Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1864-02-19

fsh4So hnNS ptrbOuS ynotS u3Olos 70 mlAtAfy QuLy
may be received as Substitutes for those who are,
andersuch rules and regulations as may DO pre-
scroed by the Secretary. Of WE." d. The time Of
service IS three years. unless the war shall sooner
END. The Secretary Of War published an order
tnat person thus liable to military duty, might
put IN able bodied man. not liable to military duty
under the act 10 his place and thereby become en-
nlea to his discharge from the service eSActed Of
hlm, Accordingly, such q substitnte was put in,
and the principal was discharged by the govern.
ment absolutely and without condition for the law
dld not make the substitution or discharge cOnd-
aeah to any purpose whatever. g.. -, .......,
~ Now, Is this'a contract between the government
ana the principal! And, if so, can the, government
violate It upon necessity, even, Without compensA
aonf lit is OOntract it is al executed one
4" ID contract is Q compact between two or more
parties, TO- do, or not to do. particular thing -
ogden g. Saunders, IL Wheat 256;. l Parsons
.cons6, 0, Smith on contracts, Law lib, Story
cons, 1876. Whether any contract exists, and,
t So what Is its proper Interpretation is determ-
Unable upon the principles Of the common law.
Story, cons. 5 1880. .,.. ..f .,-.... ..
These principles require to every contract con-
s'deration. They do not, however, look to the
question, which party has obtained the advantage
in the bargain. Indeed, the contract is as oblga.
tory without aRy advantage to the promiser as
with it "The main rule in regard to the safi-
cheney of the consideration, is that it may arise,
either first by reason of benefit resulting to the
party promising or at his request, to q third per-
son by the act Of the promiser; secondly, on occa
sou-of the latter sustaining any loss, inconFe-
nienee or subjecting himself to any charge or OBJ
hgation, at the instance of the person making the
promise, although such person obtain no adVah
tage therefrom. Chit on contr., 80 Parsons
contr., 1856; Smith on eontr, and cases cited. =.
The entire case may be briefly stated, thus: BY
force of the cOnscript oct of April 1862. citizen
hnku arA III 4
owed TO the government military service for three
years and another citizen, beyond the age. of 35
years, did, not become thus liable. The govern
msnt in order to make the debt more acceptable to
the military debtor, said to him, at the very mo-
msnt Of demanding the military service, "yoa may
be discharged of the duty exActed of ,yoa, il yoa
will choose to do so, By putting in your place some
ft citizen Of whom this military service is not re-
CURED This proposal, however is made Of mere
favor, and Without any purpose or expectation Of
seeking any benefit therefromn Such is Q fair
construction of the undertaking BY the government
in section Q. ,.aa.-.' ...,. a., =. e.. D.. /,
Well, inppursiance of this declaration, or propo.
sal promise, the military debtor proceeded ~
subject himself 70 the iRooDgenieaes and charge of
itary debtor--both able and 6t and offered him in
his place and be was accepted, and the government
forthwith discharged the military debtor from the
service demanded Of three yearssry3s, ...g...s :
g Now, II this had been . stipulation between two.
citizens about matter Of money, property, or SER
yice there would never have arisen any donbt that
acontract existed; and that the debtor was fully
acquitted Of the whole matter demanded Of him in
the outset Let Us see If familiar cases Of iliustra-
ton in the law do not fully support this cOncusoh
A IS bOund to convey to the tract Of Land called
=" Black Acre" He Is reluctant to do So aud there
fore B. Of mere grace, says that be viii accept IN
lieu another tract which is forthwith conveyed 10
B, who thereupon discharges A of his obligation.
Again; A owes B debt and A proposes to
pay him with the bond Of @ of the same amount
which proposal Of mere grGes, Is accepted, and A
Is discharged Y-...... .. -g'- -. :
Again: A is bound to serve B for one year in
specified calling. B gipss him leave, Of mere gTGes,
10 put in his place another man not bound to serve
r At all at the time This othsr man ia .ao-FI"A
and A n discharged :-.-. s....- o.. ..s .
In all these cases, the substituted obligation and
service are allowed privilege and of mere grace
and favor; yet the discharge is binding in every
Court in the land. Take one more iliusti0Aon =
Suppose thatJby q tax law, A is taxed during three
wears in fltsuro nine teuths Of. his income; and
the Confederate government proposes to him, Of
marc gracs, that if he will pay down thrice seven
tenths Of his annual income, estimated according to
rules prescribed by theSecretary Of the Treasury he
shall be discharged from all other and further tax
on his estate. and "A does So Can the government
after getting the cash, Tightfuy claim to tax his
income too without restoring the cash - .....s.
Now, in the first three illustrations n1ne will dis
pute the law as it Is stated In the fourth, I am
sure that any governmenk even with the power to
retain the money, would be ashamed to do 50; and
that any independent Judiciary would decide that
it could not Yet in the cases betgeen indiyid-
uas, there was no benefit or advantage to the prom
iser. The substitution OF one duty for another
allowed of mere favor, as was the substitution Of
another to the particular duty required: OF this
character often are the promises made by the vic
tors to the gaaquished onlaying doWn ther arms.
The Surrender was the Consideration and ia all ages
has been deemed OF the same lorce, and virtue.
whether the promise Was made Of necessity. OF ex-
pedieucy, or Of grace, which, it must be admitted
has been generally better kept when it came Of
grace, because that impulse is from generous and
noble, as well as just heart r... 90. .e..
It's easy If the above examples are otsufcientt to
enforce conviction to present cases OF illustration still
more opposite. AS, for instance, suppose section
had declared that persons not liable to military duty
may be received as Substitutes; and provided that
not less than tOo shall be received for thus a
BILE; or that the SUN Of 900 may be received in
substitution of the three years service exacted by
the act Now, these offers would have been rs
purely of mere grace and favor, If not % liberal
that which is actually offered II under such en-
actment, one person had put in two substitutes and
another had paid 81 900, would any one deny that
the faith of the nation would be pledged to them,
and that contract would arise instantly on accept
ing and fulfilling the terms proposed 9y the lawf
have iorborne to alluds to the fact. that Con
gress at the passage Of the act was fully aWEe that
substitution would involve the sxpsnditlFs Ct f6s
.E1EsSJ sEIss SI0 V0tkAis S-S
principal and bis substitute would be based upon
the assumptiont that the substitute would be Obliged
toremanin service the entire time for Whicht pfin-
cipal would be and that for such time the principal
would be excused Such was the popular belief
throughout the country. The various attempts oil
the Secretary Of War to impose, bY his Own orders,
conditions upon the extent of the discharge but
prove his own convictions Of what meaning the act
R6f Congress generally disseminated throughout the
land The disregard BY the Courts OF tee nnlaW
fpl Conditions Attempted 30 be annexed tUthe dis
charge allowed under substitution, had sufficiently
:e,-s,.sd 0oDoraea an hat sense, Deople accuStom