Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1863-02-11

n ~ o..
Re-Enrolling Men who have Legally
furnished Substitutes, Declared to-
be Illegal and without Authority.
III the Confederate Court, South Carolina
District, an the Halter of leopold Cohn
Magrath, Judge.
Leopold Cohn became subject to military
service under the CONSUMPTION Act Of the
Confederate Congress, approved l4th April,
1862.
The 9th section of that Act provided,
that persons not liable for duty may be re-
ceived as substitutes for those who are, IN.
der such regulations as may be prescribed
BY the Secretary Of War. - I.
The Secretary of War, by an order
through the Adjutaut and Inspector Geuer'
ais Office, dated 26th April, 1862, estab'
lished the regulations which would apply to
substitutes. BY compliance with these
regulations, the person procuring the sub.
stitute, was to be discharged, when that
substitute is accepted and enrolled.
The Consumption Act, approved 18th A
pril, 1862, called into service, white men,
residents Of the Confederate States, between
the ages Of Is and IS years; at the time
the call or calls may be made; who are not
legally exempted from military service.
By the amended CONSUMPTION Act; ap.
proved 9th September, 1862, the Presi.
dent is authorized to call out and place in
the military service Of the Confederate
States, for three years unless the war should
have sooner ended, all white men who are
residentso Of the Confederate States, between
the ages Of S5 and As years, at the time
the cali or calls may be made and who
are not at such time or times, legally ex.
empted from military service. Such calls
to be made under the provisions and accor.
ding to the terms Of the Act, to which the
Act Of the 9th September, 1852, is an a.
mendment, -. Z 15s.5s &.
- HF.. Nr sH = ~
Leopold Conn., iiaole 1oee 70 service unoer .ne .e
Act OF the 10Th April, looz, compheo VIII
the regulations OF the WarDepastmen., sls. R
sued BY order of the Secretary Of War;
au.nIna iSas IA suDs.a ,s.o.ad Co.. .brss gssr.
s a,o.0 ~ ~. - u, ha,a haan cnde5 SI.'
au.sss sae .. ss ~ - - .ha ss;d
: : .sno,s a.sSls GsL. -" % 2 -
polN nj ~ -. ats,,t -
~ supss.u.' ,, - aOysp,se & -. 81 ).
lleo. " ,us sai'ot eal.0 "a,oA ,eeo 20 Aue
qnaet Tue Aos u ,ene issn. aRl''' tpo-. :.
nus ~ no' slieauy = sue ..'.'sly ssas.0s ! :.
sne eon o'ases' ne ,, @ou.a - ~
eali OF cans eope @aas que unaet .e Aos sIs
:, si1n oeptemoes, a ~ = z s.asAse ), :: :,
tue enioliing omcels unael uenelai aao ofue's
no Oh dated e1a september, IpAe, Una.
10 consequence Of the suos1l'utes oeine
within the class OF persons upon 1lom tne
call or calls Under the Actor the tth sep
tempef, 1907, Is 70 oe mace, ne no iopgef
answers the requirements q yasla spps.l.
tute; that the. discharge heretofore gwen TO :.
Leopold Conn is Invalid ana snat ne Is
now subject to military service unaef the
Act OF the 10th April, 1867.
Congress has that large power, conveyed
in the grant to it, to raise armies aud pro-
vide rules for the government of the land
and naval forces, by which it can deal with
the question at issue, in such manner as it
shall deem best for the public welfare
Whatever may be the effect of the order of
the Secretary of War, cancelling the dis.
charge of Leopold Cohp, there is no doubt
of the power of Congress to do SO. Had
Congress passed special Act concerning
substitutes, it was competent for that body
to repeal it, or to annul or qualify the dis.
charges which had been obtained under it.
The permission by Congress in such cases,
given to individuals to substitute others for
the performance Of the military service re-
quired of them, cannot be considered a
contract between the Government, which it
may at any time modify or extinguish.--
And the like power is, in my opinion, vest.
ed in the President of the Confederate
States. As commander-in chief of the
army, unless restrained by the action of
Congress, he may, upon consideration Of
public necessity, call upon those to perform
military service, who have been declared
liable to this duty, but have been excused
from or INDUCED in its exercise.
But that which distinguishes this case, is
that Congress has delegated to an officer of
the Government, the Secretaryof War, the