The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1864-02-09

! gain Nothing; a mere change in the name of
the soldier on the muster roll. If the Law has
been fairly executed, the army oftener received
Gan older than better soldier"
And there is no agreement made by the Govern
ment to exempt the principal for any period Of
time or under any future law. | will quote from
the case OF Bryan, above referred to- the argument
of counsel for the petitioner because il is the most
plausible that have seen on the other side of the
question ar + -H
"In the view of able lawyers substitution in
wolves contract with government; they maintain
that the provision that substituses not liable to
duty, might be received for such as we're, with
knowledge by the law-maker that the substitution
would be attended with a heavy sacrifice Of money
is equivalent to a declaration by the government
that chose who buy substitutes should be discharg
ed from the service for such time the substitute
should be put in." See page 49, Jones' Habeas
Corpus Cases
The able counsel for the petitioner carefully
avoids committing himself personally by the
preston OF any individual opinion on the question:
out contents himself with quoting the opinion and
reasoning ct sable lawyers" whose names he with
holds Nay. at the coacluson of the argument
he makes this pregnant admission, and by il vir-
tually gives up the whole question in debate:
6" admit difference between bargain made
between nation and its citizens, aud bargain
IN very urgenkcase, upon making compensation;
the latter must be submitted to, if fairly made"
See B. f. 1Naore's argument, ibid, page 81
Now as Congress in the preamble to the act in
question ahrms that it is very urgent case-and
as that is question for Congress aud not the Ju-
dietary to decide-it appears that even the coun-
sci admit the constitutional power to pass the law,
upon making compensation to tho principal. If
an account were stated of the loss and gain in dol
lars and cents to the substitute buyer, by reason
of his substitution, the amount of profits would
largely exceed the cost of the substitute and ex-
hibit lean for sympathy
IF the reasoning of the anonymous cable law
yers quoted above be correct aud contract is
to be implied In favor of the substitute hirer, the
| same forced logic would engratt like vigorous
Implication upon every clause of the Exemption
Law, and make exemption once obtained under
any law, as irrevocabie the laws of the Medes
aud Persiaus.
For instance, the Tanner with much more force
might urge that the provision that the tanner
might be exempt while habitually employed work.
ing for the public at his trade, with knowledge
Of the law maker that the business of tanning
leather upon the terms required by the. law would
be attended with heavy sacrifice of money, is
equivalent to declaration by the government that
he who would thus tan leather, should be dis
charged from service for such time he should
his trade" The tanners plea is much the stronger:
1st. On the score of the valuable consideration
moving to the government by his acceptance of its
proposal. Homemade leather is indispensable TO
the success of the army, the foreign supply being
cut of in great measure, Government to suit its
own necessities, invites skilled labor to invest its
capital in this branch of business and offers the
inducement of exemption from service to stimulate
an acceptance of its offer, Its invitation isaac
| sLz :.
exemption act was repealed and the tanner hurried
to the army aud none of bis trade left to work out
| his stock.
Then, in the next place, in the matter of pccu-
mary loss the tanner is liable to loae his whole
ca pital thus invested Other tradesm<n could use
the plea, and thus by forced implication, the
Government could be fettered or shorn of its Con-
stitutional functions and deprived of all further
power "to raise armies" This would be-thc first
| instance for history to record of feio de Sc by
| Government. Do the decision of our Courts
such violent implications of contract to fetter
the hands of the Government? From the opinions
of sable lawyers" whose names are not known,
appeal to jurists,
"W hom not to know, argues yourself unknown"
Chief Justice Taney, in Charles River Bridge
vs Warren Bridge, II Peters,,p. 5l8, uses this
language "The continued existence Of Gov.
ernment, would be of great value, if by imapli-
| C0tlOnS ana pIPSHmDnOnS, It. was OlsaTDeu d the
powers necessary to accomplish the ends OF its
! ton."
Chief j ustice Parsons, in his elaborate work on
Contracts, ? vo p. all, in treating of the clause
in the Constitution in question aud as to what con-
tracts the States were prohibited from violating,
uses this language:
''We may say it is not intended to apply to pub
| lie property, to the discho'ge VpuJhc Gufiss, to
the profession exercise Of public rights, nor to
any chunges qualifications in any Of these,
which the Legislature of State may at any time
deem expedient."
| Chief Justice Pearson, in McRee Viii r.
Co, I'd Jones r p. lS9, uses the. language quo
ted below, which he quotes and approves, in State
VS.. Matthews, 3 Jones, p. 459- both of which
opinions in poiDt and conclusive of the whole
question
| Owe should hesitate long before bringing
minds to the conclusion it the intention of the
Legislature to take from itself the power of doing
that for which all Governments are organized
promoting the general welfare, by adopting such
measures as a new state of things might make ne
cessary for the benefit of the public; in other
words, it is unreasonable to suppose intention
to surrender the means by which it may thereafter
be able to effect the purpose for which it was erec
ted and formed into Government"
| And this was ia a case where there -was an ex-
press grant of franchise to Benjamin Heron,
hts heirs and assigns forever, in consideration Of