The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-08-19

usuay suffered from their own neglect IN not having their
ss properly err On inc exempt books but
aliens not liable do military duty, they are there
legally u1 20 ape De0ss ,ns
or ~ ,hsy are e h. o.sr *oras no"esvs
heen thcjr business ,hs con, bs, no ;isdc,ion oyer
them not even 90 much az 70 test The ~ ason whether
relieve s the marshal from his aSes as
shouid he lew under warran, The Sacv Of this doc,
rinc was fully settled in the case Of Giles aSaOss Morris
en bsro es was an en a
bench decided that the warrant being regular the mar
shall was protected But this whole Ground was covered
many wears since by decision Of the full bench Of the
Supreme Court Judge Kent Chief Justice presiding in
the Of Vanderbilt against Downing iii Johnsons
Reports page SO ON an appeal from Jstice,s court,
where the jury gave verdict against the officer On
this appeal the appellants counsel presented bis second
point in these words
Again. the pant below oueh, 10 have before the
Court Martial and there claimed his exemption, their
ant, and Is conclusive on the subject
And Tor this third and last point, the return OF the
captain TO me Court Martial being an act Of official duty
he cannot be liable TO an action unless the ground that
he made the return wilfuy and macously, with the
view TO harrass and ipjure the plaintiff below"
r. Rugs les, for the respondent, was stopped by the
Court The decision Of the Court thus announced.
Kent, Oh. j.
The Two last points are CONCLUSIVE Lh.rs no malice ex
SIm appeih" ana NO acu'n can DC m"nnsa as' U.s.
Thompson, j.
der sol, I've r. nrina arIe ahIe i, he enrolled in lbs
militia the oommandans Of companies know
that person Quaker. exempted from military duty
less be claims his privilege is the duty OF the officer
In a. nGugn ney ars @ 70 me oomt' AT
proper proof that hey snded the exemption gwen Sy
put ~ leave IN. srb,ec, FREQ from, al ouss,on q In.
been nositiveiv enacted nv our state laws sscton AZ
na9s x W,ts aws M S;ows >S' '~"e' 'S''"" ~
Section ST. No action shan be msintansd asans, any Nom
Der Of coar maris or ocer or agent acting under s Az
hoty on account Of the imposition Of fine or the execution
OF sentence person such shs have been
turned as denn1uent and duly summoned asa sna nave
aoa renasr ns Ior sucn
~, M -. ,p . ,,
WIN .nus Ieaay appear ina. me AMEN VINO receves
ai tne oection Oh our aws anu VINO may nave oecoine
naturahzeo ciuzen, al any time ater ceran resi-
oenCe IN any OF inc courts OF record "a tue untoo Sta's
nqnents attendance upon TINS Court OF Appeals may DO
notined 70 appear mere 70 snow MS exemption ana IN
DEFAULT OF appearance section 81, before cited mas
pointed Out me CONSEQUENCE noe, ana no redress
But IN al TINS there anything unreasonaoleY should
ne MOI pay que oe'eence W ouf courts the same as onef
innaoi'ahMf -
nnapitanS from ostric 70 ontrct, the annual coange
OF Haoiy OF tnousanus oy reason OF age ana
changes, should together with the correspondence Of
names give rise TO more or less mistakes may reason-
ably be expected.
But really, where is the nuisance be not IN these
most unjust complaints all the causes of which might be
readily removed by willing and ready compliance with
the laws as they now exist.
Gladly would the First Division have had removed every
pretence for complaint and hare accepted, in lieu of
these communications and fines such direct allowance
would cover some OF their necessary military OK
pensee beyond that of uniform and time Tor which they
never have claimed or desired To receive ANYTHING
| But this cannot he done by way of general
taxation, without its imposition upoa those ex-
and even upon women and ~ Of
~ uha avery ,rne military man Tools that ms tax
sbond Alone he mon those liable ~ 40 m,arv ntv no
ncnatv for ehrinkinr nom Thar nersonaI obvst,on
which every loyal citizen Justly owes TO the country of