Washington telegraph. [volume] (Washington, Ark.) 1839-1871, 1863-04-15
new CoNsrRucrIoN on nae ExENrrIoN Acr.

variance with the meaning obvions to the COM
mon comprehension, as the Exemption Act Of
the last Congress.
If our War Department has not erred in its
construction, it reminds Us Of the old Delphic
oracles, which generally seemed to say one
thing plainly enough but by abstruse construc-
ton were made capable Of meaning Just the re-
verse. The oracle was sure to be right, and
thus sustained its character, but became Of
small use as a guide 10 the future.
We have spent the best part Of our life in
the practice of constituting statutes, and be-
fore judges learned in the law, have heen pretty
well satisfied with our skill that way, but we
give up all rretensions henceforth. We fee
like fool in the Trans Mississippi Department.
whenever we try to find out what Congress
meant by the Exemption Act, and after being
thoroughly satisfied, find orders issued just
the reverse.
We pass over that matter of the State law
requiring one person to remain on each planta
ton with slaves All that has been sufficient
ly discussed, and the community has acques-
ced in the military orders. But We really can
not understand any part Of the act apparently,
even with the aid of the exposition, and rule
of construction furnished by the Secretary Of
War.
At first it was supposed that the exemptions
applied to all persons included in the last
Conscript Act: those between the ages Of Is
and IS, who might be called into service by
the President. Under the orders first issue a
to the enrolling officer here Capt. Ferguson, }
it was so applied. and owners and agents on
p antations were granted exemptions irrespec
tive of age. 1t is due the officer, however, to
mention in passing, that in doing this he obey
ed orders-his own construction Of the act be-
ing that the exemption for overseers only ap-
| Piled to those who were over thirty-fve.
This proved correct, and new orders enema
ting from the Secretary Of War, revoked all
exemptions of oyerseers under till ty five
Although this is not the natural and obvious
reading of the act, we can follow the reasoning
Of the Secretary, and approve Of bis conclusion.
1t was published by u in the paper before tile
last in our synopsis Of hi report, and amounts
to this. That the last exemption law was not
| retroactive-in other words did not 70 back
and release from military service any one Al
ready il, but applied only ~ those who were
called in by the second conscript act. That
overseers not being exempted by the first act,
all Of them under 30 were considered already
in the service by force Of Ans act, and were not
therefore released BY tie subsequent act crea-
ting the new exemption. leaving II only To oper-
ate upon those who were over 3D.. anil conse-
quently not before in the service, in legal CON
templa lion. This was Ineligible ami acqui-
escei in without a murmlr. being rather ap-
p.auled 10y the community ~ whom chs over
seer's exemption Is odious.
But we have now y Sill later ut NJ Orders,
which puzzle Us entirely, ana make u give il
~.
Under the Secretary's decision, All exempts
by the first act, for whom Ike exemption WY.
granted 10y the second act. never having been
in the service at all, we're clearly not liable a.
be taken. Tie second act repeats The first and
is substituted for ii. There never W.- " m9
meHJ, ion instance. In which % preacher have
ing congregation WAS liable to mil. tary -cr-
vice. He was exempt by the first act. 4 new
call is made. ofaH between IT, 4j ,uat between
IS and 45j and with that an exemption uct
passed to apply t. aH within thrt cill. The
act expressly excmpr- preachers. aud many
other persons. wuo were before exempt ly Jaw
never liable % service. aui unt requiring
any retroactive operation c. tae law. If our
Congress had Intended 4 exempt preachers. We
do not conceive what other language wy could
have used.
But now, after siz months of the operation
OF the Law, ind r this construction, new orders
have been received from headquarters ~ our
enrolling officer. 10 call back and send 10 the
camp OF instruction all persons whatever un-
der 35 and physically able, and for them 10
e1elp'ious igLaterer are allowed
We thi.k it proper to mention this that the
people may decide for themselves, under prop
er advice, whether the action Of our authori-
ties is arbitrary, " sustained ~ law. ~ the
former, it is proper that the legitimate means
Of redress be used. if the latter. the enquiry
viii result in a deeper satisfaction and more
ready compliance. We confess that II ID eau
be done, would like to zee the Conscr int
and Exemption laws taken together, construed
by some of our superior Courts Our Judges
usually give the reasons ana arguments f1r
their decisions, which military men do not
take the trouble to do. If that were done, it
would on the one hand prevent arbitrary or-
ders for we suppose no general would set the
judiciary at Defiance and On the other repress
all murmuring and dissatisfaction amongst the
people. Military generally seek courts {
enquiry when their military conduct il ques-
toned. 1t seems singular that the same sens
itiveness does not urge them to sustain them
selves by judicial authority, whenever their
construction of the laws and constitution rive
any considerable dissatisfaction.
LATEST FROM TENNEssEE-W clip
the following from the Caddo Gazette Of
the 1th:
Chattanooga, April 2.-The gunboats
on the Tennessee have been driven back
by our sharp-shooters; two. iron clads en-
| deavored to land at Tuscumbia this MORN