Columbia Democrat and Bloomsburg general advertiser. [volume] (Bloomsburg, Pa.) 1850-1866, 1864-02-06
The Conscription Act.

Ine Conscrlption Act
Chief Justice WOODWARD, Of the Su.
preme Court Of Pennsylvania, in giving
bis opinion in regard to the reversal by q
majority Of the Court of its decision last
November that the Conscription law is
unconstitutional, held that the decree of
November is o just decision Of the Court,
to be respected by all citizens, including
the judges Of this Court. Upon this priu-
ciple he maintained that dissenting
judge could not upon the same state of
record and Of facts on which the majority
have granted an injunction, dissolve that
injunction, nor set the majority to review
ing their decision. He did not deny that
Judge at Nisi Prius might dissolve
special injunction upon putting in answer
to plaintiff bill, provided it be direct
and full denial of the equity aledged or
upon an affidavit disproying the plaintiff s
equities, bat when the record remains
precisely as the Court in bane left it, he
held that single judge at Nisi Prius has
no right or power to question the decree.
A motion 10 dissolve is not matter of
course. The general rule is that a mo.
tion to dissolve will only be entertained
after an answer or plea, or upon afidav.ts
inpeacbing the equity Of the bill. Why
should court having any pretensions to
stability be expected to render different
judgement on precisely the same state OF
record and Of facts in January from that
which they rendered in November preyi-
.ouslyi
It cannot be said that any great public
interest demands the entertainment. Of this
motion, for the defendants have not been
restrained from executing the Conscript
Law against the three plaintiffs even,
much less aginst any other citizens
What the public interest demands 10 de-
-oision Of the constitutions al question in the
Supreme Court of the United States--a
decision which the President publicly de-
clared he would facilitate--aud which our
ruling afforded the defendants an opportu.
nifty TO obtain. But instead OF shaping
the case for the Court, they have taken
the very course to keep it out Of that
Court, and the country is tortured with
doubt and fears about drafts, which de.
cision of The constitutional question by the
ultimate tribunal would relieve. Why
should not such decision be facilitated
is the result feared Suppose our Judge
ment should be affirmed and this Conscript
law, so uncongenial to the spirit of our
institutions, should be set aside, who does
not see that civil liberty would gain new
guarantee, whilst the Government, REMIT
ed to the true constitutional mode of rails.
ing armies by voluntary erlistments,
would strengthen itself in the affections of
the people, by exercising the war power
in manner more agreeable to then1
The Chief Justice discussed the other
two eustions in the case, and in SO doing
be reiterates the views expressed in his
opinion when the case was before the !
Court in November, is much strengthened
and confirmed by the last argument, and
were shaken by nothing that was sdvanc.
ed against them.
II seems evidens.hst the Administra.
sion fears decision Of the important legal
question in the Supreme Court Of the
United States, and has therefore avaled
itself of partisan majority on tho Su.
preme bench Of Pennsylvania to keep the
question out of the highest judicial tribu.
nal, until the political complexion of the
United States Supreme Court has .been-so
changed as to render it certain that the
President can control majority of the
Judges in favor of his revolutionary poll
10y. The Independence of the Judciar
is one Of the most important features Of
our constitutional form of government, but
! in the hands of the present rulers, our
courts Of justice are becoming the creatures
of the Executive rather than the authori-
alive exponents of constitutional law.
-.----S-s~
The editors of those intensely loyal and
genuine niger head papers, 'yclept, tho
"Dushore Union,' and Bloomsbury " Smut
Wachine," growl Justify, at q recentpro-
position in this journal, to raise su ubscrip-
tions for the support of the family of the
exiled VallandIgham. The condemnation
of that or any other measure, by these
abolition whelps, would strongly commend
II to public approval. And in regard to
our support of the war, whether 'rightfully