Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1863-06-24

s5ss M. 5 L. 4.+. -
-.us .... ................... .
:, & =. -, =
Is subject to- thGcl or calls to be made under the
act Of the 2ifh 8eliEember. 1894 II is claimed bv-
the enrolling o6Ictcs under General Orders No. 6I
dated 6th Heptsd u 1862 that in consequence al
the substitute biHg within the class Of persons mn
on whom the ca1l a. calls under the aot Of the 9th
September; 1864 s. 70 be made. he no longer an.
swers the reouiesneults Of valid snhstitnte that
the discharea o;van n I.eonod f,ohn ;s
invalid; and that ~ Il now subject 70 military ser.
vice under The a a ia I6th Anil. 186a. :.
Congress- has 6ae hsee power. conveyed in the
grant to it to rsi nies and nroy:fe rules for the
governments of fT ma and nayal forces hv which
it can deal with tEN nnasons s.t ;ssne IN snch man.
ner as q ahsil r. Sst e. a. H.
Whatever NAV hS ~ efact oe the nr3ar of The Sac.
retary Of War. - 7Iino tha ,i;scharca If IsonoH
Cohn, there & ~ nssbt az the power Of Conyress
te. do sas HadsS 6xgew ssssed . spscial at con.
corning slbstitutes II was competent for that BODY
to repeal il or to annul or qualify the discharges
which had been obtained under It. The nermissonz
by Congress in such cases. piven to ;ndiy;dnals to
substitute others for the nerformann Of tho militia,
nv service reonired of tbam c.nrot ha ao,a;aa.aS
contract between the government which r. NAV at
any time modify or exlnouish And the lie now'
er is, in nv opinion. vestef in tho prac;da,, of th.
Confederate States A. =; oh;as " ~ .o
army, unless restrained by the action of Congress-
he NAV uDon consideraton of nse na.s;. ~ os1,
upon those to nerform o;l;tsrn puos h cs
been declared liable to this duty bnt hs,a s.,,
cused from or INDUCED in its exercise
But that which d;St;no,;shao a. A..
Congress has eieoatsd te y. oae. ss - ess a snas
ment, the Secretary Of War the nover to n.sscr;ha
the regulations under which s,,hs.;t,,ta. 10
received The repnlat;one h.va 49,, .n~ ~
the substtutes hsys hsan n,e oee prescrloeo
~ ~SSs. ASSSas00 ua1s1SA suou duu
of Wa hos -. e ss %. wne.ner Tue secretary
m.tto- 90 I en0 san'e Son'lons power over the
hv tha p,.s;,o M Co'etess " couio oe exercised
nrosentod haaa,'s :. qusstlon appears 70 oe mus
Ect of G,n~sass ~ ~ sannot oe maintaned tnat any
privilege which b.s hs.u 'sn pssSsa Iessroylng Me
had snbst;tntas s.csUtod ta oy 'nUse "no nave
anv ordsr of ~. u D.ol;ss ~, .ns9. :Mof s tnere
cailinr into r;,;..,., 1y n'm arecuy made
thns sremntad NJ. es'.ice ne tu9se VINO nave Deen
of War capcs,I;n. .ns ',uer y, tne oeeresary
he rsfsrrsd :" an uissses here.oiore granted TO
the oh Ssct;on ~ so 70 lor ns s".no.y tnan
1899 The Secrot.." .e e se1 WspploYeu lotn april
matter nnder The d;rsct nasMs acsea IN tne
presumed tn HIVE contnnaJ ~. y. :n's az: wli oe
under the same so~rcs 'ne eAefe'se u h's power
do not consider The ..t .nnr,roa o1., e....u
Der. 1882 "a reon;rns ~ ~ppsu 1.n sepsem
the .crei.rv oe Wr ; OF SUPPORTING the order OF
perlv obtaned because . suhst;tnts hs usS"ss pro
not liable to miI;tarv serv;cs mo-, s,hsa@'sa",
become 90 bv the nrov;s;on of .t
act Of o7th Sentemher 1890 ,r.s ;s.aaSsa :u'
validate the d;sch.rca. ,,h;,h 90 hi ss.I W -
obtained by oomnance With the rsauIatnns wiuy un
scrbed by the Secretary Of War T. 10 ,essne.h,p -
suppose that ito iancnsoe wonld n semo onnsu ~
have conveyed that nnrnose Rnt uhan - a~"ansa
from ts oner.t;ons those who .-a I...I,,, s
Gem .a;l;ta.. "a ;sssy sHenP.eu
ernpts him from military service is fairly to be
oosissdsred % one of that class who are excepted
from the operation of the act And if Coneress bv
q new act calledinso service those who were not
liable under the former act it could operate onlv
on those who had not vet undertaken to render
military service. If one had been already enrolled
and mustered in for three years unless the war
that he would be DISCHARGED for the purpose Of be-
ing again enrolled and mustered in for the same
term There is no doubt that one although not
embraced in the terms of the act approved the 18th
of April, 1869, nevertheless could by voluntary en-.
gagement, impose upon himself the same obliga-
tons Of military service as if be were called out u
der that act If by subsequent act he became in
cluded in its provisions, both acts contemplating
the same service he would not be considered among
those who we're called forth by that subsequent act
BE had by his own engagement, consented to be
considered as one who had been legally called He
had been accepted and In that was recognized as
one wto had been properly called. To saw that he
was subject to cal for military service, while he
was in the actual discharge Of that service to which
he had been presumptively already called, would
seem to involve the. question of actual and pros.
pectiye liability in great deal of confusion.
The act of the 27t6 September, 1862 cannot be
considered a. sustaining the construction. that 4
substitute within the ages which it makes subject
to the cali Of the military service IS, by its opera
ton prevented from continuing to be. as be was
when. Accepted legal substitute under the act Of
the 18th Apr;l 1862 If the act of Congress then
in General Orders No S4 dated 9th @ Senember nj. r.
1852. in these words, "a substitute becoming liable
to conscrpton renders his principal also liable un-
less exempt on other grounds; I" and if no special
order Of the President has been issued to the same