Clark v. Mayor of Baltimore

Robinson, J., delivered the opinion of the court. On the 17th of October, 1863, the President issued a proclamation, calling upon the Governors of the several States, to “ raise and have enlisted for the various regiments in the field, from their respective States, their quotas of three hundred thousand men.” The States failing to furnish their quotas under this call, the President issued the following order: Executive Mansion, February 1, 1864. Ordered, that a draft for five hundred thousand men, to serve for three years, or during the war, be made on the loth of March next, for the military service of the United States, crediting and deducting therefrom, so many as may *have been enlisted or drafted into the service prior to the 1st day of March, and not heretofore credited. (Signed) ABRAHAM LINCOLN.

By order of the Secretary of War. E. D. TOWNSEND, Asst. Adft Gen’l. ²⁸³ On the 16th of February, 1864, the following Ordinance was passed by the Mayor and City Council of Baltimore: Section 1. Be it enacted and ordained by the Mayor and City Council of Baltimore, That the sum of six hundred thousand dollars, or so much thereof as may be necessary, be and the same is hereby appropriated to be used exclusively as a bounty fund, and to be paid to such persons as may have volunteered, as well as those who may volunteer, to fill any regiments, battalions and companies now in the field, heretofore raised in the City of Baltimore, or in the several regiments 01 artillery or cavalry companies raised, or to be raised, in the City of Baltimore, and have been or'may be mustered into the service of the United States as a part of the quota of said city, under the late' call of the President of the United States, for five hundred thousand men.

Section 2. And be it enacted and ordained, That every non-commissioned officer, private, bugler, drummer and fifer who may have volunteered, or who may volunteer, and who may be mustered into the service of the United States, in any of the regiments, or artillery or cavalry companies that have been, or that may be, raised in the City of Baltimore, and who may be recognized by the Governor of the State and the Assistant Provost Marshal General of the United States as a part of the quota of the City of Baltimore, under the late call of the President of the United States, for -five hundred thousand men, and none others, shall be entitled to the sum of two hundred dollars- — one hundred dollars payable on being mustered into the service, etc. Section 3. And be it enacted and ordained, That on receiving satisfactory evidence that any party claiming the benefits *of this ordinance has been mustered into the service' of the United States as a part of the quota of the City of Baltimore, under the call of the'President of the United States as aforesaid, etc. It is admitted that the appellant enlisted at Baltimore City, in Company G, Fourth Regiment of United States Colored Troops, a regiment raised in the city and credited as part of the quota of the city under the call of the President for five hundred thousand men. That he was mustered into the service on the nth of August, 1863, and was honorably discharged ²⁸⁴ in May, 1866.

The right of the appellant, under this statement of facts, to recover the bounty of two hundred dollars, is the question submitted to this court. With regard to the policy of the Ordinance, whether expedient or inexpedient, just or unjust, are questions ■ with which we have nothing to do. If passed by a corporation within the scope of its delegated powers, it is valid and must be so declared by this court; assuming then, in this case, the Ordinance to be a valid exercise of legislative power, — and on this point we express no opinion, — it is our duty to interpret it according to the intention of the framers of the law. “ The only rule,” says Chief Justice Tindal, “ for the construction of Acts of Parliament, is that they should be construed according to the intent of the Parliament which passed the Act.” Dukedom of Sussex, 8 Lond. Jur. 795.

To ascertain this we are first to consider the words employed, and interpret them according to their plain, ordinary and natural import, having some regard to their order and grammatical arrangement. If they are clear, precise and unambiguous, the Legislature must be understood to mean what it has plainly expressed. On the part of the appellant it is insisted that the Ordinance acts retrospectively, and includes within its terms, all who had volunteered, and who were credited upon the quota of the city under the late call, without reference to the time of their enlistment. Now it is a universal rule, that no statute will be construed to act retrospectively, unless such a purpose be plainly expressed. *Is there anything in this Ordinance which thus plainly declares such an intention?

Provision is made in the first section for a bounty fund of six hundred thousand dollars, “to be paid to such persons as may have volunteered as well as those who may volunteer to fill up any regiments,” “ raised or to be raised in the City of Baltimore, and have been or may be mustered into the service of the United States as a part of the quota of said city, under the late call of the President of the United States for 500,000