Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1863-07-02
For the Journal.
State ConScriptiOn.

| For the Journal.
state CONSUMPTION.
NEssRs. ED1ToRs I'm times like these, it Ia vel
for people contendng Tor CONSTITUTIONS noerly 70 le
chr to first principles ard that justice is administer
ed in accordance with the Constitution, the chart
our liberties ard if it be necessary, to scrutlnlze tn
acts of their officials without its being considered sa
sopabIe or disloya for it is as much to their neres
&C ours to see that constitutional liberty regulated b,
law is preserved for Blackstone bss truly said that th
law is the greatest inheritance the King bathfor upo
it rests bis official existence. Thus order has lately
been issued by Adataut General FOwle saying that HI
is not of any taw eremPtiag from militia dut,
those that haze put substitutes the Confederate army,
and it is DOW said tnat Gov. Vance is going to draf
them for six months upon requsition from Presiden
Davis.f So thy will, unfortunately, fare badly any
way for they escape the clutches OF President Davis
/ Gov. Vance will be certain to get them. Wonderful
indeed That they owe the same services to two
soVereigns, or SERGE masters, while it has always
been considered that government was subordinate
to the other and to comply with the demands OF the
former seuced those the latter but not 80 in these wal
times although Gov. Vance is aCaring wths President
Davis about class of those very individuals, those
who hired substitutes under fortyfve years OF age
And for what Just merely to Jump out OF the Try
ing pan into the fire. to be drafted again by Governor
Vance when President Davis calls on bin for more
| troops Our Constitution says that person
shall hold more than Office Of honor profit
at time, why then should any one be fore to oc
cupy two positions ct the time, 4ere there is
honor but no pr0f-ore by proxy, the other personal
y. Adi't Gen. FoWe says, that as the legislature dl
not enunerate those an the exemption bill that haze put
substitutes IN the Confederate arny lie must therefore
take that the Legislature attended that they should per-
form militia duty, and Of course be drafted or con-
ecripted again-6ut for State serUace. Curious
struction Now, as they already exempt under
the national militia la1c-the Consumption Act-and
as they were not specially enumerated among those ia
BILE to perform militia duty, would it not have been
more ia accordance with reason land one Lord Coke
Alo ~fOo%SNr IF crN $n
have come to a different conclusion; for the
legislature when considering the celebrated ten
regiment bill, who were to be strictly North
Carolina troops, amendments were offered
embracing them within the draft, AID were voted
down. and in constituting statutes take the construc
ton of the law makerand had it been thought that
they were liable to perform militia duty such needless
amendments would not have been offered and snch acts
penal statutes, and therefore must &c conetrueo
strictly And moreover the militia law act of
69 section which is unrepeaed it does not come IN
conflict with the bill of the last Legislature says that
whenever the Governor shall receive requisltlon from
the President for troops whenever the public safety
shall require it. be may ordea draft and any
so drafted, who shall furnish substitute shalsbe es
cused from going actual SerUtte. SO the aW-Da-
kers make no distinction between SOte serUlce and the
Confederate ArmY, for the mita-man is accused IN
either case from going into actual serUace.
And there is plain principle OF law that whenever
right attaches account OF consideration no pow
er can dyest it. and certainly whenever militiaman
and We are all militia, whether in the army or not, who
are within the prescribed age for have standing
qrng furnishes substitute or pays FIVE hundred dol
lars to the Confederate Government which is required
of the Quakers &c, (is it not curious that Adutant
General Fowe did not something about these non COM
baans in his order for they not enumerated 10 the
bill OF the Legslature right attaches and
the law says vested rights cannot be destroyed But
the Confederate army to be the great bugbear
with Adjutant General Fowle, as if there was any
other army while in fact our military forces are
but the militia of the several States called into
tual service during tie war, directly by the Pre-
Bident, in the of CONSUMPTION, or indirectly
as when he makes a requstion upon his agents, the
Governtrs OF the States which will be plainly seen by
the following authorities, to Wit Militia, Military
service The soldieyy of country, as distinguished
from the standing military force, consisting of the able
bodied male Inhabitants OF prescribed age &c, &C.
act of Congress May 9tb 1902, .. S. Digest Rents
CON- 262-266. Now as President Davis is the COM
mander and chief OF the army and navy and of the mi
tia of the several States when called into actual ser
vcc Governor Vances authority must be suhordnateo
President Davis and discharge from the latter should
satisfy the demands Of the former and work complete
it did England at common la1r But
if Governor Vance will show why he blows hot, and
then cold about these discharged militia men, then for
his DOUBLE PORTION"
June 20th, 1863