The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1863-10-14

that this is done by the act of the last SEES
sion entitled "an act in relation to the mi
li,ia and for home defence !" which act and
the act,. to punish aiders asd abet,ors Of
deseriers" were ratified al the same time,
9TH july, 1863. aud are to be construed to-
gether. So, the question depends upon
the meaning and proper construction Of
these two statutes. gst,4 VI
At the meeting OF the Legislature two
questions were pending: FIRST. Congress
in its wisdom having allowed substitution
and many other exemptions from the coa-
scripnon acts, was il in the power Of the
President, by calling upon the State for its
quota of militia, to subject the persons so
exempted as conscripts TO military duty as
militia: Second. had the Governor au.
thority to require the militia 10, arrest con-
scripts and deserters from the Confederate
armyf By the first section Of the act "in
relation to the militia and aguard for home
defence" the first problem was solved,
and il is enacted that all persons exempted
as csnscripts shall be likewise exemp pted
from service as militia. By the third sec
tion Of the act Ito punish aiders aad abet-
tors Of deserters," il is enacted that the
Governor may require the militia 20 arrest
deserters and conscripts; thus SOLVING the
second problem, by authoriziag the Go.
,ernor to call out the remnant OF the mill
TIA, that is. those not exempted from mill
tia duty. 10 perform a part of the duty oil
Confrdrra,e soldiers, 10 wit, the officers ei
the militia and the men between 40 and IS
who had not then been called for as con-
scripts.
10 order, however, 10 provide for home
defence. the Legislature assumed the pow.
er Of making Stale conseripfisn. Whether
the Legislature had the power TO do so, is
question Into which IL Is not necessary to
enter. The power Is expressly assumed,
and il does nut become a coordinate
brsnch of the State government to decide
upon ;t. unless IL be necessary to do so IN
order. to dispose Of a case before IL. So, il
NAV be grated that The Legislature had
power TO organize for home defence mil
iiary body composed Of the remnant Of the
militia. the exempts and persons over the
age. liable 10 militia duty. Ii is very GER
tain that In doing %. the intention was to
make this new body wholly distinct. aud
different from the militia. Persons exempt
from militia duty are included. new COM
panies are formed. new eiicers appointed
LIN fact every thing is different, u IS a
new oreanization--a State conscription
made for two special purposes. /" TO be call
ed ont against invasion and 10 osuppress ln-
corrections 3 section6. And special care
i taken 10 distinguish this new body from
militia, for otherwise they might. under
the constitution. be called for By the Con.
iederate States. Upon shichground then,
can il be insisted, that the Governor is an.
ihorized TO require this newly organized
body and peculiar State institution 70 per-
form a part oi the duty oi Confederate sol.
ldi,ri II is said. the authority follows a
n consequence Of the military organization,
cannot see the force ofthe argument IN
the set declaring the special purposes Tor
which this new organization y made. "
such authority Is expressly given to Inc
ll;o,ernor-ihe power nt the Legislature Il
e.nler IL. even il such had been the Iuten.
iion, Is by no mrans clear, and "a We sfe
40, at liberty by implication to lnier thai
such was the intention, aud the act "tt
punish aidrrs and abciiers Of ,lcserters
puts the matter. a. il seems TO me, out o.
The range of discussion, By expressly du
ihorising the Governor TO use ne miiifIa y
arrest deserters aud conscripts. thereby ex'
eluding. as plainly as words could do II
any authority to require such service q
this new organization-the State conscriipts.
Home Guard. Erpressio unius ereiusit
aiierius is we'll established rule Of con
struction which The courts are not at ~
berty 10 disregard, and its ssundness. wher
the object is 10 ascertain the intention O
the Legislature and neither 10 fall short o
i il or to 20 beyond il, is fully illustrated by
this case. SO. the two statutes relied OF
as confirming the authority ofthe Governor