Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1863-02-11

Re EaTOtBng Men j110 RG5s Le50ity EMAisHs-
Substitutes Declared to be Ntege! and Esl'ota
AutEOrity.
From the CHARLESTON Courier.l
Iu the Coufaderate court, South Carolina dis
trict. in tie matter Of Leopold Cohn Magrsth,
Judge. Leopold Cohn, became subject to mill
tary service under the conseription act OF the
Confederate Congress; approved l4th April
1862.
The 9th section of that act provided, that per
sons not liable for duty may be received as sub
stitusss for those who are, under such reguia-
tions as may be prescribed by the Secretary Of
war.
The Secretary Of War, by an order through
the A6jutant and Inspector Generals otleei
dated 26th April, 1862, established the Fazula-
tions which would apply to substitutes. BY
compliance with these regulations, the person
procuring the substitute, was to be disehsEgsdi
when that substitste is accepted and enrolled.
Tbs eonscription act, approved l6sh April,
1862. called iato service, white men residents OF
the Confederate States, between the ages OF
eighteen and thirty-fve years, st tho time the
call or calls may be made, who are not legally
exempted from military service.
By the amended conscripsiOn act, approved
/ 9th September, 1852, the President IS author
ized 10 call out aud place in the military service
Of the Confederate States, for three years, unless
| the war shOuld have sooner ended, all white men
who are residents of the Confederate States, oe-
tween the ages of thiTty-fVe aud f0rty-hFe years,
At the time the call or calls may be made and
/ who are not st such time or times, legally e1-
empted from military service. Such cal or calls
/ 70 be made under the provisions end according
/ t. the terms Of the act to which the act OF tbs
I 9th September. 1862, is an amendment.
/ Leopold Cohn, liable to service under the act
1 of the 18th April 1862, complied with the Tsgu-
/ lations Of the War Department, issued by order
/ of the Secretary Of War furnished = substitute
/ who was accepted, enrolled and mustered in for
I three years, unless the war shall have been
/ sooner ended A discharge was therefore given
/ TO the said Leopold COhn.
The substitute SO accepted was not subject to
the call or calls which might be made under the
act of the 10Th April, 1862. But if not already
in the military service of the Confederate States
he would be subject to the call or calls TO be
made under the act of the 27th Of September
1862. It's claimed by the enrolling officers
under general orders No Ga, dated 5th Septem-
Der. 1852. that in consequences Of the substitute
being within the class of persons, upon whom
the call OF calls under the act Of the 24th Sep
tember, 1862. is to be made, be no longer an
svers the requirements of valid substitute
; fhat the discharge heretofore given to LeOpolC
} Cohn is invalid and that he is noW subject I,
military service under the act OF the 10th Apnl
J 1862
Congress has that large power, conveyed IL
the grant to It, to raise ernies and provide rule
, for The government Of the land and nsya
forces, by which it can deal With the question
3 at issue, IL such manner as it shall deem bes
Z for the public welfare. Wba.oyeT may be th
effect of the order Of the Secretary Of War
, cancslling the discharge Of Leopold Cohn, ther
is no doubt Of the power Of Congress to do 80
t Had Congress passed special act concerning
8 s1bstitutes, il was competent for that body 9
repeal it, or TO anRul or qualify the discharge
@ which had been obtained under it. The per
g mission By Congress in such cases, given to IN
g dividuals TO substitute stheTs Tor the perform
z ance of the military ReFvice required ef then
t | cannot be considered a contract between th
g government, which It may st any siGe, modh
+ OF exsinguish. ARd the ike power u, II m
+ opinion, vested in the President Of she Confed
2 eTafs States As Commander IN Chief OF tn
e Army. unless restrained by the action Of Coz
y ersss, he may, upon consideration Of public ne
e cessitv. call apon those 70 perform military sci
p vice who have beea declared liable 10 this dutl
= but have been excused from OF INDUCED IN L
IS exercise.
% But that which distinguishes this case, Is thl
u Congress has delegated to an officer OF the goI
d eminent. the SecrslarY of War, the pewer to Pr
ar scribe the regulations under which substitute
st may. be received. These regulations have bee
e prescribed, the substitutes have been reeelTe
% under them, and the question IN the case i
d whether the Secretary of War has the same cor
ID trolling poWer over the matter As belongs
y Congress or could be exercised BY the Preeiden
er The question appears to be thus presented, b.
L ean,s Il cannot be maintained that any act
so Copgress has been passed, destroying the Pm
fe ;lsgs which has been secured by those who bar
IS ba3 substitutes accepted for them Nor IS the.
k snv order Of the President BY him direct
as rasds. callisg into military service those VI
of beve been thus exempted. Nor is the order OF 81
BY Secretary of War eanceling discharges ner
oft tafors Granted to be referred to any ether sour
for itz authority than the 8th section or the
enpYoved 10Th April 1862. TIE Secretary
Wa having acted in the matter under the q
rsce authority Of this act, viii be presumed
"A have continued the exercise Of bis power und
Of the same source. T. 3.
n Tdo no consider the act approved 2Ith OF Se
Ms tamher. 1867, as requiring OF supporting the
n6 iier Of the Secretary Of War, winch Yoiqs
ms discharge property obtained because = subs
fnts. when accepted, net liable to military 81
hs viee. may subsequently become so By the p
a,r visions Of another act. If the act Of tho y
Ili- of ssuterher, 1862, was intended 70 invalidl
to the discharges which had been lawfully obts
lie ed by eomplianeswith tho regulations present.
Of by the Secretary Of War, i is reasonable