's decision was rendered on Tuesday last in the case of Josiah Blackburn
, who had furnished a substitute for the war, he suing for a discharge from the service on that ground.
It was decided by the Court
that the recent law of Congress, placing this class of persons in the service, was constitutional and the men liable to service, notwithstanding they may have been exempted for the war.--The Judge
denied that the Government
had the power to make a contract which would alienate her right to the services of every man capable of bearing arms, and that if such contract was made, it was null
and there was nothing in the Constitution
to restrain Congress from disregarding such contract whenever the exigencies of the service might require the assistance of all men capable of bearing arms.
The case was argued by Messrs Davis
for the petitioner, the Government
not being represented.
was remanded to Camp Lee upon the rendition of this decision.