his Democratic brethren on the bench of the Supreme Court in adjudging the Enrollment Act
It was hardly possible to make an issue more distinctly than was here made between the supporters and the contemners of the War
for the Union
; yet Gen. McClellan
--still a Major-General
in full pay, though not in active service — wrote a letter for publication in the canvass, wherein he declared that--
Having, some days ago, had a full conversation with Judge Woodward, I find that our views agree; and I regard his election as Governor of Pennsylvania called for by the interests of the nation.
The canvass in this State was exceedingly animated and earnest; the vote polled at the election1
exceeded, by many thousands, any ever cast before; and the result was decisive.
Though the vote of the preceding year had shown no decided preponderance of either party,2
but gave the Legislature and a U. S. Senator
to the Democrats, that of 1863 reelected Gov. Curtin
by more than 15,0003
majority, and established the ascendency of the Republicans in every branch of the State Government
For — as if to render the popular verdict more emphatic--Chief Justice Lowrie
, who pronounced the decision of the Supreme Court, adjudging the Enrollment Act
unconstitutional, was a candidate for reelection, opposed by Daniel Agnew
, Republican, by whom — though comparatively unknown to the people — he was conclusively beaten.4
And the Court
, as thus reconstituted by the election of Judge Agnew
, reviewed and reversed5
the decision pronounced by Chief Justice Lowrie
Said Judge Agnew
, in his opinion:
The constitutional authority to use the national forces creates a corresponding duty to provide a number adequate to the necessity.
The duty is vital and essential, falling back on the fundamental right of self-preservation, and the powers expressed to declare war, raise armies, maintain navies, and provide for the common defense.
Power and duty now go hand in land with the extremity, until every available man in the nation is called into service, if the emergency requires it; and of this there can be no judge but Congress.
Justices David Davis
(Circuit) and S. H. Treat
(District) in Illinois
and Justice Nathan K. Hall
(District) in Northern New York, also pronounced judgments in cases brought before them, affirming the constitutionality of the Enrollment Act
and of drafting under it. No Federal Judge
ever made a contrary decision.
— by reason of the unrevoked and continuing banishment of Mr. Vallandigham
--was the arena of a contest equally earnest and somewhat more heated.
The public meetings, especially those of the Democrats, were enormously attended throughout the canvass, and were brimmed with enthusiasm.
Yet, when the vote was polled,7
majority of 5,0008
on Secretary of State
, in 1862, was found to have given place to a “Union” majority on Governor
of over One Hundred Thousand
and, even without the Soldiers' vote, of more than Sixty Thousand
And, though the majority on the residue of the ticket was