Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1864-08-24
Mprtb .1tandara
Habeas Corpus.
WIZ. II. cuxNlSGGIN VS.. psr..R WALLET

WIN. II. cuxNlSGGN vs. PETER xALLErr.
: p II. lVinston R. G. Le,ois
Ccsnsei for Petitioner.
This is proceeding under writ of Aabsas corpus in
which the peon return and proof present the follow
sng case:
The petitioner is and has been for FIVE or ak years
local preacher Of the Methodist Episcopal Church. South
duly licensed as SUCH according to the rules of his chuch
IL part of the discipline Of this church that the H.
Conference and signed by the President OF the Conference
and must be renewed every ecclesiastical year. LEGAL
preacher IS minister Of his church. and his duty is to
ana such other duties may be assigned
Sy ms Elder or preacher in charge but until
he IS Ordained as deacnu he cannot administer the
pay r Preachlng or for the performance of his other
ministerial T duties The petitioner prior to the nth
day of February last and has been ever since that time
located at the city of Raleigh aud has been constantly
and regularly engaged in preaching every Sunday alter
nstey Two congregations in the country the city
ana ~ ne hospitals and also performing other mnse
RAJ a oy attending class meetings. etc., all under the
sTperntendence of DR. Craven his preacher charge
gregatons but has supported himself from the income of
a0re IN the city of Raleigh, of which he is the owner
= Having been enrolled as conscript and carried to
lamp holmes the petitioner claims to be discharged un.
h aes o. the Confederate Congress ratified on the
from military service in the army Of the Confederate
states to eyery minister of religion authorized preach
Of s to the rules Of his church and who at the
s Vi tns act shall be regularly employed in the dis
Charge OF his ministerial duties" The commandant of
conscrp for this State denies his and insists
d
on adopted by the Bureau Of CONSUMPTION to the follow.
ing elect: party regular licensed minister.
@ to preach according to the rules of his sect
G that is his only business he is entitled to exemption.
H. however he depends for support any other business,
ne IS not entitled to exemption"
ihat the case of the petitioner is obviously within the
letter of the of Congress- cannot be deuied He is
according to the policy Of his church, minister of reli
on duly author zed to preach and he at the time of
me passage regularly employed in the discharge OF his
Ministerial duties. He is therefore, entitled to be exemp-
led from performance Of military service unless the Bu-
eau Of Conscrptlon is authorized by law, to make reg
aon other than that prescribed in the act OF Congress-
by which he shall be held conscrpt, or in construng
lie words OF the act the Bureau has adopted constrnc.
ZION which is in accordance with its spirit, though not
within its strict letter. c,not find in the act any au-
,ority conferred upon the Bureau of Consumption to
regulations this subject and cannot suppose
ton In making provision for carrying the act into eff
necessarily p1 construction upon its language
upon the persons upon whom The act is to operate for
law for redress and it is decisions Of such courts
lone which finally settle the disputed point The
lie and rny enquiry before me, then, is whether the
;reu of CONSUMPTION has adopted the proper construc
Of the in question, according to the intention
those VIII" framed it-that is, according to the
IL. spirit Of it.
have already remarked that the case of the petitioner
IS obviously within the1etter Of the act of Congress This
ing So tits incumbent upon The government to show
HAT not also within its and spirit for it is the
st among the fundamental rules Tor the Interpretation
laws cOnstrue words their usual and most known
Specification. If the wards be dubious, then may
srt to other for ascerainng the will of the Leg
iSaure among which is that of considering the
and spirit of the law, or the Cause which moved the Leg
slug them that there is dubousuass in the mean
lg Of the act under consideration let enquire what
WAS the motive which induced members of Coigress to
}ass it About that there cannot be the slightest doubt
st nanifsy, it to afford 10 all who should not be
led into the field. TO the men, and children who
50 ud remain at home, the services of all the ministers
of religion, of every grade in every denomination who
duly authorized to preach, and who when the
passed. regularly employed in the discharge of
their ministerial duties. Can any good be gwen
why these minstrnons may not be useful and p,oduc-
tive of good though rendered by unpaid ministerss In
The ecclesiastical polity Of the NJ. E. Church. South.
class of their minister's They occupy an important
though it be humble field of labor and deemed
whereby "the poor have the gospel preached to
them" The fact that they take nothing from the
e.Esrs of their church for their support renders that
b .dy much more able to sustain those who aborng
in the higher grounds of the ministry. These unpaid min
sers thus enabled to effect much good both by what
Iiey say and do and by what they abstain from doing
In working for nothing of an earthly nature and support
g Themselves they give las was well said by Messrs in
and Lewis the counsel for the petitioner ilusr-
trous example in St Paul. the greatest preacher whom
world has ever known, who worked with his own
nds at his occupation Of tent maker that his support
might not be burden 10 the churches at cornth and
as this great Apostle ever been considered having for
fitted any Of the rights as preacher by Of such
,rbearanae and self denial? "a the contrary has he
furnished to al succeeding additional proof of the
divinity of his mission and CT the sincerity of his devo
ton TO It, by showing that amidst the seyeres. of trials
prosecutions and h ctiocs h. abored not for the riches
I'D of this world, but for The temporal aud eternal
good Of his fellow men, and for that of glory which
lis faith assured him laid up for him IN heaven?
From these considerations am led to believe the ground
upon which the Bureau Of CONSUMPTION would exclude
the exemption contained in the act of the 18th Feb
uary af4 that class Of preachers TO which the petition
belongs, not within the contemplation of Congress
snd ought not therefore, t, cuLtro the csou Of The
question now before me.
tut there ub another class Of ministers of re-
ginD, having authority from their respective sects to
preach to whom 1t might perhaps, be properly applied
being auent circumstances preach occasionally and
time to time their ministerial services nas be
CURED without wing compensation therefore, in
naogy to the of Graniham ., Jones 49, in which il
denied that under the act of II til Oct 1862 mecan
not entitled to exemption from military services
unless be followed trade his regular occupation
employment and not when he worked at only occasional
iv and at odd times, it may be that such ministers of
lgon should be exempted under the Of Februur,
St4. Cases of this latter kind probably in The
minds the Bureau OF CONSUMPTION when they adopted tn
that this class Of differ essentially from that il
,shich the petitioner is embraced.
We have in this State act which requires that thu
rites of marnony shall be performed by Justices of thu
eace by "ordaned ministers of the gospel of every
denomination. See Rev. Code of 1885, CHI. 49, -
G Suts sure that there Is not ndge the a1d Wh
marriage void because the ceremony had been eel
lrated by ordained minister who depended for sup
lor any other business than that of bis ministry.
The conclusion to which have come to in favor of thu
petitioner, derives additional support from the fact tLa
under tie of Oct 1862, which is almost in the precs
of the last act person holding the position
"a his church that occupied by the petitioner, has, s.
fir as Ihave heard, ever been enrolled and called init
the military service cOnscript.
My order that the petitioner be discharged and tina
his costs be paid by the defendant
WIN. H. BATTLE, J. S. G..
Chapel Hill, Aug. sth. 1854.
The NUMBER OF MEN IN THE FEDERAL ARMY.-The mum
Der of men in the Federal army has lnng been matter
speculation We able to give this morning well con
sdered estimate of the forces with their distribution
the country. 1t is founded on good military authority
Gen Grants army 1900
Washington and vicinity, 1000
Maryland and Delaware, 5000
Gen Hunters force 20,OG
Shenandoah Valley and West Virginia 5000
Fortress Monroe Norfolk Yorktown &C., 5000