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fi II lit i. fAW . jVU
NO KOUTir, KO SOUTH', Litli THE COrtSTiTlTI", IlCf ASACRED flAIXTCNARCE OP THAT INTHUMEST AUD TUB UNION.
M'AIITHUR, VINTON COulIlT, OHIO, DECEMBER; 9,. 1863.
TOP 1 : Hi J 1
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ATTORNEY AT LAW,
13. A' lira Hon,
Mnnvtv AT t. JV, lloAfltinr. 0 ' I
prijtionin Vlutoa ul dieiulnzoonn
" II 0 T K L a . .
IVM OTlTCOTJ Vrnnriatar. Third
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CHARLES ' HIGEINS.
Thii House Ironic on the Siram Boat
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Wonld reptcifully auDonnca to tba citiieni
af Mo Arthur andT Vluton County, that ho ha
IituraeJ, and will paoti afow wouka in Mc
Artbar. And that ha i prepared to perform
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nd tnut lie will ba bappv to wuit on any ol
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MERIETTA AND CINCINNATI
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ASBITR. 1 ARRIVE -
JOHN DUXAXP, SapV
TO EE EXCELLE0
ate. wo oS wefiw o Vy, XcvxViVvc
cvvtc o, 'VW wCvcv
JU ft Wvf o," ox a a
6$ AYc ctx 8oxvW t
kvvvcv axv atVvcXc oj
atv a toLQ-t vt, art
Fever and jlgue,
Vat xvcAvtTi. ,
VucVv wvoXte. -
a; Voot maw xwxvm
ate. Vi VvtV ma 6oac
Itvvotale. ve. ucat aw
atWe. aa v.aticvoA
aw& wva:fc "Lve. ftwoa)t,
dte.Vve. SoXitW ?v.cxv,Vv
(Ptese itter oris put up ift quart
lottl, 0 uihioh tht above it a fac-tim-iU.
JTte label it finely tngravtd, and
it providti with a taft-guri from
tounttrftittri. (Print $1 ptr lotilt, -V
C. W. Jfobaefc, (Proprietor, Jfo. 6
Eat Fourth Bt , Cincinnati, to whm
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FOR SALE BY
S. V. D ig-. Mu.rih ; Cowderv Si
Strong, Hmident C. J 4J ton. NfPly
mouth; Wilt & Qj.. Zale -m; John Hi l'and
Swan; M P. &C O.rr. Wilksville. and by
Oruggitts and Merchants generally through
dr.1 the United States and Cenudas.
October 29th. 1863,lyr.
on 1 T
S-P ALL KlJtDS.
Alio, RK-lionsc ncL;i,
Letter Preticsj See.
FAIBBAKSS, GECZHIKAF CO.
1T3 lake Street, Chicago. &A In CiaoinuU
bv TBA.BE8 AtTBS7.
EtT Be ea AeouIoSSy l a - -Jasaaryl,
Ik 7 Mi
MERIETTA AND CINCINNATI RAILROAD. VERSES
COMPOSED ON THE 53D CHAPTER OF ISAIAH
[SELECTED BY WM. H. BULL.]
Who ha a our rfport belirvwl t
Shilub come fa not rtceivd,
Not received br hi own ;
Promia'd branch from ruot of Jetse,
Da vkl 'a offtprlnu acnt lo bleu m. '
v Comri too lowly to be kaown.
- Tell me, Q joo for'd nation ! ' '
What U voUi fund txpeciatrouW .
Soul f.ir-pieading lofty tree 1
.Let not ttOcldly iiride coufuuwt )our -'Monjf
the lowly plum around you,' .
Mailt the lowrat-tbat iebet
Like a tender plant that' growing.
Where no wateri frienlly flowing. .
No kind tain rvfreab the jronnd
DioopinKi dying, ou tliall iiew liiin,
S-' Do chdruit to urv you tu bim.
Thtre no beauty will be fuund.
Lo 1 Meiah, unreijiecteJ t
Matt of griefs, despia'd, rejected !
Vviunda his foim dlsfiurlnj -Marr'd
hie visuj;e more than any,
For lie beate il.e siua of munr
All our aurruua carryi'ng.
No doceit liia mouth bad ipoken,
liiao;,eleaa, lie no law had broken,
Yet wti number d with the worst.
