Q. s..
| Government is invested with full power to
levy troops and to raise the means (Or reve-
nuss) which are required fJT the formation
| and support of an army, in the ordinary modes
praoticed BY other governments and there
| can be no Limitation Of that authority which
Is to provide for the dsfence and protection
of the national existence, In any manner es-
/ sentisI to its efficacy that is, in any man
ner essential to the JorBIaIirn, direction or saP
port n fl1s national forces" l. Fedsralist, page
| $780,"
Upon the question as to whether the Gov
errors or rCommanders-in-C Chief Of the militia
Of the several States have right to
determine whether the sxigsncy makes
It necessary to call forth the militia, the
decision of the Supreme Court of the
State of Massachusetts,, giving thsm this
right, is quoted, but refuted by citation from
the rulings of the Supreme Court of the
United States, delivered by Justice Story, in
the case of Martin rs. Mott. This subject is
concluded as follows:
owe, therefore, give you in charge the act
of Congress In question, as . law authorised
By the Constitution, and one that you are
sworn to recognize and sustain in your ofh-
oial action"
The question arising under the 25th Sec
ton of the Act, making it punishable Of
fenss to obstruct or cause obstruction to any
officer making the draft, or in the perform
auce of any service In relation thereto, the
question is considered whether = persen as
ssultinR or Obstructing the enrolling officer,
in the discharge Of his official duties, is an
offender within the meaning of this law.
This question is discussed and the follow
ing opinion expressed:
owe are Of the opinion that the enrolling
officer, while dlschRrging his official duties,
iS in the performance Of q service which
relates 10 the draft aud ~, shss s1s~s~d,
he Ia assaulted or obstructed In the perform
anee Of that service, the person or persons
so offending are liable to the penalties Of the
law"
The 24th Section of the Act, which fixes
the penalties for enticing soldiers to desert, is
also considered aud, an opinion given that
this section will cover that large class of
cases in which the violAtOr of the law goes to
q soldier who has been mustered into the
military service, and who has, perhaps, re-
csivsd liberal bsunties for enlisting, and per-
suades him to leave his regiment, to go into
another State and take the place Of some
one who has been drafted. This construc-
ton Of the law will enable our Grand Jury
to reach large number of these merceuary
scoundrels, whose trsitorous operations have,
as tho Judge we'll remarks, done more in
jury to our military service than could be
accomplished by an equal number Of traitors
in open and armed rebellion"
The charge refers briefly to & new order of
cases which may arise uH3 3sr tbe internal
Revenue Law, and concludes with few
general remarks on the duties Of the Grand
Jury.
CLEVELAND AED PITTsBURGH RAILROAD.
The stockholders of the Cleveland and
Pittsburgh Railroad held their annual meet
ing yesterday, at the Offices of the Company,
In Bank street. The following gentlemen
were elected Directors: