Year: 1863

Gov. Brown, of Georgia, in his message 10
the Legislature urges that the principals of SUBJ
stltutes should be conscrpted and put into the ar
my on the ground that the country needs their
services, and that the Government has the right
to arnul private contracts made with individuals
1T subsequent events demonstrate that the public
good calls for it, He enforces this view of the
case by showing that the Government has the right
ito make all private ri hts yield to the public good
as exempiihed in the impressment of private pro-
perty either for the support of the army Or for the
supply of any urgent public necessity. That the
only thing about it is, that the Government would
have to make just compensation for the injury
done, just as it Goes when it appropriates private
property to public use


Gov. Browns views on this subject are strongly
presented; and if we are not mistaken he has
cracked this hard nut at last, and that we shall
soon find Congress at work on bill to provide for
the conscription of the principals Of substitutes


After recommending the passage of resolution
instructing the senators and Representatives in
Congress, from Georgia, to vote for aud urge the
repeal of the conscr pit act authorizing the employ
ment of substitutes, Gov. Brown argues the ques-
tion of the power of Congress to make the change
He says:


"But it may be denied that the government can
now SO change the law, to make those who have
furnished substitutes liable to service, it is
bound by its contract to exempt them, and they
have acquired vested rights under the contract,
which it is not in the power of the government to
divest Let us examine this for moment l pur-
chase lot of land from the State Of Georgia. land
pay her one thousand dollars for it, and she con-
veys it to me by grant under her great seal. The
contract is as solemn and binding as the govern
ment can make it. My fee simple is vested and
complete But while | have the grant in my
pocket and the State has my money in her treas
ury, it is discovered that public necessity requires
the State to repossess herself of the land refuse
to sell to her; she may pay me just compensation
and take the land without my consept; she violates
no Fundamental principle, all our private rig hts
must yield to the public good, ard if are in
;ured, we can only require just compensation for
the injury:


Again, suppose have labored hard and made
upon my land surplus of provisions, which
my own right and property, and [ refuse to sell
them to the government when tne army is in need
of them; it may take them without my consent
and pay me just compensation and have been
deprived Of none of my constitutional rights.


" The ri ght of person who has employed SUBJ
sttute to be exempt from military service can GER
tainy stand upon no higher ground. The gov
erpinent has extended to such persons the privi-
lege of exemption upon the employment of pro-
per substitute; but if the public safety requires it,
the government certainly has much right to re-
woke this privilege it has take from me my
land, or my provisions, or other property, for pub
lie use; and all the person who employed the sub:
sttute coufd demand, would be just compensation
for the injury The measure of damages might
be the amount paid by the principal for bis substi
tute, less just pro rata for the time the substi
tute has served; and upon the payment of the
damage the ust compensation for it, the govern
ment would have the right to retain the substitute
as we'll as the principal in service, the substi-
tute has been paid by the principal for the service
and the principal has been compensated for the
damage done him by ordering him into service.
Itwould be competent, however, in estimating the
damages in such case. to take into the account the
interest the principal has in the success Of our
cause and the establishment Of our independence
as necessary the perpetues of his liberties and
the security of his rights. 1t would also be COM
petent to enquire whether he has indeed suffered
any pecuniary loss. If he has paid three thousand
dollars for a substitute, and has been kept cut of
the army for that for year, and during
that time he has made ten thousand dollars more,
by speculation otherwise, than he would have
made had he been in the army at eleven dollars
per month, the actual amount OF compensation due
from the government to him might be very small,
indeed, if anything