Fur bci au?e the L:d would itileve l.iin,
You that saw it din believe him -k
For bii own offeutti cait'J.
But while liirri yuur thoughts accused,
He f r ur ttViut wai bruised,
Yes, fur us the victim bled ;
Y h his stripes our wounds ate eured.
By his pains our peace sccurouY
Purclaa'd " itH the blixnl he shed.
THE CONSCRIPTION ACT.
The Supreme Court of Pennsylvania
Decides the Conscription Act
On Moti.lay, the Suprerbo Coart,
sitting ut I'ltteburi;, tandcreJ a dtcis
ion iu thu mutter of tliy opplicution of
tiirca clMltuci lrtcnt bclngiu to rial
adblphia, wiiO filed Bill iu Equity
totcat'tlio coDstitnlioualit of tlie
CunBcription act. Tho . ftiarlicutiona
wi-ro M. iiijtinctious to restrain J lie
9ovtrnine:it offiara from suudirjg tlie
cotiiplnliiBnU iirto tli indiliirv eoTtx;
The Court decides tho act at Con
gives unconstitutional, tnd prants
rcliuiiuy injunctions in enclt case. ,
lintcilcr va Lano and otlura.
Smith vs Lano and utliutB. Ni:lio!us
vs Lflnnun and oihuis.
OnsioN o Lowuik. C. J.TIicse
aro tlirco bills in equity wherein tlie
iluiotitfj cluim rclU-t against tho do
londunts who, acting tinder tho act
of Congress of thu 3 1 ol March last,
well known as tho Conscription A';t,
claim t coercu tho pkiintilli to enter
ti.e Army of tho Uiiitod Stafce aa draf
tod soldiurs. Thu cluim ot tho plain
tiffa is founded on tho oljVction dial
tho act is unconstitutional. The
(jik'Btiuii ia miacd by a motion for a
pioliminary injunction, and miuht
tuivo been IiuiiiU by u t-inlo j i ''u.
But at tho rcquoct ol" o tr brother
Woodward, w!:o allowed t'jo motion,
and iai account ol tl.e reat import
unco of tlio qncbtiou, wo all aroud
to st tootli-r ni tlio ariuiimit. But
wo oro vuiy Bony that wu aro Itl't to
conaidef tho tnhjuct without tho aid
of nil argument on behalf of the Gov
ernment, by tho proper legal olUjera
ol the Government having deomed it
their duty not fo ttpjieflr.
For waul of thisasa etanco Icannol
feel buch mii tntiro Conviction' of the
truth of my Conclusion ii8 I would
other ft'iau have, for I ciiuuut Ut anro
that 1 huvu not of6i looked BolllU
rounda of argument that aro of do
uieivo importance. But tiio decision
now to bo tnado u only preliiuinur;
ionic umti noArin, piKiiiiato lju
heped the viewa oi the law oflioers of
the Gofuinmeut will m.t th..n i,
We have, however, n mnch greater
d;rltculty in tlie deciaiou of this ques
tion, ami one that ia quite inevitable.
It ia loundud on the fact tliu't the
qmstioti haa become a ques ion of
politics, ana thu reat paities ot the
coun;ry hate divi ded tioon it. I'eo
ulo have not awuitOd the decision of
ihucouitaou tho sulj.ct, and could !
not ue expected to tlo bo ; out have
studied and decided it : lor themselves,
or have rallied', irr oip(in ranks, iu
support ol leaders who profess to have
niuiud it or have done so. Unr own
hibtory shows that our courts have no
moral aut!i..rity adequate to bring j
sih-i. rliv.aiona into ni.fv Ti, . anrt'td-v
ofuuthority requires a mnch larger,'0.
dbgreoof mutual confidence between
i. i hi a 1
tho rnnrta nmi ll.n iuiili limn in nan
l id our exptrioncj. especially in
of popular excitement.
All mea believe thcinselvos irnpar'-
tutl in tho decision even of party I
flUl atinns. ur.il tl.arnfrtrH it ia im.l
. . ' " i r .7
possible for' tbom to abandon tboir
dccUioni on tWuiera aotbrityof any
0 have repeat-
cal ed the attention ot Cotiifress
abjvet, aud jet it has never
lH-,,u,u1iUV ,w wm
times "ieuced. aud yet 1 do not kuow that
lt c"7 . , ,
-ouibt tuoreroro, tin act wai
PB-'d tw. provide moans for suppross-
one, unless when they teol that au
thority to be titial. l'nrtiality in such
r;atter ee'dom proceeds Irom auy
d;hnneet pnrKHC,and generally arises
from fifing undfto prortrfnehct to some
ptnpoae or idea t'tat is. in itself, quite
proper, and, of cotirac, thu in naualiy
dune unite unconsciously. In timea
of excitement it ii quite impoasihloto
iVoid this, and lie nee iu such times
: iodarato views are veiy sure to be
udemnod, and even Covernnicnt
itself, in all its Departments, is sure
t be driven into me as tt.es which, in
tlib course of a few years fate con
demnctl and imss away. With a sort
of tnoral popularity, tho extremes of
social excitement biet-d each other,
ai:d moderation lallt, for it while,
powerless between them ; and usually
it is only by povero trials that this
Cndit'on of Society is remembered,
and then it i discovered what were
the purposes and ideas to which undue
prominence had beiii given, to the
disturbance of tho order and harmony
ef tho States.
On this question wo ouht to bo
able to avoid this vico, which is so
common in all moral and political
reason thfj; lot our appeal is to the
Constitution, h written standard, ado
pted by us all, sworn to by ninny of
us, and obligatory on all who exercise
the rights of citizenehip under it, un
til they can satire its alteration In a
regular and peaceable way. By that
standard olona can wo try tbia act.
Uit authorized by the Federal Con
.That Constitution, adopting our
historical experience, recognises two
sorts of militaiy land forces tlie
militia arid thu army .sometimes called
the regular, and aonMiuiea tlie Atand
ifig army--and delegate 1 to Congress
power "to raise and support armies'
and "to provide lor calling forth the
militia ta execute Jho laws of the
Unicn, and suppress insurrections and
repel invasions.'' But thougit this
act of Congress is intended to urovide
mean Tor suppressing the rebellion,
yet it is apparent tliat it is not louml
ed on the power of "calling forth the
militia," for those who a'zo Jiafred
uodi.-r it hav not been armed, organ
ized and disciplined unJer the tni iitia
law, and are not culled forth as militia
under State oQiara as thu Constitution
reqnires Art. 1, 8, 1C.
It is, therefore, only upon the power
to raise armies that this act can be
founded, and as this power is undis
puted, the question is made to turn on
thu ancillary power to pass "all laws
which shall bo necessary and proper
for that purpose.
Art. 1, 8, 13. It is therefore a
question ol tho mode ct exercising
tin: power ot rinsing armies, la it
ad'nibsablo to call toiced recruiting
u "iiceoisury ami proper"' mode of
excrcibin tliii power 'I
Thu fact ol rebellion wonld not
seem to make it so, because the in
adequacy of ireuln ueiiey of tlie per
manent and active forces of the Gov
ernment lor such a case ia expressly
provided tor !v thu power to cud forth
the usually dormant Un co, the militia;
and that, thcrclorc, is the only remoJy
allowed, at lease until it has beun
lully tried and failed, uccording to the
inuximS, txpresaio unitu exciuxio
laltetii't. ami exDi'tisum faoti cman
lacuvnt. io filler muuu cau ue
ncue8sary and propbr aa Inig as a
provided mode remains untried ; and
the lorce of these maxims is increased
by the express piovisiun of lLo Cou
ktitutimi, tl'at powers not ratiUd are
jrt8;rV,-'J ! ,0 ahull be implied
from the euufmeiation ot tlueo which
are nS.rvud. Aiueiidiiio'its 9, 10.
A granted remedy for a given cause
would "ther'elore seem to exu'ude all
tingraiited ones. Or, to Bay thu leust,
tlw militia not having been called
forth, it does ri ifand caimct appear
lhat another mode ia Decjaaary for
suppressiug the rebellion.
