Washington telegraph., 1863-06-03


HABEAs CoRPUs- Case of LoreH-We have
receive ], through Col. B. =. Danley, a copy of
the opinion of Hon. Daniel Ringo, Judge of
the District Court, c. s., at Little Rock, in the
case of Jason Lowell. Petitioner was citizen
of Pulaski county, % years of age. His name
was enrolled as a conscript by the proper Off
| Ger of said county, under the act of April 16,
1862. some time in June last. 1t does not APP
pear whether or not the enrolment was made
| with the knowledge or consent of petitioner
During the same month. he Joined a volunteer
company being raised under authority of the
general then commanding this department
The company failed to perfect its organization,
and petitioner with several other of its mem
bers, proceeded to Pine Bluff in the early part
of July, and there joined a company under
command of Capt. Cobb, made up of men en-
listed for three years or during the war. He
remained with this co mpany, doing duty as n
private. for short time. then obtained fur
Tough, went home, and at the expiration of his
furlough, rejoined the company a: Little Rock,
where it then formed part of the regiment com
of July he left the regiment and never returned
until arrested by order of Col. Danley COM
mandant of conscripts, and delivered over to
Col. Morgan. At the time of joining Cobb's
company, nor at any time afterwards, had Pc
titioner taken the oath prescribed by the act
for establishing rules and articles for the gov
eminent of the armies of the Confederate States
Meanwhile, the 9th of October, S62, he
was duly elected justice of the peace for Pu-
laski county, commissioned on the 18th, and
took the oath Of Office as such officer.
Upon this state of facts, the petitioner was
remanded to the custody of Col. Morgan, as
liable to service The following points, raised
in the case. were decided.
!. The series of acts of Congress raising
armies by CONSUMPTION, and defining exemp-
tons, are taken without question as consti-
tutional.
2. The forces thus raised are controlled and
directed exclusively by Congress, which has
the power TO designate the class of persons
liable to military duty and the exemptions to
be allowed, without regard to the militia laws
of State, or exeml ,tioBs under State authority
3. The enrolment of the name of q party
within conscript age, is properly made without
his will. He is bound to service by the act of
Congress.
4. Although persons within the scope of the
conscript act of April &c. 1862, could only join
volunteer companies in process of organization
Il &c Al, N
thirty days from the passage of the act, or any
volunteer company then existing, at any time
be fore enrolment; and although..the company
of Cobb was raised under an assumed authority
from the general commanding to receive per-
sons subject to CONSUMPTION, yet this illegality
is cured by act of Congress of October III, 1862.
inasmuch as the company had been organized
in regiment. Said act authorizes the Pres-
regiments which had been organized in good
faith prior to the LIST day of October, 1862,
under authority or by direction of the Secretary
of War; or any general officer Of the government,
although composed in part of persons between
the ages of Is and 81 years" This act goes
by relation to the beginning of all such Or
CARNATIONS, and legalizes all acts done in their
progress and completion.
5. The oath required by the rules and articles
of war is only duty imposed, and forms no
part Of the contract of service. A person is
bound to service, by enrolment or voluntary
enlistment. without the OATH
g. No subsequent election, appo mime nj
to any office under State authority, has, by
law. the effect to discharge from the army OF
the Confederate States any person legally in
it. during the period for which he is bound to
serve therein. If liable to service under the
different conscript acts, the party m ust show
some cause of exemption under the laws Of
Congress to be released.
7. The exemption act of April 81, 1862,
alone applies to persons between the ages of ls
and IS. The last exemption act applies to
persons over 30.
For the Telegraph
As we are on the eve of another Congressional