The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1862-07-12

received intelligence that NichsbuIs IL sale in
Federal hands,
w. OPINION OF J. Fl. GILMER ON CON
- SCRIPT ACT &c On the 10th day of A pril.
1852 the Congress of the Confederate States passed
a law known the Couscript Act. In the first
section of that &c. the following proviso was in
serted:
"Pr0Didcd, further, That all persons under the
age of is years the age of 81 years who
now..enrolied in the military service of the Con
federate States, in the regiments sGuadrons bat
talions, and companies hereafter to be reorganized
shall be required to remain in their respective com
pdGcs sQuadrons battaons, and regiments, for
ninety days, unless their places shall be sup
piled by other recruits, not in the service
who are between the ages Of Is and Is years. And
all laws aud parts of laws providing 'or tie
ganzation of volunteers, and the organization
thereof into companies, squadrons, battaiions, ad
regiments, shall be, and the same here by, Fe-
pealed'
Soon after the passage and PRONUNCIATION OF this
law, the Secretary at War announced his iptcrpre
tstion of its various sections and provisions they
were TO be exempted in their practical operation
upon the parties designed 10 be affected by theul
Among numerous others, the following is found:
"When any company, now in service FIR tnctre
months, shall, before the 18th day Of July next at
tain the maximum number prescribed by this act
without including the men under lS and over 81
years of age, all such men may be discharged and
such of them an remain in service on the said day,
""' "po 80 opp oAo.i' NC ,iio" o'S,i-ni Se"'
whether such maximum is attained or not"
Thus stands the law, a. expoHnded by the Score
tary at War, and intended as an accompanying ex
pose of his views on its practical operations 1t
will be seen that the Secretary at War only includes
the taoeire months men. and thus by implication,
clades 'all persons other than twslve mouths men
evidently included ana, in my opinion. expressly
designed to be included, in the Conscrpt Act. as
before rected.
The language used i'll the Act of Congress is very
explicit, and IL would Hp difficult Mace
other construction on 1t than what is 81 plainly anu
with marked dlstinctness expressed in the very
clear and precise language employ ed ny hs Trainer
III h--' ihnJ M PcTsoaF uioeT tuS sSe OF - ana
over the age OF 81 years cao arc @oio cero1ca Z" tie
murray sTr'tf q INC eo'Js"efatc e''tes sbaii De re
CURED 10 fe"af" 'o' H1hoa ""ys' "ffesS MGR
P'aces ON os so'nt, '"l';sta ~ ot4tF 'ffAHs 'tt
nor ~ "tt SHetce' WHO ''ie pet"eeh me ages ~ ic
dad u years.
NO Language can M 'o,e hfs'ei' t'so 'H1S /"
my mind II adits OF hp oouo' anu ]. Is hut latr l"
presume tnat Tue secretary q, wax IN ms eSpo'''
ton could not nave lntchdeu 10 embrace ali per
sons 80 distinctly Included Ill mus fF"etso inserted
in The Conscript law II would seem he must have
juiended only 10 iefef 10 II months men, and 10
have no ailission TO all persons embraced IN the
law OF Congress
Tins would be me only construction which could
larry he placed on the exposition oi tne Secfetary
az war; Dnt Tor the recent oruef rubShed by The
Adlu'ant General, fsvokihg General order No ~
and announcing that a+i persons who have enlisted
for the war, VINO were hh'eT the ages ot 10 anu
over tue age OF - ,eaie' Wouiu ot DC discharged
on the ihth OF Jpiy' ion HAD this crder contained
~" qhdtychtoH 'ui;i me persons deslSnated III IT.
VINO ht.a enlisted ios me war st"te ne lN ad4 ~
.iir't lsH-s Wouih not be dsrnafged on the 10Th
day Of july is''' II "o"id nave neeh consistent
WIN aud anNuiafy TO- inc oonSctip' ac'. but us
Tue ofuef STANDS ana lie oirec'ed 10 lie enforced,
mere Is raniu' cohhie' between " ana the Ia"
Oh congress.
My opin,oii ii1s e'eh askeu ny various fersoiiS a.
" me 'ai'di'y "hu 'esa'tJ VI 'nis 'rd'i also
whether 'his otder oiFss's 'n' persons designated
ana designed to be embraced i'll tue provlso OF the
Conocipt law, oi thet tiSh'e anu iIiFheees rs de
ciared and defined lii the law OF Congress In other
WORDS, aIethe persons unuer - anu over ID years,
WHO haa ehlsteu loi tue "diI anu were ehfolled
PftNoas 10 tue JUN VI ApA, 1909, eAciune" ny
reason OF this in'erpolaiin order OF the Adju!ant
teherai, from the SPECIFIC feihedai ehcacy OF the
aet Oh congress
On TINS sunleet atef Tie most sohcitotis and IVA
,ufed eonsiuelatoh, nave not shadow OF DOUBT.
anu perfectly GEAR ana uis,ii'et III the OPINION that
WIS oieei %; VIC auJ",'n, ,,en,ia - III "irec ana
UNI -. ~, =. VIII .n' "a" !: au'i,
ma - ~ ei'e, ia ,'is at,
'',e ' W d. ,He % al
GU, :. az. NV. uy .e y. Vi ~
~ Sc 80 y. . r, ~ '.e a..
49,, - IS 80 I ;t.,f a 80. mS a.. AZ
-, g. f - 10 5;.; ~, - - i" 800 o
livea ii s anu .;.,. 90 an
Son u SUI ios q in '.ie n's ,'o'
,,, CO. - W., ~ q ',, Guy ,.;s ,n~
% ~ ~ " - :. pm
,
axe Opinion .nat inc oraeI IA question cannot iega
:, ~, uis ss'. vi any Gno 49, " p't,
10. Iso rn,sar;rt w 'o '' "' P'''o''' Al
wy m m'Si Nv, r;,.;,ooos o,,o.a,,,.sJ ., :. -,
- ,,.ba - - ~; 90 = S ,,e .
az IA al. - @ .s,'" Y"''. ~.
s'' ~ =, .'s ,h. 'n,;so ,anJ r snnar;nu -. a
90 VIC n',h -, NV $3.50 So
.hn az. IS ~ aa, i, ir.naa,;.n ~ ;har,i an,'
. 10y " IN -. ~ tnii 90. nd - "a o
49, tta ,,,rr.,x and ;n c.ps Of n cnnaint Tho
sm9 p go Sc -, W. nro";.o
puA ~ -, i,in ~ aa al r;h, nr;;ias
ca a;stnc,I cr.a.e nv ,pss n.s
ns,, IN thn nrovso vii NEAL oyar ali onaiia.
t;nrs cond;tinns mr. confici;ny enac.napts /, tho
min hodv IF ,ha act - '''N
:; ho,,,,sr nsaJ,.ss ~ a;s,ss .,h ,,po.,;,,s
hera - 70 Ito he pnmer,1,s au,horities in naint
nrefer riying INV oninion. AZ asked for w,bout
ertarjny nnon apv et,horate r,,sideration nj the
law. ;ts ,n;rit reason and nurpose Sut,ice II To
saw the law Of Canrress il exn,ieit in i, ,r,yi.
s;ons IN ;ts LIMITATIONS in its copdi,ins and in t
extent and score both AZ 70 persons andti,re and