Washington telegraph., 1863-01-28
IMroRrANr DECISION -E.eea

| IMPORTANT IE-lSiVk - E-ceHi pfsnH
Luic Coa,irar{ - Ihy toiIuS1ug deei> ion
was rendered by IIon. y z. Page, JUICE
of tie County Court w Hampstead g.,
upon writ n llabvr, CrPl- returned
to him in chambers % The 2lst. The
facts are contained 10 the decision.
The case was fully argued By Gen.
Gantt and J. Whitmore, Esq~., fur the
applicant aud b. Capt. Elijah Ferguson
the enrolling officer, and Hon. Alb. vii.
liams fer the respondent. The deci sion
was reserved for "a hours and rendered
upon The most careful ard anxious con,
siderarion.
Thi. i an application to be released from
the custody Of the Enrolling Officer Of Hemn-
stead county who claims the petitioner AZ 4
conscript aud Restraints him a. liable Ia do
military service, and not exempt by existin q
laws.
| The facts in the case, as admitted by the mar
ties. are-that petitioner, a resident Of Hemp-
stead county. Ark, was, on the llth day ~
October 1862, and sull j., the owner and
manager Of a plantation, on which there ar.
and were, on the It'll day of October ten ue
| gro slaves; and upon which there was ~,
| then nor is now. any white male adult NOT n.
able to DO military duty, or otherwise. II i
now admitted that defendant Ferguson holds
petit Toner n a conscript, and refuses 70 exemn,
him.
Tie Court enters upon the law applicah q
TO the state Of facts. impressed with the irDnn-
! 4 81 u ~ Of q Il, &,
upon to perform The duty ID the Confidence
10 see that no man avoids military service M \
due responsibility TO hi. Government: and Ia the
citizen, to Sc that no one Is illegally restrained
Of his liberty. without due coui " or Law nor
forced IN ~ the army by the executors Of the
law, ifinfended 10 be exempt by the law-mal,ino
pcwe:.
BY the act of llth Of October. 1850 Con.
gress, after a long list of exemption. ,bus cop-
tinues: - To secure the proper poliec ~ III,
country. one person, either ~ agent owner
or oyerseer, On each plantation on which one
white person is required 70 be kent by the
laws or ordinan ces Of any State. and on which
there - no white male adult not liable TO do
military service"
Let us first endeavor to understand the mean
ing Of this exemption. 1t seems to be obvious.
and admitting Of no ambiguity. What is meant
seer Ii clearly means one conscript. That il.
one person between the ages of eighteen and
forty-fve, otherwise liable to military service.
Ii intends to exempt him unless there is some
'chite male adult nat liable to military service. on
said plantation. This portion of the act apple.
to those plantations " on which one white per.
son is required to be kept by the laws or or.
dinances Of any State" In such cases. the
number OF slaves is not limited, but is clearl,
left to be governed by the State law. where
one exists.
The same act thus continues: Sand in
States hGriHg no such LaV, one person. (meaninr
one conscript,) shall be exempt as agent
owner or overseer. on each plantation of twent,
negroes, and on which there is no white male
| adult, not liable TO military service. And fur.
thermore, for additional police, for every tvent,
| negroes, on two or more plantations, within ivl
| miles Of each other, and each having Tess thar