Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1862-09-23

M'>'n'y, sEprtMssR - lS'-'
SE.S Th

Rc,c:,rI, !hs:' tie Secretary OF War be
r,ou,s,,l e., .a.;.,in the Senate If any, ami
wh,t ,l,,,s ,..,4 k.rn taken to comply with
the rrso...t,.,, If lne Senate, adopted 18th OF
or,i lAtal, ral!ing upon GiIn to furnish at
r,s session Of the Senate u list Of tie COLL
u,snis ard officers in the regular End provt-
sint,.l s:t.v, .,a.ing rank and dates OF their
commissions, and the States FROM which they
were appreciated. Agreed L"
Also, BIZ tie SH.ne-
Rssoirel, That the prcsiden; be requested
to have prepared sIt Iura;-h To the Senate
by tho opening e ,:.s mkt session list OF
the commissioner! III! rs "f the regular aud
provisional army smu '.avg, showing the ran K
of each and the date 81 their commission, and
the State from winch they were appointed
Agreed TO.
Mr. BcRkErr introduced resolution re-
scinding the resolution fixios the date OF adj
iourument Of Congress OH tnc 50th instant.
Laid on the table.
On motion Of Mr.. YANcEy the Senate agreed
TO meet ddr NJ toe remainder OF the session
at / | clock, A. NJ,
Mr. Dox-cH introduced bill recognizing
IN. navy. Referred to Conmittee on Naval
Affairs.
Mr. MAXWELL, ;fou .ho Committee OF
- .n,S reported a bill giving the Commas
scGcr NJ Patents Giacrrti"aSfg power TO
dispose @itG tie services Oh tue CHIEF CLERK
Of MS office. PASSED.
Mr.. SPARROW. frola the Committee on Mill
,a-; 4 fairs, 10 whom wss reported a leSo-
iuti,o uf inquiry in respect to holding pr'a-
cioais Responsible for substitute II nc G-uy
reonrled back Uy i,il;. witch reads ":ne Con-
s.dsrare mates IF America DO enact thas ell
neJso"s wh" lave heretofore, and who may
he-"sita, tur,; it, substitute, E:is!! % con-
sidrr.,. - .r' ,r:taciDg the substitute, and in
cast ,ne -.,a-'tuie deserts, the person Shall
be hell li.b!r to military service 10 his stead.
,r ;ilrni-n aGa,Ucr substitute
Nc Oar ,no.-I to strike oTt tc355 words
II -. ',,il = "i,y q retrospective Character 70
:. ..;.."r':orS liz "ai "ppnsri - ~ I'd
eY;.n-, : GO law.
Mr., S7AHko.r saiG lI.c Miilt.-s CuOnittee
considered tna. v.cy point, and they took
this vi,w. ri it s. 81 A. the physical ability
or the aut,st:!ut. was c"ucsrEsi lie govern
.nert took the rep Iu,i.intf, 1lt II CONSIDER
&c the ct, SCH otripS the substitute ~ guar
an:eriai, tho !. ieiity ~ snch substitute. IL
WAS rrat,.r nf -. i':h it could know notl:'
ing, 20, by any Vigilance OF 4.s part tetec-
minr the moral cnru.r'er al tie substitute
presented Al :irst, confess. ! vas of the
,srne opinion Of the sea''ernan from South
tsrvilng, Or. ORR.l hu: ~e have learned OF
hr nd: eds Of cases where TIE person furEit n
inc tho Substitute was perfectly aware nf ms
,ha:s- Ter, and knew ut the time Of presenting.
him thl. he could not BIO trusted, but KEEP,
Tho knowledge in his own bosom End profit
| rd hy j, al the expense of Tie government
1t ~ pru"uie OF law in the Stats where
i've taat tho warTsnter Is always 10 De held
is5iA uriara special reservation 10 made.
va 10 not undertake in this bill In change
The character Of The contract enterei into by
tn. parties.
af7. lpsysros.-I d;ssea;ed iroG. the Com.
r..,,se because s noST rcTlh was sought TO be
introduced INTO the contract, term which
oouid 70. b. fund n the former b;li. The
ccnscriv: iHw expressly provides inst con-
scripts viii he accepted ii lieu Of nsi, non
consuy:p-.. furnished by them. 1t ~ true
that sn,ua .:f,r introduced uDIeiia5o nee
knowing them to hr sucn. but Thousands bad
furnished substitutes ii good faith, and their
righta should &c respected.
