Daily Nashville patriot. [volume] (Nashville, Tenn.) 1860-1862, 1861-09-18
The federal Judge Wafne on the
u :. Volunteer Law.

The decision oil Judge Wsine in the matter
of Ell. A. Stevens, of the LIST Minnesota Regl-
mept. who claimed that be had enlisted for
only three moaths, aud was held TO service
for three years, has just come to hand Ihe
decision is important, as it virtually eompels
all in the present army to remain until the
close of the war la this case it turns upon
a question of fact; and Judge Waine decides
that Stevens did volunteer Tor three years at
Fort Smelling. With regard 10 alleged in-
formalities in the enlistment, Judge Waine
says:
Having fully considered the bearing oil the
! facts of the cas-, in connection with the reg
uiations of the army, l have come TO these
| conclusions: That there was 40 such dlsre-
gard of them by the officer mastering them
| Into service, though some OF them appear 10
/ have been omitted in the enrolment OF the
| petitioner 1t appears by tue papers, now
| ever. that no substantial regulation essential
| To :. contract of enlistment had been disre-
| gard-d NV conclusion. then, in thIs regard
* that the particulars directed 10 the regu-
lations OF the army for the enrolment ana
| enlistment of soldiers into the service OF the
United States, whether as regular soldiers OF
volunteers, are not essential TO tie vaiioity
| of
has been an actual musterlngN into the ser
vice of the United States, and service render
| ed by the soldier under it; and that con
| tract made under such circumstances Is oind
ing upon the soldier aud the government
understanding the omission by the muster
ing officer of any Formally prescribed FOL
the enlistment of a recruit
That a person who has offered himsrit as !
volunteer into the service of the Uniiet
+ States who has been received aud accepted
: as sucb and who has been armed, subsiste'
l and paid by the United States as volunteer
. | and who has rendered service as such, canno
d deny the validity of his enlistment or con
{ tract of his engagement for the NUMBER o
g scars specified in his muster-roll, upon an
ground of iniormality OF proceedlu< IN tn
enlistment. That the muster-rolis filed L
N the War Department and certified to by a
u officer authorized to muster any Voluntee
{. | regiment or body of m N into the service
u the limited States are official records, an
D. ! afford conclusive proof as between the so
!. diers and the government, upon quesilo
N of a continuance OF service, OF any claim u
t. .oldier NAV make for discharge from the SCI
Z vice; that the soldier was received ana mu
e / tared into the service of the United States
ie volnnteer soldier at the time and plac
IL and for the period set forth IN the music
y roll and certified of the mastering Oinc'
~ made and the persons with whom they we
NC made And that the third section OF an a
of Congress of the six b day OF August, 100
legalizng the acts, proclamations, and or
ers of the President, alter The 4th OF Marc
1861. respecting full Amy ald navy, al
calling out and relating TO the militia al
volunteers of the States, ls constitution
d and valid, as if they had been issued al
as done under the previous authority and DIRE
wv ton of Congress.
of His mn opinion that Congress has constitute
he al po,oer 10 tegdtize and confirm eDec'asoe &C
~ proeLa,nati ions and orders done for the pub
re, good although they a0ere not tohen done, auth
1e! led bv anu eIlsting la,0s. That such legis
,th ton by Congress NAV be made to opers
tat retroactively to confirm what may ha
~, been done under such proclamations ana
un ders, SO a. 10 be binding upon the govel
We ment in regard to contracts.
the That the soldiers who volunteered une
eds either the first or second call OF the fresidt
ed, of the United States, aud WDo were accep
act into service entered into contract by wh
20 they were to be armed, equipped, subsist
ave aud paid according to law. aud are EMIT
SD 20 the pension and bounty, bestowed vi
tel them and their wives aud children Dy
cal xress, and for this consideration they
ng; bound to serve faithfully for the term
We which they were mustered into service,
and less sooner discharged NOTWITHSTANDING
it failure of the mastering officer to admihl'
hu- the oath to them prescribed by tue TENN
fore ticle OF the Articles OF War.
and That soldiers who volunteered under
ved, first proclaim alton of the President for tt
ling months might afterwards, with the cons
we OF the government volunteer and ter
their services for a longer time. apon a
in of the President OF the United otates'
wen that upon having doue so, and beinS acc
uch ed aud mustered into service, they are DO
Our to serve as soldiers until the expiraiio
e. their second engagement.