And it suetiia very obvious that a
doparture from the constitutional
mode cannot be considered necessary
because of any defect in" the oiymiia
atiou of tho militia, lor Coiigresi ha
always ha I uuthori'y to correct this,
and it cu'iieot posbihly' lennd new
PaWer8 ."!. ow'! nclcC' r duly
been adequately atteudud to. I do
not know why it might not have been
,-. ,.i ,i.:., i...m:.. .
in tD0 ebelliep, yet the authority to
'raM il M' lact ot
reliellmn. That tact authorizes forced
levies of the militia under their own
State efficcra, bat sot for the regular
But it is not important that Con.
grefis may have assigned an intuQiu
ient reason tor the law. If it may
pass tucli a law fur any reason, .wo
moat B'istaiu it for that reason. The
question; then, is may Cutigree, in
deondenr of tlie faet of rebellion,
ir.ake fotctd levies ia order to recruit
tho regular army t -
If it may, it may do bo even win r:
no war exists or threatens, and make
this the regular mode ol recruting ;
it ma disregard all ccneideratiohj ot
ago. occupation, profession and oflk'iid
station ; it may take our Governors,
legislators, heads of Sta'o Depart
ments, judges, slier i lis. uud all infe
rior omcers, and all tho clergy and
public teachers, and leavo tho S'ata
entirely disorganized ; it may admit
no binding rule of eqaultity or pro
portii for the protection of individ
uate, States and section. In all other
matters of allowed contiibtMtori to the
Union, duties, imposts, exc'868 and
direct taxes, and organizing and
training the militia, the rule of uni
formity, equality or propoition is
fixed in tho Constitution. It could
not be so iu calling out the militia,
becauso the emergency of rebellion or
invasion does not always allow of
But for the recruiting of the army
no such reason exsits, and yet, con
trary to tho rule of other case, if it
may be recruited by force, wo find io
lobulations or limitation of tho exer
cise of power, so as to prevent it from
being arbitrary and partial, aud honco
wo infer that bucIi a mode of raising
armies was not granted. If any audi
mode had been tho intention of tho
lathers' cf theCotiBtiution, they would
te tain y have subjected it to some
rule ol tqnali'y or proportion, and to
some restriction if) favor of State
rights, as they have done iu other
casus of compulsory ' contributions to
Federal necessities. W"e aro forbid
dun by the Constitution from inferring
t Im grant of this powor from its not
being enumerated as reserved; , and
the rule that what is not granted is
rusurved operates iu the same way,
aud is equivalent to tbo largest bill
No doubt it would be unreasonable
to suppose that Congress would so
disgrace natural rights as tit take
such an aavantago oi this want ol re
gulation of their power, as thatabovo
indicated; but the fathers of the Con
stitution did presume that soma such
ihinga arc potsibU, and, therefore,
they would have regulated the mode,
it such a mode had been inten led.
It meded no regulations, if all recruits
weru to bo obtain id in the ordinary
way. ly iuvolunUry cnlismuhts.
Our jealousy of tho usurpations of
aounuaiii panics is quire narurat,and
has lieen inherited through many
generations of experience ofcaviler
aud roundhead, couit and ccuutry,
whig and tory, patties, each using
nnconsiilutional meana of inforceing
the meuourea which they deemed es
sential or important tor tho public
weliare, or ot securing their own pow
er; aud thu u;licrs of thu Constitution
had experienced such usurpations
iriuji ine terjr ut'mug wi iijo reign Ol
George 111, and were not , at all in
clined to giant powers which, for
want of regulation, .might possibly
become merely arb:tary. They had
no experience of forced levies for the
reguiur aruiy, except' by ha States
theiuselvuB, and it seems to me that
they did no', intend to grant such a
power to the Federal Government.
Besides this, tho Constitution does
autliorizj forced levies of tho militia
lorce ot the States in irs organizsd
lor in, in case of rebellion and iuva
ion, and, on the principle that a
remedy expressly provided tor a giv
en case exc1 tides ail implied ones, it
is fa5.' to inter that it does not author
izi forced levies itt any other caseo
iuchIu. The" mode of , increasing the
military force lot the suppression of
rebellion' being given in the Cousti
tutiwi every oilier -moJs would seem
to be excluded. j
But even if it .be admittod that tlie
regular army may be recraitod by
forced levies, it does not seem tome
that tba couseitutionality of this act is
decided. The question' would then
take the- narrower form.'. Ia this mode
of coercion constitutional t
It senilis to mo essentially incom
patible with the proviaions of tbo
IVmlUntinn' .ul i:. .1..
wuuoti.uuvii iwwiio bu iji irilllllR
thai, it cannot be. Oa this sabiect,
onfall others all powers not Uelo-
gateti are reeurvea. tins power is
not expressly delegated, and cannot
be impliedly bo, it Incompatible with
any. rt Served or granted powers.
