Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1863-06-24
Judge Magrath's Decision.


We publish below the opinion of Judge Magrath,
Of h.Carolina, in the matter of Leopold Cohn,
in which he decides where persons liable to military
duty under the conscrption acts passed by the Con-
federate Congress, haYe placed substitutes in the
army, such persons are not liable after such SUBJ
stitution, to perform further military duty. Judge
Il sR sad tbs 5pfhian ~.s
being learned lawyer snd an able upright
Judge Wei have not heard that either the sound
ness Of HI. opinion or his loyalty has been ques-
toned at Richmond; nor have We heard of any
conflict gotten up by Mr. Secretary Seddon with
the Governor of South Carolina, in opposition to
this opinion Of Judge II. Recently, Chief Justice
Pearson and other Judges in this State have made
similar decisions and have discharged citizens un-
lawfully arrested by order Of the Secretary Of War
and these decisions, by Judges in this State, have
been made not only tho ground Of interference by
the Secretary with the rights and duties Of our
Judges, but our judiciary, our Governor, and the
sovereignty Of the State have been disregarded and
insulted by the 70 arrest by order of the Secretary
. of citizens thus discharged
But we have no room to-day for any extended
remarks suggested by this decision We may recur
to the subject in our next Meanwhile we invite
the attention Of our readers to the opinion which
We give below.
1t is the last clause of the following section of
General Order No. "a, issued from the Adjutant
and Inspector Generals Office at Richmond, on the
9Th Of September last that Judge Magrath adjudi.
Gates coid and which he declares the Secretary of
War had no power to make. This is the section
referred to-: @
Ill The reception of substitutes under eighteen
substitutes into partizan corps is prohibited, as is
also the reception Of substitutes into any company
not fully organized and received BY the department
sibstitute becoming io6le 10 coascription renders
Ais principal also liable, unless exempted on Other
grounda" See General Order No. "a, section j.
Important Decision,
.Re.enyoNins men aAo hape lsgally turnished sub.
stitytes, dscsared to be illegal and Without au-
In the Confederate Court, South. Carolina District
in the matter Of Leopold OdAna AagratA Jxdqe.
Leopold Cohn became subject to military service
under the conscripton act of the Confederate Con-
gress, approved 14th April 1869. = -
The 9th section of that act provided that persons
pot liable for duty may be received as substitutes
for those who are, under such regulations Is may.
be prescribed by the Secretary of War.
The Secretary of War, by an order through the
Adjutant and Inspector Generals office dated 26th
April, 1862, established the regulations which
would apply to substitutes: By compliance with
these regulations the person procuring the substi
tute was to be discharged when that substitute is
accepted and enrolled
The Gouscription ac.s approved 18th April, 1852,
called into service white men resident Of the Con.
fderste Ststes between the ages of and 35 years
at the time the call or calls may be made, who are
notlegslly exempted from military service.
By the amended conscription act approved 9th
September 1862 the President is aathorized>o call
out and place in the military service Of the Coufsd
crate States, for three years unless the war should
have sooner ended all white men who ara residents
of the Confederate S:ates between the ages of So
and 45 years. at the time the call or csllB may be
made; aud who are not at such time or times, le-
galy exempted from military setvica Such call or
calls to be made under the provisions and according
to the terms Of the act to which the act Of the 27th
September, 1862, Is an amendment,: se.
Leopold Cohp, liable to service under the act Of
thS 18th April 1862 complied with the regulations
Of the War Department issued By order Of the Sec
| retsry of War furnished substitute who was ac-
cepted enrolled and mustered in for three years. un
less the war shall have been sooner ended A dis.
charge was therefore given to the said Leopold
Oohn. + II
The substitute 50 accepted was not subject to The
cAll or calls which might be naade Under The act Of
the 10th April, 1863 But if not already in the
military service ii tie eoafsdGste satea hsxho's