Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1864-02-11
Ia the mmtter of Alexander WILLIAMS.
Habeas corpus from Moore County.

HdbeaS corpus from Moore County,
The being liable TO military service draft
ed in 1862 aud furnished substitute Is years OF
The substitute accepted, mustered into service for
three years the war, and Petitioner regularly dis
The under arrest by order Of the enroll
proved Jany s. 1864, tt at person shall be e3emted
from military service by OF his having furnished
Petitioner insists that the Congress in violation
of the Cons of the Confederate States and 30 his
The Question whether 10 void for repDgnancy
the Constitution all times one of much deeacy
which ought peldom be &c eide in the affirmative
doubtful case. The Court, when impeled by duty to
judgement, would be unworthy OF its sta
ticu could be unnindfu of the solemn Obligations winch
and vague that the Legislature is to be
considered void The opposition between the Coostitu
tion and the law should be SUCH that the Jodgs fe;s
clear and strong conviction of their 1ncompaublly win
each other As the Court never be unmlndfu OF the
solemn duty imposed the judicial depsr'mept when
claim supported by act which conflicts vi the Con
sttution Court can be unmndul of it's duty
obey laws which are authorized by that instrument
Marshall c. j., Fletcher Peck Craneh 81, and o. B.
There nothing the Constitution of the Confederate
obligation ofcontracts though such power ia denied to the
States which forbds the Legislature OF State
Law which Invested rights vested by law in an Individual
provided its effect be not to impair the obgati Of con
to retrospective laws which do not impair the
obQaen of contracts patake Of the character OF
post fdcto laws: Evans " Eaton Pe5er1 u q: b. az
cer Peters IS Charles Riv yer Bridge Warren BRIDGE
ct si.. IL Peters $50.
So is every act which in view may seem to be
hardship the citizen. against our pIeconceV-
ed notions of right and natural justice which against IN
Constitution of the Confederate States We could net
ply Declaration Of Rgh and state CONSTITUTIONS IS
and level to any aid every act OF cur OWE egsa
lure, which might work nleDoe or harosnp. OF
which me hit seem to be arbitrary legislation and IN con
the question g aG an a. IL es
the great rights by Deca alton of Rights and
State Constitution are abstract.
pend upon reference to State Constitution and by which
By this doctrine the act if done in conformity State
would be free fre OF lection uAder the Fede-
the act would be tree fon such objection This il Ell
ec oud nco porate The tate Cons tu ion in and make
part of the Federal Gonstiu ion No such rule OF con-
ssruction exists. CHARLES River Bridge Go. Warren
Bridge ct al, IL Peters $40.
great weight hen the words Ct statue are obscure ad
open construction but sanction ccnsttuc-
ton at variance with the manifest meaning Ct the egs-
ature expressed in plain and urambg1ous terms tie ar
gumen ab inconueniento is under mary crcu0 stances
valid this extent ard the law will suffer phi
sar msehisf Which is pecuaro one Than an neon
venienee Whicb may preiudiee many Brows Legal ak
inns, Sc. Ca der ct TX Bull ct uz Dali i86, II ae j.
Evans vs.. Jordan, Cranch 203.
1t has been urged against tire ac that it is rot ouy re-
Irrespective in its operation dvestnR vested rights but Is
against ano:Gr clear principle Justice in making
pensaon to the principal for what paid sub
under the former act Whc autho1z'd hn to EN-
nlov substitute There is no prohibition the Consttu-
lion ns Congress passing laws retrospective il Their
operation whch may Vst veste rights TIE oEds
not to be found in the CoIstl,ul nor any m
ate States prohbi Congress from passing any er posi-
lao or law denying s6e b a
primary et}mocgy of the term post tdco is now and
has been from period long anterior to the adoption OF the
Constitution of te Uni ed States settled by egislA
tors authors ard judicial decisns that it re aes 70 pena
and criminal laws which impose lunitLments torte
rights letrospecuVely Watson vs. hercer, fGt'rs 08
Dickinson vs. Dickinson Mur s27; Blackstone F der
ais Eriots Debates on tie Fedora! Constitution; hent
Story.
potor Mr. In. fice
Johnson SAYS, The this difficulty out o
unh ppy idea that the phrase post tGco in the Con
cases exclusively, decision VIII leaves large class OF
bitrary legislative without the prohibition OF the
ConstItu ion Whatever may he The The decision
-ita leE scripa eSt' additional argument night be
drawn, needed TO show its admitted restricted
appc alton in the secuIy which il specifically given
to property slaves ganst legislation ny Congress- oy
the clause allowed quoted on tbs Son'eoeaa s
law denying mpairing the right OF property III negro
!" Principals and others will say, that would have
been but justice i'll Congress to IetGe the amount OF
porlon7 which paid to substitutes under the ac
which gave authority employ them, to make
some compensation to what Loaf 10 tbs by the &C. III
question this viaw though perhaps an equitable one
cannot have q cont oirg il lueGce. In the U.
Schooner Peggy Cranch 03 Marshall, C. j., says, 1t
true that in m 15 1ns 10
ton which will, ty retrospective operation, h3ct the
rights of parties but in great national concsns where
individual rights, acquired by EacIhced Tor Ma
tionG purposes, the contract ee fES TO the Treaty BE-
tween lance ana the onled eaoes IL toU1 lnahs LIE
ing manifest import and if the ration las given up
the vested Tghs OF lis citZens not 1r ne tous bG'
for the Government consider whether it be prop
eide acc. rdin to existing laws necessary
set asid. Judgment Tgktu tcieT rendered, hut winch
be affirmed bat II violation OF law the Judgment
must be set aside.
The Congress shall have power rae aid support
armies To make rules for the and lion
of the land and Lava fofces. And ale make al laws
which shall be and proper tor catT INTO exc
BY this Constitution the NEXT OF the
states or in any department or o1eef Thereof. See s.
c r. IA, lS Constitution onit derste states The gov
erpment Of the Union government OF the people 1t
emanaes from them is powers are granted b5 ttsm
eft. government which has right TO 60 an act and
has imposed it the duty OF performing that act AUST
according to the dictates OF on bs allowed 10 select
tie means Ii tue be legitimate and within he scope
of the Constitution eli he which ale appropriate
which ale plainly adapted to that eLd and Inch are not
prohibited, may copsnliopaly be employed TO Try 1t
The degree OF its necessty 's q9es'!o, OF
satiVe discretion, Iot Ut 1delh COe hCV NaloeF
ct ak vs.. Bull ct TX, ) Dahl. 5o6, lreuell. j.
Legislative power is the life inc'Po whlca ditee'f the
power &C. Congress, bu every Congress, 30
eIcise this sovereign make all Hs VIII n shall
be and proper for carrying ito eXet ion he
great psioa urjoct tie action o. the lex Con
gress the inject, ii 20 so IN peFetnt" al
thus the express power eraAt s Congress 10 mako
all laws which shall be nectsseiy ed proper lor
INTO execution the granted poweIs, b. dead letter
settled in 9 legislative maxim. " acis OF para'E ~ ~,
not Because the legislative being in truth the sovereign
power, is always CT equal always of absolute authority
legislature have been, if ordinances could bind
subsequent parliament. ! b. 90; Comm. 80; charles
River Bridge vs. Warren Bridge ct al IL Peters 40.
The States have no power. BY taxation otherwise,
to retard impede burden or in any manner coLtrol tie
carry into execution tie power vested in the general
government Marshall, @. J Fletcher Peck Peters
Suppose Congress were to pass an act uspendng the
privilege of the writ of Habeas Curpus, might
khCn lfpp.