Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1862-10-25
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7 ). WEARroS. Attorney General
SIR 4 desire your epiaioa on he following
questions
+. Who are Exemption military duty
,. Do the exemption laws Of the Confederate
Congress, passed since tho c~onscript laws were
enacted, appiy, in corsideripg exemptions under
the aaaitta laws
/ am 80 frequently Intercepted on these
points, that desire your opinion for pubiica-
zion Very respectfully yours,
JoHE J PETrUs
ATroRSEY GERERAL'5 ONCE,
Jackson, October p 1902
Honorable john Psttus
SIR 1 have your concentration Ct this
date, ia which you request my official opIu-
ion - tothe proper construction OF the exemp-
ton clause Of the militia lag of the last ses-
zion Of the legislature You also desire me
to consider tho effect Of the acts OF Congress,
granting exemption to peFsons from service
under the eonscript laws, in reference to thoss
liable 10 psrf0fm militia duly. I understand
your inquiries 50 bs TssolVabis iute this: Are oil
persons who are axsnW from conscnptloB, ike
Uise exempt from milida duty1
/ viii reply Il your in~tsTogstoTise a. ssshJ
81 may be csRsisssot FiA ths iMRsr&zss Of The
subject. The clhass Of tAs niliHs Law provides,
4thHt the only exsmP6eA rom HiiilsEJ daty, OK
esptiRg those who 8Ay FFsssat a ssEtihesta' Of
disability, from physical causes, 'shEl Be mem
bsTs Of The Legislature, aad the v5iOus State,
district and county officers therein sRuNeTstsd,
"sEd those sxegspssd - the COHfsdsTsts lEws"'
Before bEEg eallsd on fer a. smsial OpiasD.
I had Teesived The imPPsaien, aad oRs which /
think prevails Vsgy gsaeFa1y. thst al FEsoRs
who were inelHded in ths ENaptioa laws u
Congress, were sxcussd nom militia dsty. The
impression was created By ths words quoted
"ssd those exsmPsed By Chs CsHtsdsrhte laws
H0re cIaaful reflection sad examination have
convinced me thas this is az errOsesus REV.
/ viii indicate q fen IeAsous which have SAT
is6ed my mind that in Determining who are
liable TO gorfom Mitits service, ~ ars nos 20
consider tho exemption acH Of Congress, passed
since the conicript lava were enseHd, - having
any bearing on tho question. Tbs militia laws
Original and supplementary we're approved, 70
speeGvely, on ths 24th and 18Th January, 1859,
nearly four months before she passage of the first
eonscript and exemptions acts
i is obvious to ms, that the clause Of the nj
litis law, unda notice, was inssEded to opsTass
retr0sDeciCeig, only. Il could never hays been
intendsd to spFly TO exsHpd6R laws which
might be subsequently, enacted by Congress. This
language employed excludes such "a idea. The
past tsaSe ia used, "thoss e1smstsd, , ret those
who may be, but those who already are, ex-
empted. Il would siulify the legislature, to
suppose that they would have so far deferred
" &EAN Ia - .LHANaA ~ 49, Na9a
lance, and ene,} too, strictly of locsl iui5dicGon
or control Such q construction Would estsb-
lish a rule which would destroy the sEcieHeg, If
il did not virtually dissolve the militia, e. an
arm, and, in csfain c-oE6ngsseiss sad isealihss,
it might be ths sRIy ana, Of Sesls dsfssss.
The conscripdon and exsmpaos laws Of he
Confederate Congress were not designed to in
t%erfere, and do not interfere, with the militia
laws.
On The oshsz hand, tLs lsgislsturs nsvsr IN
tended, snd cave not, BY ths exception clsass
IN she militia laws, tursed eVsE 20 Congress ia
HsdictoH cf ths suhsei, beyond that which is
possessed by it under the CoHfedsrsss Consetu-
ion.
