The Alleghanian. [volume] (Ebensburg, Pa.) 1859-1865, 1863-02-05
so few letters being sent home by the


day has charge Of us. This is right we
were sadly in need of a commander
It would be good policy, furthermore, to
fill all the vacant posts in the regiment
At present we have but five line and two
field officers. The effective force of the
regiment is but 225 men.
Sergt. VIM w. Evans, Richard Davis
and VIM. w. Davis, of our company, were
wounded and taken prisoners at the battle
of Fredericksburg. They were taken to
Libby Prison, at Richmond From some
of our regiment who have lately been re-
leased, we learn that Sergt. Evans was
wounded in left leg, and that Davis
most likely VIM. W. Davis had died
there.
AS an item of general information, l
should not forget to mention that our
regiment has not been paid off for eleuen
months! OF course, soldiers, as general
thing, don't need uery much money; but
then, it Is quite convenient to have little
of the article in your pocket-enongh
that you may be able to resent the impu-
tation of being ''dead broke" Besides, a
large proportion Of the soldiers here have
families at home, who are dependant on
Uncle Sans remittances for subsistence.
| see it stated in the papers that Paymas-
ters, with their "pockets full of rocks" :"
are bobbing around in all directions.-
That they, in their perambulations may
not fail to come across the Pennsylvania
Reserves and that shortly-is the prayer,
night and morning, of d.
publish decision, rendered by Judge
Taylor, ia the Common Pleas of this
county: which is oe the utmost importance
to the public in general and soldiers in
particular. We are indebted to L. S.
Noon, Esq, for copy thereof
In THE Court OF COMMON PLEAS OF CAM
BRIA COUNTY:
The School District Of Washington To,cnship
as. John BroleR. No. %, Sept Term, IS62-
Al. Vend. E1.
Rule to shew cause why Writ should not
be stayed, the Defendant being in the service
of the United States.
Per cur. Jany. Z, 1868
1t is admitted that the defendant is in the
army of the United States, in the three years
volunteer service. The Act of I'd April, Il 822
provides that 'ino execution or other process
shall issue against any officer, non-commis-
stoned officer or private of the militia, when
called into actual service under a requisition
from the President Of the United States, or
in pursuance of the orders of the Governor of
this Commonwealth nor shall any such pro-
cess issue against him until thirty days after
he shall have returned from duty to his usual
place Of residence, or until forty days after he
shall have beer discharged
We are reminded that this Act has been
held in one of the judicial districts of this
State, upon the authority and reasoning of
class of decisions which deny to the Legisla-
ture the right or power to deprive plaintiff
of the fruits of his judgment, to grant a
defendant a stay of execution for iHagfHtte
period. The want of power is not made 10
depend upon the length Of the period, but
upon the uncertainty Of its duration or ter
mination. With respect, however, to two
classes of State militia, or volunteers in the
service, the drafted militia and nine months
volunteers. the period of service is fixed and
definite. Those who volunteered for three
years or during the understood to
have engaged in the service, like the enlisted
men in the regular army, for three years !;
which period may be shortened by termi-
nation of the war within that time. Other
wise the period is no less definite than that
for which the nine months men have engaged
to serve. 1t is an enlistment for three years,
with the chance of an earlier discharge upon
a contingency. The obligation is to serve
the definite period of three years if the ext
gencies of the service require. We do not,
therefore, think it throwing more than n
doubt in favor of men who have left their
homes and business and are perling their
lives for the cause OF their country to look to
the obligation in constituting and applying
the statute, so to give them the benefit of
the exemption which it provides. This view
of the point, moreover, avoids the incongruity
of adopting IA different rule for two classes Of
men-those engaged in the nine months and
those engaged in the three gears service
standing in equal merit. 1t recognizes, also.
the very strong merit of those who may claim
the benefit of this patriotic and bereficent
enactment-the motive which prompted TO
the passage of the original Act, and which is
eyinced by the Legislature in the passage Of
the kindred supplementary Act of lth April
1862. Every one-who may justly claim the
protection of this law has merit in his claim
which should not think, be disregarded
upon a mere doubt or scruple as to the con-
stitutonal power of the Legislature to grant
him such protection. The rule is. therefore
made absolute. BY the Court.1
New PAPER.-A new paper, to be
called the .JoInsfoun Democrat, is to be
established in Johnstown about the mid
die of the present month. j. +. Camp
bell, formerly of the Blairsville Record,
and more recently of the Greensburg Re
rna,LLicnn will he the editor Va III l.