Mr. UAvis.--! was yreposscSaad with the
view cf ;he question taken by the Senator's
from Virg;uia and South Carolina. At the
first h!r,;, |, seemed 70 &c proper view, but
little. :p,:@ll!,c haS satisfied me that it Is an
inccr7~ct v;er, sna that the grounds assumed
~ the a;cr,:- VI the comu.ltte1 were cor
rect. TIL. views taken by the gentlemen
from TnGinia aad South Carolina are gene
rous. but not soiast. And Why What is
10 rs nb tya-
ton is to ssrve during tils war or for the
period Of three years, il ne il physically able.
What does BE undertake III do' lie under
takes. in employing substitute, to furnish
ti:s government with some ons wnV viii dis
charge military service in bis ssesd. Now,
sir, does hc '.i,cna-ge his oolig.ti1ns BE-
/ placing in Se-:ir. one who proves himself
Unit for dlty or wac iesarts. Assinilats
this case To any coDtract made by individuals
, TIE ohlIGs,ioa IA "a high as ii there YVES OF
! expressed sti9.iatio1 in writing or in an inn
piled degree. Suppose employ man t
| sewn RIO for three years, with thu understd nj
! iug lie may place N b's stead soma one -
a.; tor him, is hr ant bound to supply nn'
AZ c,in1etcu. anu rs. yoasibie aad faithful H
himself?
{ MIR. ORK-Suppose tna substitute IL killed Il
battle must tbs conscr:p t employing n;u sery
| out the remainder of the ii!s,s?
Mr. H..L-Trerc is one view Of this ques
tioa. whi:: has rot been presented. and whicl
think ought to have material influence. It ia
well established principle Of law. that when on
| of Two innocent oartlcs must suffer, shnt OF
must suffer whc had it 10 bis poN or to pro
ven; the eci!, rather tnaa the other. Now
hc:G that in tl,is chEe thnt both the Govern
Tn"ns and tn" conscript sre Innocent as to tn
Gcsert,on ard one rluss suffer; and the Gov
srnm"nt ough, to suffer, iur the raaSor tina
the Government mas the po|er 20 prevent de
sersion, 70 seize the dess-ier ard to punish III
desert--. TIE rri0cipal has no such power
!hc principal puts tito substitute in the pos
session Of the Government, VINO takes charg
Of MIN. The principal doss not agree to wstc
over his su bstitute. 70 taLs charge CT bin o
ne responsible for hi, acts. Itsink the view
I have presented sro founded "a good sense
justice sod rraaa::.
Nh. DAr.s-Tlst would BE- 8 list view ii tn
s"nteman's prruuses were correct; but h
0naes false conc,uaior because bis premise
are not veil founded. The obi,gattonof ell gov
ernnentis u sHpplyt hssubet!ruts with The ne
ceSsariss Of chs soldier, to transport hin, I
furn;eA him with arDs--
Mr.. Hull did no: put il on the ground G
Obligation, but Oh that OF power and Law.
Nj. PAris-l deny the government has t
Keep him, for prrsnne the Government ha
used Mi IFS powers to do s". Tho obug to
is Oh the ado OF The substitutes I do no
think it is lair to assume it in the place o
the ~ ;ernmaat ii the suDstitute fails to sup
ply the place of the PRINCIPAL.
| Mr. CRH-One single i.ma,k. 1t will Be rs
malnbercd BY the Senate that when the bill
al!o.Sing substitutes was before this body a
| tas last ssss'co, The proposition was subpittet
b. the jnnior Senator from kentucky
| that tho principal should guarantee tn
fidelity Of the suhs'itutr; AID the mat
| ter wps discussed snG It nss consider
| Cd BY the Senate as unjust, because the sui,
.s;..ute went oue Of the control Of the priu