Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1864-01-01
i. if sincerely made, they may never be eI.

T..
that the Tcur:s OIL taligerens nation should
! DOM 10 any parso: t:- right 10 use . cferae-
! :cr III eaui7ocai 81 L. PM il IN his po~ar t.
! claim whichever may trst >nis his purpose,
sh.n it IL called in snsz!ion7"
! The Icrlaratinas % CGMra;i were i.fF ne.
companied or followed ~ any atteIhpt - Ie-
move. or by any ger doue with view TO re-
Inoval, sni must. therefore. ne disIegaried.
| Moreover, the declaration OF rhe party %
: be entitled to consideration in any case, rlu3s
] nave behn msdr NJ time w'len he lad m
| motive 10 rl.srnIrsscn: his real in:nntiTns.--
! In tie nrcasn: case, III. DECLARATIONS we're
! r.ale alter the Congress &. Ike Confederate
States had passed rte conscript ACT, by winch
Eli white men. who were residents Of the Con!ed-
crate States. were placed in the military ser
vice. They we're probably made, top, with
reference 10 bis going into the amy NJ sub
/ stitUte. Conrad had strong motives, there
fore. 70 represent that he Tas ;0i here with
| tae intention of remaining permanently,
whether the fact WAS 81 or NOT.
! Rave assumed ri,at it is incumbent on the
Fetitio2cr 10 prove, no. nnly that nc furnished
; q substitute, Int that the person whom he
! furnished as hia substitute was such person
az could lawfully bc reccicrd al Sucb.. OF
the petitioner is claiming :, special privilege,
and ne must show himself entitled 10 il by
having complied with ii,c terms upon which
alone the law gives it. .lil'i it u n6 objection,
to the application Of hat rn.n - case hkn
the. present, that it requires n. petitioner to
prove negative: 20: ne grounds his cain to
exemption npsa tie HcSahTn allegation that
his substitute had no dtIncl in rue C0ntcde-
rate States, and he must prove il. Green
leaf, Eyid., scc. -. And. from considcratinn
Of unyenience, this ought 10 'e So: for how
could the government furnish evidence IN re-
gard to the unknown yacah"nds who were
! often furnished az substitutes!
! My conclusion, therefore, ~ hat, u:,cu tEH
evidence before me, it docs no. :";,oar that
| Henry Conrad was a person ''aTt I'ahl: FOR
duty" who could be received IS u substitute.
I might rest the case here, in; ilasmrr' as
it appears from the statement % counsel, al
ready alluded to, that the Burcuu .! Cens"E;'-
! ton acts upon different views Fl rna !H".
proceed TO consider the other ground t"kr" b =
! the counsel for the Government.
| The right of 4 conscript to furnish sppst-
tute in the army OF the Confederate States, Ii
| derived from the 9Th section Of tae c0uscrlps
act passed April 10, 1852, which provides
that pcrsone not liable C.r duty may be re-
ceived for those who are, under regulations TO
! be prescribed by the Secretary Of War" On
! the 10Th Of April, lsGHn, tho Secretary OF War
prescribed certuin regulations in reference to
, substitutes QUE Of which is in these words:
" Substitution shall not exceed ono per month
in eanh company, ard shall be noted in the
next morning report muster roll, and monthly
return" General Order No. 20.
Ii appears from the evidence, that Charles
; ". Arnold had put q substitute into Company
! {, on the Sth May lS62, and the counsel Tor
the Government insists that the power OF tue
captain of the company TO receive substitutes
during that month was thereby Exhausted, 20
that be had no authority - receive the pets
toner's substitute on tic ! In CT the same
month
Bat tie counsel inT :ha petitioner insist,
that Arnoi's substitution wae not valid, and
TWO objections are assigned:
[. Tbs. ArrUld vt the time he furnished
;is substitute in Company {, was not q Nom"
Der Of the company: or, at any latc, that he
had not been mustered into service in l., 50
that he could only rur,Iizh Il substitute at a
camp Of instruction.
> That Arnold's discharge was signed by
Col. DLagncl, who commanded the post tc
which the company was attached. and Tot by
the colonel OF the reg iment to which it regu'
lnrly belonged.
Under General Order No 20, LIST para graph
captains Of companies are authorized to re
ceive substitutes from non-commissioncd cf'i'
GERS and soldiers belonging TO their resper-
tive companies. See a!sp General Order No
-, April 90. iSG2, "a paragraph. But by
the "A paragraph Of General Order No
20, reiterated Nv General Order No. so,
April % 1862, il is provided, that any per
snn liable TO duty andcr the net Of Congress,
but not mustered into service in any COM
nary," or IS it is expressed in General Order
70. 80, mot got mustered" &C., who desires
20 furnish substitute, must do so ut camp
of instruction.
As the validity of Arnoll's substitution has
| lcen definitely recognized by the Bureau OF
CONSUMPTION BY the order of December 0:h,
1852, and he is now enjoying his exemption,
i. seems to me to admit Of Question Whether
the petitioner ought to be allowed, in this col
lateral proceeding, 10 disputeit. But, waving
that question, | am Of opinion that Arnold
lad Il right, upon o Just construction Of the
regulation, to furnish his substitute in the
company. lie had been assigned to that com
ANY IA conscript, from the militia assem-,
IGica at Norfolk, under the proclamation OF
the Governor. That company was his place
sf duty, FROM which lie was absent only in
consequence Of bis sickness, and to which he
wes bound to report as soon as sc"n as he got
rrll enough ii he hai failed to do 50, ]
hare DO doubt be might herc been arrested by
oder Of the capt;in. lndcci his name must
| lave been Cr the muster Iu.l when lie fur
r.-llcd his substitute. fvr he was required Ia
| .igc the muster roll To enable his substitute
Ia receive the bounty. Under these cream
stances, he ha1 no right to absent himself for
tlir purpose OF going 10 camp Of instruction,
and il would be beth anOniGlaus in principle,
ard inconTonisnt in practice, to require or
! allow q man 20 situated tn furnish Il aubstis
| tutc in !. camp If instructor, iusieari nf in
| the COMPANY in which liz :s.s- enrolled aud
liable to duty.
I, is true that 4rLuid had not bcrn mus
tered into SERVICE in he company by any
i formal preceding, and hal never actually
served IN it, b.: 10 evidence has teen pre-
dnccd n show that any formal proceeding VA.
necessary. Under q system Of compulsory
service. like that established by the conscript
act 10 not perceive what mastering into
service" can be necessary ba:orl a-si min. the
! man to the company ana putin: lis a,l.e 90
the roll and, hcii:vc ti:.t, III practice. there
is no ''mus;e.ins iro .2:,i-9' h"%Vpd this IL
! :hc case CO eonscrir!.
Besides, We lnnsi rnt "s.;:'-; il lie letter
Of these regulations, bat give them reasona-
bio Interpretation with reference to toe par-
pose and intent apparent on their face. The
manifest Object IVES 10 distinguish between
those. who were sttachti ,|narticuisr coi1p pa
ni"s and those who were ct large aud not NJ
tached to any comranE:. And if j nlnp was
attached 10 company by marin: been assign
etii-: ~ and entered on It's roll, the .:: that =
was absent with leave" in consequence Of
sickness and unable to report tor duty. which
,sas Arnold's ease, could make no difference
! in view 0: the reason and policy on Hhichthe
regulations were founded.