Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1861-09-14


JUDGE WAYNE, Of the United States Su-
prcmc Court, lately rendered IL decision in
the case of Stevens. IL Minnesota soldier,
who claimed that the government could
not hold him for three years service. The
decision was against Stevens. In giving
his opinion, Judge Wayne touches upon
some important constitutional questions.
He says:
That person who has offered himself
as volunteer into the service of the Uni
ted States, who has been received and ac
ceplcd as such, and who has been armed,
subsisici, aud paid by the UnItcd States ats
u volunteer, and vino has rendered service
as such, cannot deny TIE validity of his en-
listmcnt or contract of his engagement for
the number of years specified i'll his mus
ter roll, urou any ground of informally Of
proceeding in the enlistment. That mus
ter roll flied in the War Department GER
tilted to by an officer authorized to muster
my volunteer regiment or body of men ia
to the service of the United States, are Of
fetal records, and afford conclusive proof
as between the soldier and the government
upon Il question of II continuance OF SER
vice, or any claim the soldier may make
for discharge from the service that the
soldier was received and mustcTce into the
service of the United States as IL volunteer
soldier at the time and place, aud for the
period set forth in the muster roll, and GER
tilted of the mastering officer made, and
the persons with whom they were made.
And that the third section of an act of
Congress of the sixth day of August, 1861,
legaIiHing the acts, proclamations. and or
ders OF the President, after the fourth of
March, 1861, respecting full army and
navy, and calling out aud relating to the
militia and volunteers OF the States, is
constitutional and valid, rs if they had
been issued and done under the previous
authority and direction OF Congress.
1t is my opinion that Congress has con-
stitutional power TO icgnlizc aud confirm
executive acts, proclamations and orders
were not, when done, authorized by any
existing laws. That such legislation by
Congress may hn made to operate retroac-
lively, to confirm what may have been done
under such proclamations and orders, so
as 10 be binding upon the government in
regard TO contracts.
That the soldiers who volunteered under
either the first or second call of the Prcsi-
dent of the United States, and who were
accepted into service, entered into Il con-
tract by which they were to be armed,
equipped, subsisted and paid according to
law, and are entitled to the pension and
bounty bestowed upon them and their
wives and children by Congress, and for
this consideration they are bound to serve
faithfully for the term for which they were
mustered into the service, unless sooner
discharged, Notwithstanding the failure of
the mastering officer toadminister the oath
to them prescribed by the tenth article of
the Articles Of War.
That soldiers who volunteered under the
frat proclamation of the President for
three months, might afterwards, with the
consent of the government, volunteer and
tender their services for longer time, up.
on call OF the President of the United
Stntes and that upon having done so, and
being accepted and mustered into service,
they are bound TO serve as soldiers until
the expiration of their second engage
meut"