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

| uho had placed Substitutes az the Arnv, Con-
sfituttonalp
The confident and fippant tone with which GER
tam editors and their correspondents have decided
that the recen: Act of Congress, placing the prn-
cpals of substitutes in the field is clearly unconst
tutonal, nd-that, too, without giving reasons or
quoting authority, would be simply amusing were
not the results, seemingly aimed at, of so disas
trous character as to demand serious attention
may be pardoned for opening the discussion of
dry question of law, with the hope satisfying in
tellsent and patriotic men and disarmiog agitators
OF one OF their irritating questions. I had sup
posed the question as yet an oper one, and it is
settled principle of law that the validity and
constitutionany of laws to be presumed unless
the contrary maniftstly appears-that until some
court or respectable legal authority should deny
ITS consttutlonahty-that not even the license of
the Press was justified in assuming it to be uncon-
stitutional.
The law was passed with almost unexampled una
umty by Congress- after much previous ENQUIRY
on the very question at issue, aud the question has
not been adjudicated by any Judge since its pas
sage. Is not this so? !? correspondent of the
Raleigh Standard, over the 81 gnature "Publius,"
asserts that our Supreme Court has decided that
the act of Congress allowing substitution
contract and from this argues that Congress has
no power to pass an act impairing the obligation
of contract. Now, it is denied that our Supreme
Court decided against the constitutionality of
such act as | am considering but expressly put
their decision Gin the matter of Bryan) upon the
ground of construction, that by their construction
Congress did not intend to conscribe substitutes
who were already Ill the army or their principals.
Both Judge Pearson and Judge Battle waiye all
other questions and put their decision upon the
ground that the conscript law did not apply to or
include substitutes
1t is admitted on all hands, that the agreement
49, L
tract, but it is to which they are the only par
ties-the Confederate States Government is not
party thereto. Are all contracts between private
individuals of so sacred and sovereign character
as to override general laws passed by the legisa-
ture of the Confederate States by virtue of the
constitution "to raise armies" for the public de.
fence :! Ii So, "the constitution and the laws of
the Confederate States passed in pursuance there
of ;" not "the supreme law of the land" But
we nation of "ndivduap' 'soveregns." If
A employs to work for him twelve months, does
this contract OF hiring exempt B from the para
mount claim that the Confederate States has on
him for military service Why none will so pre-
tend. Then it is not sufficient that the courts
should hold that substitution involves contract ;
it must be such contract Congress is inhibited
either by pledged faith and constitutional law from
violating.
Now [ am we'll aware that the Constitution of
the Confederate States prohibits States by n.me
from ''passing any law impairing the bEgation of
contracts and that this is literal copy of the
Constitution Of the United States, and that the
Supreme Court of the United States in constituting
this identical clause Of the Constitution of the u.
States have decided-"There is nothing in the
! Constitution of the United States which forbids
Congress to pass laws violating the obligation. of
contracts, though such power is denied to the sew
eral States" Erans Us Eaton, Peters, G.. G. II.
| p. 1922.
But [ don't intend to rest upon this, but shall
treat the question if Congress expressly in
hibited as well as the States from the passage of
such acts-in other words, bjec this act of Con-
gress to the as if it had been passed by State
Legislature. Surely none could ask ME to go fur
| ther. And if it be found such act as has been
approved constitutional in analogous by
both the Su15teale Court of the United States and
! of the dfferent States, then this cry Of "wolf,
wolf 3" will be rated at its true value.
! Then, is the Confederate States Government a
party the contract between the htrer Of the sub
stitute and the substituted? What has that Gov
ernment done to make it such lartv! First,
prior to the conscription law the Confederate States
makes requisition the several States for their
respective quotas of soldiers and North Carolina
undertook to raise her proportion III her own way;
first by volun'rering and failing 10 that by draft
inq. The first substitutes were hired in North
Carolina by those who had been drafted under
the State idUS, those who feared to be draft
cd and generally for very small sums of money
from $50 to $500. Now, clearly, Congress had
| done nothing so far to involve the Confederate
States 10 the contract. These the substitute
men who have been SO conspicuous in hadeds cor
pus proceedings, and who much favoured by
| the judicial decisions. There Was no act OF Con-
sress Of the Confederate States authorizing substi
tuition until the passage Of the conscript act
Clearly, as to this class of men, there is coDsti
tutonal impairment in the way of their being sub
jcct to military service.
+ La April 1862, Congress passes the first Con-
SCH ption Act, ordering to be enrolled all white
males between the ages of l8 and 35, allowing GER
tain exemptions on account of trades and offices,
and also allowing others, er gratin, as matter of
favor, to place another equally fit for service in
their stead, and by doing to acquire the prisi-
lese of exemption under this law. The Act does
no, stipulate for an exemption for any particular
time. 1t was known TO be repealable act; that
what Congress had passed for the public good it
could at any time, when satisfied of its inexpedi-
ency or insuficency, repeal, acting upon the same
high considerations.
! Now, whether the conscript shall elect to pro-
cure substitute or not and whether he procures
him by paying him money, or through favor or
affection, by the taking the place of his ia
ther or uice vsrsa, is matter of perfect indifer
ence to the Government. The change does not
operate to the benefit of the, Government, and was
not so intended, and consideration moves to the
, Government. The couscript is found or confessed