Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1863-06-05
THE IRWIN CASE.
STATE OF NORTH CAROLINA,

STATE OF NORTH CARoLINA,l
Rockingham County.
To tho Honorable RICHMOND N. PEARSON, CHIEF
Justice Of the Suprems Court Of the State afore-
sGid:
The petition of John n Irwin, of the County afore-
said respectfully represents and sets forth unto your
Honor that he was enrolled as conscrpt and taken
into Camp of Instruction near the City of Raleigh
during the month of July, 1862, which said camp
was commanded by Major Peter Mallet an agent of
the Confederate States, whose duty it to collect
all men between eighteen and thirty-6v years of
age, and distribute them directed in an act of
Congress- commonly known and called the con-
scripton act; that being there in camp as con-
script your petitioner engaged one Solomon A
Gephart, aged thirty six years. and citizen OF the
Confederate States and offered him su Institute
for himself for the war; he thought he had right
to do under the said law of Congress- and the rules
and regulations prescribed for its execution by the
war department.
Your petitioner further showeth that upon the
production of the said Gephart into camp, the said
Malett caused him to take the usual oath of citizen
ship and of his age, and after being certified
competent and able to perform military duty by an
army surgeon, he was accepted as substitute for
the war in place of your petitioner, and thereupon
the said Mallett executed and delivered to your pc
titioner discharge from the service all of which
will more fully appear by reference to the discharge
taken part of this petition
Your petitioner further showeth unto your Honor
that recently at another enrolment of conscrpts in
the County of Rockingham, he produced his said
discharge, and claimed exemption by virtue
thereof but the enrolling officer held that the fur
nishing substitute constituted no good claim for
exemption, and accordingly enrolled your petitioner
again as conscript, and your petitioner showeth,
that James Irwin, Colonel commanding the Goth
regiment of North Carolina militia residing in the
County of Rockingham, has arrested your petitioner
for the purpose of enforcing his presence in the camp
aforesaid near Raleigh and now compels him to re-
main within the County of Rockingham, and to re-
port to him at stated times and at particular places
until it may suit his convenience to convey or send
him to camp.
Your petitioner is advised and charges, that the
said arrest of his person and the restraint aforesaid
of his liberty by the said James Irwin Colonel of
the 69th regiment North Carolina militia is illegal
the act Of Congress under which he was enrolled as
. cOnscript being unconstitutional and void If mis-
taken in this he alleges that being discharged from
service 10y reason of having furnished the said Gep
hat as his substitute for the as aforesaid it is
incompetent to Confederate States or its agents.
in violation of the contract rected in the certificate
of discharge executed by the said Peter MaIett to
compel him again to go into camp as a consc-ipt
and he insists that the said arrest and restraint of
his liberty by the said James Irwin are oppressive
and illegal in this point of view.
Your petitioner therefore prays your Honor to
grant to him the writ of habeas corpus to be direct
ed to James Irwin, Colonel of the 69th regiment
North Carolina militia, requiring him to bring be-
fore your Honor the body of your petitioner, with
the cause of his capture and detention that the
may be enquired into and relief may be afforded to
your petitioner.
THOMAS SETTLE,
JOHN II. BILLIARD,
For petitioner John NJ Irwin