Richmond Whig. [volume] (Richmond, Va.) 1862-1865, 1863-11-14
GOV. BROWN ON SUBSTITUTION IN TEE ARMY
AND IhPRESSMENTS


In his late annual message TO the Legislature, Gov
Brown, Of Georgia after recommending the passage Of
resolution instructing the Senator's and Representa-
tives in Congress from Georgia to vote for and urge
the repeal Of that part of the oOnscrpt act suhOrzcg
the employment OF substitutes, argues tsG OF
the power Of Congress to make the change. lie says
Butt. may be denied that the Government can now
40 change he law as to make those who have furnished
substitae e. liable to service, t bound by lis con-
tract TO exempt them and they have acquired vested
rights under the contract which it Is not in the power
Of the Government dvest. Let Us examine thus Tor
a moment purchase q lot of land from the State OF
Georgia. and pay her one thousand dollars for It, and
sSe c1nveys Il 70 me BY grant under her great seal
The con raet Is as solemn and binding the Govern
meut can make It. Ny fee simple title is vested and
complete Bot while l have the grant in my pocket
aid she State has my money in her treasury &c Is oil
covered that public necessity requires the State TO re-
pjs es herself Of tie land; sell to her; sbe
nsy pay just compensation and take the land With
out nv consents she violates no fundamental principle
a. all our privsts rights yield to the public good
ana il ured, We can only require just cOmpsn
sation for the Injury.
Again. suppose have labore1 hard and made upon
nv land q surplus of provisions, which a'e my Own
right and property and refuse TO sell them % the gov
when che army in need OF them; may take
them without nv consent and pay me just cOnpensa-
tou AMI have been deprived Of none OF my cOnstitu
tioBsl rights
The right o. person who has employed substitu-
tuts 70 DC exempt from military service certainly
stand upon no higher ground. The government La
extended to such persons the privilege of exemption
upon the employment of oper substitute but if the
public safety requires it the COVER ment certainly has
ss much right 10 this pIiV 60 it has to take
from my land or my provisions, or other properly
forplblc Use and all the person who employed subs
tute could dsmaad would be just compensation for
the irjury. The measure of damages might be the
amonns paid by the principal for his substitute, less
a iast Iro rata for the time the substitute has
served; and upon the payment OF, the dam
age the just compensation for IL, the govern
ment would have the right retain the substitute as
vel ss the principal in service, the substitute has
been PAID by the principal for the service and the prn
cptl Gas been compensated Tor the damage dote him
BY ordering him into service. IL would be eompesent
however, 10 estimating the damages in such case to
Jake into account the interest the principal has IN
the SUCCESS OF our cause and the establishment o. IT,
depend necessary the perpeltutes OF his hoer
ties add The sscudtY OF his rights. IL would also be
competent TO quire whether he has indeed suffered
any pecun loss If he has paid three thousand dol
as for substitute aud has been kept out OF the arny
for that for wear, and during that time he has
made thousand dOlas more by speculation or other
Wse he would have made had be been ia the amy
at eeVea dollars per month the actual amount Of COM
pensation due from the Government 70 him might be
very snail indeed If anything.
Ia regard to unlawful imprcssments he says:
As all efforts 10 procure the suppression OF this syf-
TEN Of neral robbery and plundering in. portion of
the State almost destitute Of supplies, has .sied,
deem it the duty Of the Legislature TO take the matter
into It's own bands aid protect its own people.
To this end, l recommend the passage OF law max
ing h felony, TO DO punished by years impdso msnt
10 tie peui.enaEy for any person claiming 90 act as
Confederate officer agent TO impress the properly Of
any citizen Of this State in violation OF the act of
gress or TO refuse allow the citizen all tie rights
gwen BY the act of Congress. And II any person
Should profess to be officer agent Of ths Govern
men', With poser TO IKE 'mptessmeote who has not
euch authority recommend that the act make il the
duty the TO such Persons 70 receive
thirty nine lsshes upou his bare bscs, sndto be i'm
prisoned years in the pententiary. also recon
mend that the Law be changed to make is felony in
any eommssary Quarteraster 70 send an oth er or
agent into any county In the State to mske impress
ments until ne has published the and description
OF such officer, with the nature OF his powers, IN
newspaper having general circulation in the county,
or by posting such advertisement upon the doorO the
cpurthouse and three Of The most public places in
he county.