Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1863-12-31
MISSING.
THE SUBSTITUTE LAW

pensation TO the principals is contained in the bill pass
cd by the House, does any such provision appear
to be contemplated. What the action oil the senate
will be is not definitely known, but nom tne tone OF
that body it is evident that to ali ntents and purposes
it will coincide With tt at Of the House.
AS things have turned out, it is apparent that
1t would have been better had substitute law ever
been passed by Congress. The thing has not worked
WELL for sundry reasons. But these reasons were not
apparent when the law passed, or they did not
present themselves with the same force that they do
now 1t may be that the length and intensity OF the
struggle rot anticipated the necessity for
bringing every into the field. Indeed, we al
know that these things not anticipated when the
substitute laws were passed And it may have been
that many of the abuses to which substitution has
given riee unforeseen rot duly estimated Dy
Congress.
But laws passed. and these laws permitted ana
authorized any able bodied person beyond the ccnscrpt
age be received in place Of any person within that
age and liable to conscrption condition of subati
tuition being that the substitute himself should not be
liable, for if liable he would himself be principal,
and called upon to do military duty on his own &C
count.
Substitutes have generally turned out to be very poor
aodes, and large proportion Of them have been and
probably deserters. The principals accused Of
takn advantage Of the exemption obtained by the pur-
chase Of substitutes to engage in speculation and ez
toron to the injury Of the country and at the expense
of those in service aud to the ruin of their families
This latter belief songy entertained in the army and
it naturally gives rise feelings of indignation against
the parties who suspected of acting in this unpatr
otto er and Of Oppoaiton to al laws In virtue OF
which they enjoy the opportunity OF so acting.
The action of the HoHse alluded to 10 the opening
paragraph of this article, hasty aud sweeping as 1t
to u.s. has evidently think, been rushed thrJugh
obedierCe to- and by way of earnest Precipitation ot
this demand and feeling il the army Put In the spec
ulatoa-make law that will reach the class that
so about seeking whom they may davour, ard so on
The cry for strong measures aud the House went
strong, and tie Senate will probably also, already
intimated put tie matter through.
We are not quite so certain as some members OF
Congress to be- il regard to tie probable working
OF this measure. How many men will it pat in the
army? What will be its effect upon finance and bust
ness' May it not incur the danger of q conflict be.
tween the States aid the Conederacy? Surprising it
to be all perfectly deensble the ground of justice is
it all equally advisable the ground of expedency .
All things that right lot polite but all things
that wrong are mpolitic-are opposed 10 true Wis
DOM both in individuals and in States.
Nearly ell he that the law passed by the House
possibly bring into the ranks could we think haze
been secured by law differently framed and that would
not have been justly liable TO the iIDputaon even
the suspicion OF itjRstce tie violation Of contract
pledge express implied. AS the very condition of
substitution is non iaollty OF the substitute, the cond
ton no longer exists when such substitute becomes
himself principal therefore it is evident that the liza
bIity Of The original principal ravves when he has no
longer substitute, lie evidently has not when the
person who his substitute becomes liable |
to duly, AID principal il his own person This would
once reach large PROF oron Of those who have put in
substitutes and tia: without any direct or constructive
repudiation violation OF Contract Ii g true that the
President, ha Secretary Of War; ana apparently the
majority Of Congress recognize contract as existing
between the government and the persons having subs
tutes; but whether there is really such a con-
tract or not, party least Thought there was and it
would be useless deny that the construction now put
upon the atfarthe dtuton now given of the relation
between the government and Substituting parties must
and will have lie efect TO O greater or less extent OF
ipurrg the credit Of the government and impGiring
the alih now rPosed in Its promises especially if while
demanding The principal irrespective of the act of sub
stitutcn yet recognz and takes advantage of that
act By retaining the substitute also in service This
latter feature shows ard gees further to cast an air
OF doubt and sus c0n upon The bill than any or all other
features comprised 10 it especially so if compensation
or other Naturalization is awarded the principal OF
it must he admitted that the substitute has moth,
ing to complain Of He has received the stipulated
consideration. 1t is only the principal that has any
grievance, real or supposed, to complain of.
1t the law had stopped with ticking all whose substi-
tutes had themselves become principals, and whose
Character as substitutes therefore had ceased to exist
and added thereto those who had substitute papers bat
no substitutes IN the army, it would have taken we
think, about nice out OF every ten that it can ele
under any law that it may pass no matter bow sweep
ing and avoided features which are to say the least Of
very doubtful legality.
Governor LETCHER of Virginia. in bis last message
to the Legislature of that State took strong ground
against the principal features of this bill as foresbadoB
ed IN the Presidents Message We thuk further on
position may be anticipated in other quarters The
hdbeaS corpus which s in the Palladium of liberty
or the shield for obstructive Aconists, WILL We fear
De invoked IN vexatiops spirit rather than from
Pu'7 oese Tor justice patriotic vrdiC alton of s.
rgnt we lear serious and dcpioa5ie conflicts of iu
rHdcuon between the Confederate authorities enforcin
Confederate laws and the Executives and Tn6o;oie e
OF at least some OF the States That such Conflicts will
De earnestly invoked and joyousy hailed by certain m
patrlotlc parties, We can entertain no doubt ST
little reflection will readiy suggest how, for Tho ST
time being at least, this measure may jpcidentIv saot
money matters by raising the price of gold without
at all SaDctiOniDp Or ;n+, - 4