American citizen. [volume] (Canton, Miss.) 1851-1863, 1862-11-21
Judge Handy's Decision on Military
EXEMPTIONS.


Exemptions.
in noticing the points embraced ia the
decision Of Judge Handy. in our issue Of
Saturday, we stated that we would in our
next furnish a synopsis of the opinion in the
case We publish the points upon which
the petitioner, Rains. claimed discharge On
a wri. Of ha5eas corpus, that the synopsis
may he better understood. First, that he
F had responded to a call made by the Govern
/ or on the counties of Madison, Kinds, Ran
kin and Warren for thousand armed men
to repair to yieksbnrg at the time the gun
boats Of the enemy were expected At that
point-and whilst serving under that call,
he was not subject TO lie drafted, as be had
been, under the militia laws.
Second, that he was the manager, and the
emily white adult on plantation where there
was a large number of slaves, and that he
was exempt from military duty under the
act Of the Legislature, which forbids slaves
to be quartered more than q mile from the
residence Of their owner, overseer or en-
ployer.
Third, that he was exempt under tic re-
cent act of Congress from CONSUMPTION, for
the reson stated in the second point-and
that the militia act provides that ''aII ex-
empt from the Confederate laws" should be
exempted under that act.
SYNOPSIS or or1yIo~.
Ist. The call OF the Governor does not appear to
be for the purpose OF forming regular military or
ganization Of volunteers. 1t was for an emergen-
ey and for mere occasional service. The militia
law OF the State does not authorize recognize any
such service as regular military organization. It
recognizes only the drafted militia and the regular
volunteers. and this call belonged to neither. It
did not. therefore, absolve the party from draft.
SEC. SIS 10 Of Militia Law, lSG2.
ID. The Statute See. %, ereiudes al from ex-
empton bat those enumerated, and therefore per-
son is not exempt by the construction Of tie Stat
ute which requires a white person to be with slaves
a plantation.
81 What Is the meaning of the words - exempted
by the Confederate Laws SEC. y If they mean
persons exempted tgsder the coascis lar. al per-
sons below eighteen and above thirty-ive years Of
age (besdes many other classes Of persons specially
exempted) are exempt. The persons not exempt
under that law, would be first bound to military
service to the Confederate States and the resut
woald be- If ali such persons were enrolled as con
sclipts, that there would be whom the act
could operate to form the State militia. and there
could be no State Militia to execute the laws Of
the State-to suppress instructions repel inya-
sions'' etc. Art D. Constitution of State. See.
. 3. Militia A Constitution leading to this result
should not be favored. If it be said that when our
militia law was passed the exemptions of the CON
script law did not exist-as that law was not in ex-
stence-still the difficulty is not removed fer such
exemptions might have been created in that law
subsequently passed, taking all persons liable
under it, and all exempt would exempt all from
militia duty in the State. and therefore make our
militia system dead letter.
The Confederate Government has power to estab-
lsh general military system, and also to provide
for organizing the militia. Constitution, Art. /,
Sec. g. paragraphs II ard 6.
The State has also power to organize the militia,
tuition and laws Of the Confederate States. Consti
tuition, Art. 5, Militia, Sects. / and 2.
The words in question must be construed to have
reference to the MILITIA sYsTEM-adopted or which
might be adopted by the Confederate States. and
not be system of raising and supporting armies.
Our militia law must refer 10 the exemptions I'M
der the militia law of the Confederate States
whether such system then in existence or not :;
and it is in order to render militia system COM
patible with the system then existing. or to be
adopted by the Confederate States and to be in CON
fGrmity to the restrictions in our Constitution Tie
Legislature was adopting a militia system and the
exemptions must have reference to similar sys-
TEN under the Confederate States Government :;
otherwise the CONSUMPTION law renders or militia
system nugatory.