Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1864-01-07

Debate tho Subsftufe FroPo@tu"e
In the Confederate Senate on Monday the hease
bill to put an end to the exemption OF all persons here
toore exempt BY reason OF having furnished
was taken up and considered
The Hoa. Mr. Orr, of South Carolina, opposed the
bill. He would glance at the legislation this sub
ect Our army regulations themselves provided fol
the reception of substitutes. While the conscrpt az
was being considered clause was introduced allowing
substitutes to be received under regulations to be pre-
scribed by the Secretary of War At the time the
junior Senator from kentucky proposed to amend BY
inserting clause that should the substitute desert the
principal should be held liable snd should take his place
This proposition voted down by the Senate upon
the ground that the substitute when mustered into ser
vice, passed from under control OF the principal and
that it was not right just to bold The principal re-
sponsible for his fidelity This may or may not have
been wise law; it may have ben wise to not have
pealed it sooner, but it was passe and had not been
repealed When q proposition was made, at the last
on to put into the army principals whose substi-
tutes had deserted the proposition was voted down.
The Senate, at the last session, passed bill to abolish
the law authorizing the further reception OF substitutes
which, tor reason did not pass the other House.
This was the history Of this question. Congress had
thought best to leave to the Secretary OF to tx
regulations under which substitutes should be receved
epd the S. creary did prescribe regulations On the
l9b of May, 1862 be prescribed tie ars regulation.
ln the general order intended TO carry int execution
The couecript law, it prescribed that neersons
Should be exempt except those who had furnished sub
fimselt exempt trom servce" II was very fortunate
rat the Secretary did put into this order regoa-
ton making principals liable whose substitutes had de-
serted. But tb 9 WAS not dobe.
The next general order On the subject was issued O.
vembe 49, 1862 and prohibited the acceptance OF sub
situtes undcr eighteen years OF age, the reception OF
substitutes in parzan ranger corps and into compan
bet re they organised and mustered ID. The
next order relative to substitutes provided that when
the substitute became LIABLE from any cause, their prn
cipals also became liable.
But the general order CT the Goth July, 1868, pro
vided, that hereafter persons furnishing substitute
shall be liable for tie loss Of their substitutes from any
cause whatever except the casualties Ut war. .
The Secretary OF War said thsre contract be.
tween the Government and the principals. He (Mr.
ORR iusis cd that there was contract But If thSre
none, put it upon the ground OF good faith The
country makes call for soldiers. comes forward and
offers himself The Government says TO him. II no will
furnish suitable substitute, he shall be discharged
He furnishes B. who is accepted ard mustered ID, and
is discharged as it coneoded that, consistently
with coed faith the Government could afterwards take
A and put bin into the army Senators had SAID
there could be no contract between the Government
and principal that it MEDIUM pdctunt, there be
ing no consideration. consideration was not neces
sary to contract. He directed the grave attention OF
Senators to this question of good faith They had con-
scribed czecs to the age thirty Eve They hsd said
them If it suited Their pleasure and convenience they
might furnish substitutes. Some OF the coascribed
searched substitutes paid them their money, and
having put them into the army and complied with all
the prescribed conditions scared thsir discharges
Now, il said, there was DO violation OF good faith
Ia putting in these prInclpsls.
But there other diEcu!ties in the way of this
bill. If was passed aud became law low was 1t to
be executed? He could say from Information that he
had that it could be executed, except by the
means recommended the other day By the Senator from
Mississippi MIR. BROWN in his revou tonary speech
Already it had beea decided by the Supreme Co1rt of
North Carolina that ey5n when substitute became
liable by the extension Of the oonscrpt age the prjnc
pal Was not liable. her decisions the subject
had been given in South Carolina, Alabama and Mis-
sisspp 1t proper be should here say, that the
octh Carolina State Court had had the general order
81 the War Department before them their decision
might have bern different But still that court had
decided that when the substitute accepted aud the
principal discharged the latter could not be taken again
IT, after this dscsian this bill is passed, the principals
when conscribed will sue out their writs OF hGbsas
pus and will be forthwith released and the Government
either 8cqulesce trampe the civil tribunals
der foot and put The whole country under military rule
as recommended by the gentleman from Mississippi
Mr.. Brown) He was hot prepared for such a condi-
ion Of things as this. He did not believe there was
any necessity for it. There set Ct declarations in
n orth Carolina, South Carolina and Alabama disoharg
ng the principals, and, in Mississippi putting them IL
% the army.
Those principals who had furnished substitutes were
odious class. He desired it to be understood that
relative particular friend had furnished substi
ute He had personal interest in the matter. But
e wished to protect untarnshed the good faith of the
Government to this cdious class and would not
overawed by the camor of the country the army.
lie unwilling to pass any law which might throw
stain upon the good faith OF the Goyernmsht.
1t necessary to pass another conscript law. lie
pared say what effect the passage of this
aw would have upon the old law, but thought it would
brCgate the whole of il and that would be less SUBJ
.c to Objection it would put In others besides those
ghO had furnished substitutes.
In conclusion, Mr. Orr proposed to amend the bill
y the following amendment, by way OF substitute
hat all principals VINO were liable to conscfipti0n
nder the several laws OF Congress- and who have fur
ished substitutes since the 18Th May, 1852 whose
tutes were not exempt from CONSUMPTION, or who
ave since become liable to conscrlption and all prn-
pals who have furnished substitutes since the ssh of
eptember, 1862, who were under the age OF eighteen
Ears, or who furnished In any partisan corps,
any company not fully organised and received By the
ar Department and all principals WHO have since
20th OF Jdy, 1863, furnished Eubstitutes and the
rvces OF such substitutes have been may hereafter
lost, from any other thp the Casualties OF
ar, are hereby declared liable to military service.
SkcT1es z. THAI all principals claiming exemp
on by of having furnished substitutes lzsaddi-
on to exhibiting exemption papers, shall be required
prove TO the satisfaction Of the enrolling officer that
is not embraced within either of the prov sons of the
rst section OF the act"
Mr.. Orr said if his amendment was adopted it would
ut into the army ah who did not have good snhst
ltee, and at the ssms time the good faith and
edit of the Government
Mr.. Maxwell, of Florida, moved to amend by adding
the House bill the following additional clause
As Nor shall it affect any person who s now actually
nployed 10 the CULTIVATION or experimenting the cu-
vaton of bis farm plantation, the farm or piaa.
on Of another unless his substitute has deserted
between eighteen and forty.fve years of age Pro-
d"d, There is no other white male person on such