Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1864-02-10

or composition of our command which achieved the
results noticed above, but understand that il con.
tanned two companies of tho Thirty.arst North.
Carolina regiment. - Examiner f8d FsbS
'N1' - ''"'''.'' ~ ~, For the Standard.
3. THE. SUBSTITUTE LAW.
Mr. EDIroR:-Much has been written and said.
pfisSsaqty IN regard to the late act Of Congress,
in defiance Of its plrghted faith and solemn con-
tract. One of the most extraordinary articles
which have yet seen this subject appeared in
the las. Fayetteville O6seroer, over the signature
OF +" Richmond County," and to which, with your
permission, will submit some remarks in reply,
through the columns of your widely circulated
paper.
The O6serrers correspondent frankly admits,
that the Constitution confers no power upon Con.
gress to impair the obligation of contracts but ar.
CUES to prove that the government has never en-
tered into any contract with these men, but that
their claim to exemption rests not upon a con-
tract proper within the constitutional meaning of
the term, but upon privilege, or an indulgence;
and that such should be recalled in case of gov.
ernmental life or death-and says the Courts must
so decide or run counter to their own decisions in.
volvng the same principles.
On both Of these points l take issue with him,
and shall endeavor to prove, tirst-that the gov
ernment, through its authorized. agents, did make
contract with these men, dlscharging them from
the army for three years, or during the war, for
consideration and, secondly-that the decisons
quoted by him do not sustain him in bis views on
this question. ..,.. 49,. .n-.
l admit that in one sense of the word, the law
allowing substitutes does confer "priuilege"-
the privilege of exeDiptng yourself from the mill
tary service through q contract with the govern
ment The moment q substitute is accepted and
the principal is discharged, it becomes privilege
accepted aud contract executed. Every discharge
sets forth, that the principal having furnished an
thereof discharged from the army for three years,
or the war. A stronger evidence of contract it
would be difficult to conceive. What is q con-
tract? 1t is an agreement between two or more
parties; q mutual promise upon lawful considera-
tion which binds the parties to performance;
bargain; stipulation. Is here not an agreement
between the two parties? The principal agrees to
furnish aole bodied man as a substitute, and of
this the government itself is to be the judges In
consideration of this the government agrees to ex
empt him from military service for three years. or
the war. The substitute is examined by the gov
ernIhent Surgeons pronounced able and sound, is
accepted and the principal discharged if this is
not a contract executed know not what ia. 1t is
an agreement between two parties; it is mutual
promise upon q lawful consideration which binds
the Rs5tiss to Performance; osrgan it is
You sell a man your horse, and in consideration
of the value received he gives you his note for the
purchase money, payable the next week. Here he
contracts with you to pay you at given time, just
as the government contracts to exempt the prlnci.
pals. of substitutes for fixed length of time; but
the Legislature passes o stay law soid'ng the con-
tract BY extending the time of payment just rs the
act of the Confederate Congress voids this by short
enng the period Of exemption. What does " Rich
mond County" suppose the Courts would say
about the cons,itutionaty of such . law! Such
law has twice been passed by the Legislature Of
North Carolins-in 1919, and in 1s6l-and in both
cases the Supreme Court decided that the law was
unconstitutional. upon the express ground that it
"impnired the obligation of contraets" The Ob-
sercers correspondent will search long time, be-
fore he finds a case more in point than this
But I do not believe there ls much analogy BE-.
tween the case Of the Fayetteville Bank ana tho
present Suppose the bonus paid by the Bark for
its charter to constitute contract. What diu the
Legislature do? DID it at one fell swoop sweep away
all the pested rights Of the corporatlont Ceria'niy
| not 1t simply imposed some restrictions upon 1t
for the public good; enforced some regulations t"r
| the benefit of the community. This the Supre'ne
Court held that it had the right to do; but 40 one
| knows better than the Obseru<s'a correspondent,
that if the Legislature had deprived the cororaton
of all its vested rights had annulled its charter.
the Supreme Court would have decided that the act
was unconstitutional and void. Did Congress: >ii-
DIV attempt regulation or an Gnnthitatson of tne
rights vested9 Upon this question hinges the point
of analogy to his Bank, cases.
But let US view the question: ip its n0rst aspect
needs the services Of an able bodied man Tor three
years. B. in consideration of . sum Of money to
him in hand paid agrees to become AS servan, fo'
that length oS time; accepts Of the proposition
and the contract is reduced to writing and made
binding by the payment Of the consideration. But
no sooner does B. bind the bargain than he sees
where he. could have, done much better. 40 orde'
to enable him to do tbs, Osgrees 10 take hs Pac.
as a;servant Of A for specified sum Of money. 4
agrees to the arrangement and enters into secon'
eo1sract with B, in which he discharges nun trou
his service in confederation Of his having FURNISHES
another able bodied hand in the person Of T. Ate
short time he says 70 b.. have work enough 10
two hands and must have them," and sttempts y
rorvs him oacA int. hia aervice without dlsehsrg,n
C, or refunding him any art OF the money pau ~
C's services but being private individual! ne cst
not override law and Justice with as much ease
the government can and therefore falls. But Il
very attempt 70 an act Of such moral tu'p'tuoe
to shock ali the better feelings OF asEanity. u
t:,is is precisely what the government n DONG
The same number Of the Observer that con- aae
this article, also contained an able article ron
highly respectable religious paper the n. v. ont'
!. tisn Aduocate expressing the op'n'en sssV ei
our caaamities are merlted oy US 10 =,
the sins of our people, and urging them tTpA aH'
their sins It slso tells us that viii MT W lner
" to rely upon the righ. and justice Of our caus
that the historr of the word ehoHp that every tu
cause Is not cteeessf1 they IRE sometina
trsmpied downsby o. i'm, heel Of opprsssion-'n
while God is on the side OF the righteous cause,
!. is not on the side Of tho ,orong dosre-and that
merit success, We must not only Aace rgnt Pn rs ~
side. but tEst We must do right ourselves. II
xvith force. but II 0cCe