By the IRle Of construction I HAYS adopted,
viz: 10 consider tks clause e 0Bly rstrsspec-
tive, It would result, that osly the ys7soss eau
meratsd in that clause, ssd Z similar clause in
the supplemental militia law, aHd thoss provided
for by Confederate lsss ~ force a. he date oil
The passage Of tS ailitis tsUs. are exsngt foa
service uAdsg the latter. ny rscsllseaoa ia, (for
I have thsm net bsfoTs me- that thsxe vms acts
passed by she Congress Of sss Uzisd States,
prior TO lhs dissolution Of tAs Uaion, Whish sx-
empted certain employees Of the government,
and which acts have been adopted or re-enacted
By tins Confederate Congress, a. to the 5Eme
class OF cheers, under the CoHfsdsrats soYsrn
ment. This, however, is n0t important, a. the
material point in y0ur inquiry Is, whstksr Tie
SEES Of GoU greEs, defining Wko sus sxsppt from
esHseyiyti0H, are 30 bs regarded. ia dssermiuinz
who sr5 exempt from militia duty AID ibis [
answer u TO negative.
Secondly. Auolbef. and to ny mind, not less
Satisfactory view 10 this; WEea he nilids laws
were PASSED he only system q military service
iu-tae Coatsdsists goTeTn1s4t vas pursly vol
uEsary TIE array uss me5s UP Of volunteers
wlR0n IL E~eraIf ha n~~-rzFa-m~r % .~-r-L@ft
ersmptiRg g0.uHtesTs. There was no compul-
sion, or legal claim CO any ose. Every man
could exempt kt11sclG Hs enliFied or got, Is bis
own ssHse Of pstriotism or bis Own free will die
tated. Exemptions are oaly r~squirsd, and are
only grsa ed. bJ the ~goEsmmsns when IL in
poses dates or burdens. C0sii3eSaii0ns Of n
cessisy or y0tcy suggest, il such cases, tbat
dispsksalons should be granted 30 csrssiH classes
of eiGzaEs e, 10 hs csss under confederation, 4
TO Pubic Ulcers, IN ordsT net 10 dSrEnes The
machinery CT State OF CorfsdsTats g-oyornments.
/ am aware that . contrary opinios has almost
universally obtained, I cannot, however, coz
sent TO adopt q rule Of construction Whick
would surrender to Congress jurisdiction Of the
whole subj&cs ct prescribing Ebe shall Be liable
to AID who exempt from miiisrJ duty. Be
ysnd tks epscifcaG0Rs csniEiusd in ths clsuss
Of The CoafsdeIss Constitutes. befors citsi,
and which does not touch the poiRt bsfore me,
Congress he's no poncsT in the premises. II this
be not true it is Idle to speak Of State soveteisn-
y, within the sphere of rights and powers re-
.eIved TO the States.
Whom the militia laws declare that tbs only
Exemptions shsII De those spssi6sally named !
ein, shall il be said, that Cosgrss has the
ight to prescribe other exemptions 2 It so, It
we're as well that the militia laws, instsad Of
aiming particular sficers or classes who should
e exempted, should have declared that ell
houli be exempt whs might be 50 declared BE- :
cts Of Congress, ihsn in forcs, or which aaishs
afters7qTd passed IF so, tho lsxislatars had :
ettar at one, tspssi al militia laws thsy have :
assed, md invite Congress 70 take charge of
20 whole subject; for, to eoncede that All are
yeupt from militia duty, who are from COW =
Is TO surrender al juriedieton, IS BE-
re remarked, TO Congress. Tie principle ex. 1
.uded, necessarily leads 20 that result. !
1 conclude, therefore, that a. the c~onscript
nd exemption laws Of the Confederate Con
have 10 application TO the subieet-your
qaIies are answered, by referring to the ex- p
clauses in the oiginal and supplement ! Z
Z militia isFs, As furnishing lhe naaes Of all ?
10 ere exempt lrom militia duty. =
Very respectfully YOURS, 3
7. j. WHARTON, =
Attorney GeHsTaL
X
The Thirty-Efxhfa Haissias5epi.