Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1863-06-05

the enrolling officer, held his claim invalid and again
enrolled him as a conscript, law of Congress hav-
ing by this time been passed. as to embrace per-
sons from thirty.fve to forty-fVe years OF age;
that under this decision of the enrolling othcer,
James Irwin Colonel of the Goth regiment OF North
Carolina Militia, arrested your petitioner to convey
him to camp; whereupon, your petitioner engaged
A. j. Boyd, Thomas Settle and John II. billiard as
his attorneys, to get him released from custody;
chat his said counsel advising him that his arrest
under the circumstances was illegal, he caused an
application to be made to the Hon. Richmond NJ.
Pearson, Chief Justice of the Supreme Court of
North Carolina for writ of hGbeas corpus, who
granted the same and ordered the body of your
petitioner to be brought before him q day named
therein, by the said James Irwin who had arrested
him as aforesaid, and your petitioner sheweth that
upon the return of the said writ, the said Chief
Justice after full consideration of the case ordered
that your petitioner be discharged, with h6ertyto
go wheresOever he would all Of which will more
Jolly appear by a duly certified copy Of the pro.
ceedings in the case hereunto annexed, and prayed
to be referred to by your Excellency. '-s p. d.
And your petitioner further sheweth unto your
Excellency, that being discharged as aforesaid he
returned to his home and enjoyed the full liberty
of going wheresover he pleased, until the 2lst day
of May, 1868, when an officer and three privates
came to the County of Rockingham, all armed, and
pretending to be authorized by the said Msllett,
commander of conscripts under the Secretary Of
War or Adutant General of the Confederate States,
arrested your petitioner and conveyed him against
his will to Camp Holmes, near Raleigh, where he
is now confined, and whence he will be shortly re-
moved, having been already assigned to the 7th
North Carolina regiment which is now in the SER
vice in the State of Virginia
Your petitioner is advised and believes that the
arrest from which he was relieved by the decision
of the Hon. R. NJ Pearson, was wholly illegal, and
that the decision correct one, for the reasons
stated in the opinion to which your Excellency is
referred and he insists that the construction of the
act of Congress, commonly. called the consumption
act, having been drawn in question and decided in
your petitioners case before His Honor Judge
Pearson, and IN the opinion Of the said Judge your
petitioner not being liable to any further military
service, his decision oughtto be respected at home
and abroad, and should have protected him from
the illegal arrest lately made under pretended or
ders of the War Department at Richmond
Your petitioner sheweth that he has appealed, in
the assertion Of his rights citizen Of the State
to the Hon. Richmond VI. Pearson, the highest ju'
dicial officer in the State and finding his con-
structiOn of the law of Congress (Which ought to
be final II reference TO his personal liberty entirely
dlSregardcd and being again illegally restrained Of
his liberty in contempt Of the civil authority of his
State it remains 70: your petitioner last resort
to appeal to your Excellency, as the Chief Magis
trate Of the State, and have the question settled
whether the military is to be subordinate to the
civil authority, the civil authority to the military
In tender consideration OF the premises, your Pc
titioGer prayS your Excellency to demand his sur
render and release. And as IN duty bound, he will
ever pray, &c.
JOHN n. IRWIN
BY A j. BOYD T. SETTLE and j. Ii. DnLARD, his
Attorneys.
To his Ereelleacy Z. & Vance, Governor Of the
State 81 North Carolina:
The undersigned beg leave to say that they rep
resented John y. Irvin his writ of hGJeds corpus
before the Hon. r NJ Pearson, Chief Justice, and
that the facts and statements contained in the petit
ton OF John \. Irwin, now addressed to your Excel
lency, are as they believe substantially true and
We beg leave respectfully the counsel of the said
John n. Irwin, and citizens of the State to ask your
Excellency to sustain the civil authority of North
Carolina by demanding the surrender of the said
Irwin, if compatible with your Excellencys Of
duty. Very respectfully,
A j. BOYD,
THOMAS SETTLE,
j. II. BILLIARD.