This ii hot onlv the ei ureas rule of
the Coriatitutroii, but it is ueccssaiily
so; for we can know thetxtent to
which State function were abated by
the Federal Constitution onlv bv lha
exprcs or necessarily impled term
oi tue law or compact in wincn tho
abatement is provided for. And tbia
ti tua rule in regard to the common
law; it is changed by statute only so
far Ufl tho. plnii'ion of llm sfntnrj p...
quires it to bo.
now, i:iu miiuja was a oraro intra
tutioti before tho adoption of this Fad.
eral Constitution, and it must contin
uso, except so far as that Coiutitu.
tion changes it, that is, by subjecting
it, unucr otaio omcers, to organiza
tion and training according to the
uniform Federal law. and to ba call.
ed forth to suppress insurrection and
repoi invasion, wnoo thu aid ol the
Federal Government ia n.Ld and
it needs this force, .a!l i-tlnrs it it
a State force, and it is caliad iu the
Constitution "tho militia of tha aev.
oral States I" 2, 2, 1. It is, therefore,
the standing force of the States, aa
svell as. in certain inecified reanr-cte.
the standing force of the Union. And
n:e right ot the btates to have it id
not oniy not granted away, but is ex
pressly reserved, und its whole his
tory ehowa its lturpose.to bo to secure
domestic tranquility, suppms ioKu
rections and repel invasions. Nei
ther the States nor the Union barn
ant other militia than this.
Now. it seems to mo nhun flint this
Federr.1 Government haa no nxnreaa
and cad have no implied power to in
stituto any national force that ibincou
sitent with this. This force shall con
tinue.savs tho Constitution, and tha
Federal Govornuaont shall make law
to organize and train it, at it think
oosc, ana inaii nave tno use ot it
when needed, tbis soema reasonablia
and SilS rant: U tho. forci nrovided
for by tLis &t ioojnsli'eat with it .
B a .' m-w . . .4
it aeems to me it is. liy it ail maa
between thu age of twenty and forty-
five are ''are declared to be tbe na
tional forco," and made liable to mil
itary duty, and this is eo naarlv tha
class wh'ch is usually understood to
coLtntuto the militia lorce of the
States that we mav suv that this act
covers the whole ground of tho mili
tia and exhausts it littirely. It is in
fact, iti all its features, a militia for
national, instead of State purposes,
though claimiug justification only cn
dtr the powor to raise armies, and
accidentally un.ar the lact of the re
bellion. In England this can be
done. LoCdU33. the State beinc n nnit
w Q w
there, there can be no place for tho
distinction between State and Fod er
al Lower, and the armv and militia
forces become imturnlly confouaded.
it seems to mo thu is an unauthoriz
ed substitute for the militia of tha
State. If valid, it completely aunnla
for tho time being, the remedy for in
surrection provided by tho Oonstita
ion, aud substitates a new and un-
r vi 1 i.l o.ia. Oi ruther it UVes that
very State lorce.itripa it cl its officers,
despoils it of its organiztion, and re
constructs its element under a differ
ent anthority, though under tirnuwhat
similar forms. If this act is law, it. is
snpreinj law,and the States can have
no militia out of the class usually call
ed to militia duty; for the whole class
is im propriated us a naiional forco
nndtr this law;. and no State can
niako any law that is inconsistent
with it. Tho State militia wiped out
if this act is valid, except to far at it
may bu permitted by tbe Federal
Government..' If Congretf may flint,
under its power to raise armies, con.
stit ute all the militia rnon into uoa.
tional forces" as part of the regular
army, and mike them 'liable toper
torn) duty in the service of the Unitad
States when called out by tbe Presi
dent," I cannot 6ce that it may not
rtquiae from tbom all a &usfaut mil
itary training under Federal officers
as a preparation fur tnegMatestefJc.
iency when they ahull be ao called out
and then a 1 j t h e State militia,
and civil officers may be put into tbe
ranks anJ subjected to the Coram and
of such officers. na tile President ma
appoint, and every one wauld.thenica
tbat the constitutional State militia
becomes a mere name. The Consti
tution makes it and the man in it a
national force in a given contingen
cy, and in a prescribed lorm, but tbia
act makes theiri bo irrespective of tba
constitutional form and contingency.
TMt it tht tvlitantialfaitand lam
not ahle to rtfint tt axoay. .