The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1864-08-24


hospitals, and also performing other minis
terlal duties, by attending class meetings.
&c., all under the superintendent Of DR..
Craven, his preacher in charge. He has
received no salary or pay from his church
or his congregations, but has supported
himself from the income of hotel in tile
city Of Raleigh. Of which he is the owner
and manager.
Having been enrolled as conscript and :
carried TO Camp Holmes, the petitioner
claims TO be discharged under an act Of the
Confederate Congress, ratified on the 18th
day of February, 1864, which grants an
exemption from military services the ar
my Of the Confederate States. to "eyery
minister Of religion authorized to preach
according TO the rules of his church, and
who at the passage of this aci, shall be
regularly employed in the discharge of his
ministerial duties" The cemmandant Of
conscripts for this State denies his right,
and insists upon retaining him in custody
as a conscript under a regulation adopted
by the Bureau of Conscription, 10 the fol-
lowing effect: !" II the party is a regular
licensed minister, authorized to preach ac-
cording TO the rules of his sect, and tha.is
his only business, he is entitled to exemp-
tion. II, however. he depends for support
on any other business, even if he should
preach regularly, he is not entitled to ex-
emption."
That the case Of the petitioner is obvi-
eusly within the letter Of the act of Con-
gress. cannot be denied. He is, according
Il ha Of oh sofar cE
religion duly authorized to preach, and he
was al the time Of the passage Of the actof
Congress regularly employed in the dis
charge Of this ministerial duties. He is,
| therefore, entitled 10 be exempted from
i performance Of military service, unless the
Bureau OF Conscription is authorized, by
law, to make regulation other than that
prescribed in the act OF Congress, oy which
/ he shall be held as a c0nscript, or in c0n-
STRUNG the words Of the act, the Bureau
has adopted construction which is in ac-
cordsace with its spirit, though not within
its strict letter. cannot find in the act
any authority conferred upon the Bureau
of Consumption to frame regulations upon
this subject; and cannot suppose that it
sets up claim to an Independent power
of legislation. In making provision for.
carrying the act into effect, the Bureau
must ascertain its meaning, and in doing
50, must necessarily put construction
upon. its language. That construction,
though. is not conclusiveIy binding upon
the persons upon whom the act is 10 spe-
rate, for they have an undoubted right to
appeal TO the courts OF law for redress, and
it is the decisions oi such courts alone
which can finally settle the disputed point.
The true and only inquiry before me, then,
is whether the Bureau Of Conscription has
adopted the proper constructionof the act
in question. according to the Intention of
those who framed it-that is. according to
the reason and spirit Of ita
i have already remarked That the case Of
the petilioner.is obviously within the letter
of the act Of Congress. This being so, it
IS incumbent upon the government 10 show
that il is not also within its reason and
spirit, for it Is the first among the funda-
mental rules Tor the Interpretation OF laws,
TO constrne words in their usual and most
known Specification. IL The words be dubi-
Gus, then we may resort TO other meaus for
ascertaining the will Of the Legislature !;
among which is that Of considering the
reason and spirit uf the law, or the cause
which moved the Legislators to enact il.
Seeh Blac. Com. 50 and 6i. Supposing,
! then, that there is some dubiorsness in the
meaning Of the act under consideration,
: let us inquire what was the metiye which
I induced members Of Congress to pass il ?
{, About that there cannot be the slightest
doubt. Most manifes,ly. il was 10 afford
: 70 all who should not be called into the
8 field, to the men, women and children who
E should remain at home. the services Of all
the ministers Of religion, Of every grade in
y evnrv don an, in atinn pho ,vora du ly All :