The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1862-09-25

act Of Congress II is perfactIy plain that the sx-
press languages ri the hill iactnded "all persous
and a. expressly excluded 4ail persons" not
braced In those sses The terms Of the law are
express It's scope, design, and purpose, are ~
clear ~ language can express any Idea Whatever
strued away. Bnt need not argne this point for,
To 6onbt H. shOnId bn contradict and deny the
press language of the honorable Seere tary at War.
in bis letter 10 Governor Car1. OF North Carolina.
My long acquaintance With, and high psrsonal re-
gard for, the honorable Secretary at Wis., would
forbid great rddeness, it, indeed. were Dot
strained by the ordinary eourts sizes of life.
II il tue, the honorable Secretary 1ffeTn1yds
caused to be issued general orders No. Al and 40,
each of which ran counter to the act, and did not
eomport with his declarations to Governor Clark
But II Is not for to eompose and reconcile those
discrepancies. ! respectfully for them 10 your
honorable body. make donbt that each ,net.i-
Der will discern the path If dAfy, from The styges
tons Of inclination. aud. where any conflict oc-
ours between the tan md dsse ordsrc. he will, at
least, give the law its proper weight, in tie seal,
OF Legislative Justice. may here remark in anti
cipAtion OF ANY learned objrc'oa, vel. as ia
aver 20 The report OF ths learned committee, that
ysn. raj ordsr No 40 was III plain, affirmative,
thoritatye contradiction 10 tie express expositioLs
by tbs honorable Secretary AT War, Ct the Con
script Act ss promulgated by himself as 10 the II
months men. In the trpoSifton. AZ well in his
letter TO Gov. Clark he distinctly announced 10
that patriotic branch Of the army that they should
all BE- disctarSsd on the 10th July. In general or
der No. 46 he aufhoritatiyely 0Tdsyed that they
should be discharged until ninety days after tie
ex )ation OF the period Of their enlistment and
consequently they were so held 10 service.
Before disiuissng this point, allow me 10 call
your attention to the terms used in the Consefipt
Act No. one; for il seems your honorable body 10
Leary prolific ia Conscripi acts rs The honorable
Secretary is In orders. 1t is to be hoped you will
not be less o0asstsnt II | am not missed by my
recollection Oh the usual and ordinary rules OF
s,ructiou, it Ia a cardinal rule that tie Legislature
.sn oil LSxf O96
dearest terms kn0wa 10 the English iangu dgs to
vey their meaning Under this rule. may ask, in
all respect what in the legal import Of the words
persons aforesaid applied 90 the 10 year
aud 'al persons now enrolled" &c, AZ applied TO
those men over % aud under IL years Of age The
distinction isnot without a difference. What that
difference is defereniialiy refer TO the wisdom Of
your hunola able body IL will doubtless meet, as IT.
merits a clear aud precise legislative exposition,
Ii all correct In the views here expire. sed. and
distinctly thrown cut In the Petition, allow Ine in
all respect to call your especial attention TO the pro-
visions Of Conscrpt act No. fA1. BY the operation
Of general order No 40. as expoinlded by rhe
honorable committee all retained in the
vice % years OF age, even though they To
sixty years OF age are kept ia service. BY the
R0nc0n Turning vote OF the Senate, all boys. though
only twelve years III age, are retained Totop the
climax, the bill which has pass your honorable
body requires the States To furnish when called on
to do by the President, every male citizen, sub
lect II military duiy under ths fss Of - gears Com
piIte all the 59gs retained by the Senate, and all
the men over = years held by general order No.
3G, and all tie men under a. years claimed by
Couscript act No. iao, and how many lien o. boys
will be lett The calculation IL worthy of your
attention Reduced TO ngures, yoG viii have
drained the entire ecnotry, utterly destroyed tie
LASTS vi militia organization, aud well nigh deI0p
lla'ed he country.
When trst isad CousoTipt at No tlaa. IL oclus
red me ~ Iair sugge ion, that IL the de
sign vi your honorable body TO geiisrs, ty prompt
discharge all Een over - years OK sge. la older
that each Stale might te 10 Ate al prelar alon
10 meet The demands OF the President ior over
T.. and under l., years OF aga. Indeed / Cot
sure that ibis 10 not tie design 81 YouT honorable
body. toI otherwise, il must seam to every re-
Meeting Mini thai i. will be most unreasonable
draft the 2 es. To illustrate. say there Is
fiva pei 81 the population a yeats o. age
in the army that Is rt,aUsd The President calls
On the State. for draft Of III per cant OF This popa
sation aer5 you draw on this brandt ~ s4dhatTg
cad home dfisa.s Tor unjas proportion
But why hold Oh 10 Den e-sr ~, now ~ sfrnirs
and relieve niea OF similar age who are Uf 81
From these views, thus oruiely expressed in tho
hurry pressing engagements, IL occurs TO icy NJ
that the ahiy pay IL sGSta!a ffh taHig hF objects
~ As supplemental Co1S.5:p aa is 40 caTyy 0af ia
so9R faiA Tie Y5o01si0as Of he frsr dSt And this
respectfully ash you to d.. - al honorable man.
] r..D g. h nothing irss.
offer you my -inceSe apologies for tLua bringing
to yonI notice The claims o. hy e.ients The report
If your honorable committee preciddes nom
any oth,f course. The obligations ~ professional
honor viii not aoI entire sleLce- | represent
lass vi men trae IS they aie brave - LOS al
they are PATRIOTS they uAty All ior the,r iishts
They aic slsFniy opposed ID every 5peties q -s,s
iatiye ur executive tyranny they are devoted 10
the taA s5 ~ " bch We are ali deeply inscl7ed
they are tauBhtty The blood ahd ,Afuage ui i1aas
veil fdu ghi battle thai Ih- level ii liberty Is
even more precious than liie bat he y Gil aAd
worn, II mast bs respected m iotH F5ac
I'll that hsvs fallen AOpf-! Stqneath il ti.eiI
posterty, ard those That survive c2fha sHgg "a
,.0.Ssss n That lever" is--pgrd0n the exp3es
Son, ! ojf=uce--S.aies rtEets ahfcia5s ::
~39l az GgRs aR@ ssi iGa9s fairly administered,
Ny clients arc moi intorea. ed iAis matter
than are tto different States For - eu your LQu,
oiabie body shall disregard the vested tight, of le
citizen, II is easy and rapid sep disregard hs
there is NOT the highest regard ioF ihe ia'es exist
that no sneh sentimsnt prevails IL the brea8l OF any
member 81 yoar honorable body. TO suggest eRee
I'LL idea would be t. iutilnats the existence OF Il
purpose tre..s0Ha6!c a. constitutional ltafTsy ii
Sh6tffS3cs " Institutional fr6ei0Ea The poser
wherever il exists. Or by wlomgoevsr IL sought
10 DC exercised, which strikes ~ the eaeeTsisntb Of
ihs SAFES, vii; 'Ail Of lis pnTp.s and t into
that stale Of mental, moral, sud governmental de
cafieAco, which now hangs like Il pail over ,hs
Northern mind aud heart. As we cherish this pru
eipie and practically eueiiae II in q just gard
for personal liberty and vested rights will
hold up beacon light TO lead bsck peace, and AZ
ter that, constitutional jrrt4 ieolmit the case of
my clients 10 your honorable body, and subscribe
myself Your ob'dt sers;.
JOHN H. uILMER
Richmond, Sept ~, 1862
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