Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1863-06-03
Conflict of Authorities.

The Register, well pleased at tho least pretext
for assailing Gov. Vance, has long, prosy, I
and very dull article, in which it attempts to show
that Chief Justice Pearson has delivered an erro-
neous decision in the Irwin case and that the Sec
rotary of War has the right to say what is civil law
in North Carolina. The eminent jurist of the Beg
lister, who comes from the State that produced
Marshall, ought no: to hide his light under bushel
or fash iton the public at so late period as to do no
good. If he had laid down the law in advance, it
might have been of some advantage to the Chief
Justice and the Governor. 1t is hardly excusable
in him to have withheld itso long, leaving them to
decide and act upon the case in the dark. His de.
cision comes too late.
The Richmond Enquirer copies an 1rtcle from
paper tais State which in the profundity of its
wisdom and legal knowledge declares, that because
Gov Vance is sustaining the judiciary Of the State
he has combined in himself executive and judicial
functions. This assumption contradicts itself. 1t
is his sworn duty, as Governor, to that the de-
cisions OF our Courts are enforced Does that make
him judicial oficeri Does that place him in the
attitude of usurping judicial functionss What nom
sense!
We now say to che Register and to. all others,
that the argument has been closed in this case.
Judges Pearson and French have rendered decis-
ions discharging Irwin and Smith and Gov. Vance
has determined that no citizen of this State, who
has been discharged on writ of ha6eas corpus,
shall be arrested second time by order of the Sec
rotary of War. This determination is the result
FIRST of the obligation which is upon him to sustain
the decisions of our own Courts; and secondly, of
law passed at the last session of the Legislature,
which expressly provides that any person who shall
arrest second time person discharged on a writ
of habeas corpus, shall be subject for such offence
to fine and Imprisonment The case is, therefore,
closed. That Gov. Vance will maintain this posi-
ton we entertain no doubt. If any "confict"
should grow out of it the blame will not rest on
him. No one that we know of desires conflict
with the Confederate government; but if conflict
is to be the result Of attempt on the part of the
war department of the government TO override the
decisions of our Judges, and to substitute the
iase dirit of an officer who possesses no judicial
mower for the civil law in this State then we say
let the conflict come.
Nearly twelve months ago this journal was the
first in the Confederate States to urge on Congress
the establishment of Supreme Court. The sub.
ject was discussed in that body, but the Cour:
not established In the absence Of such tribunal,
the executive department has no right to expound
and interpret the law as to bind the State Judges
We know that the Constitution provides that this
Constitution and the laws Of the Confederate States
made in pursuance thereof shall be the supreme
law of the land;" but the Constitution has not pro-
yided that the President or the Secretary of War
shall settle judicially, as against the State Courts
the question whether law has been enacted sin
! pursuance" of that instrument: ASupreme Court
could do it. but they cannot IT. therefore, the ma
] chinery of the government had been completed, as
it should have been, the principle in the Irwin case,
I and in all other cases could have been decided by
| that tribunal on appeal, and the present conflict
/ would have been avoided.