Washington telegraph., 1863-06-03


'-Any person occupying a plantation with
Slaves" III is 60 be- understood fr5m Inc an
guage thns employed a. well a. from commoa
pariance- that there may b. plantations with
eut slaves, Or plantations with slaves upon
them.
The term pizHtzti2n T. frequently employed
W 50 rs to indicate the presence Nf o large num-
Der of slaves; but this depends upon the con-
neetion in which the WORT i nsei So il is
often used IN contraiistinctiun to the word
tarm But by no established rules of construc
ton can We infer the necessity ~ the presence
OF any particular number of slaves from the
word plantation. M used i'm the Act
Let am example be taken Suppose Herbert
were indicted under the Act for having no
white person upon his plantation to supervise
his slaves, ami il were proven upon the trial
] that there were but fel slEUss upon his place
Could he w legally acquitted upon tie ground
that his was not plantation an which there
were ylareg within the meaning Of the Actz
Viz think mot
Tie Legislature has not thought prop r to
designate shy particular number or slaves, and
We know W BO rule or construction ~ which
We can fix upon definite number We are
warranted hy the meaning Of the words used
in the Act. To shr that there must De slaues
upon the plantation above indicated; hut
beyond this nc have nothing 70 guide u. II
we should sly tral,g. why not say nineteen. or
any other number that mig ht be supposed.
very few slaves left upon piantation without
the presence Of some white person 10 exercise
a controlling influence over them. might do
much MI the mischief intended to be prevented
by the Act liz question.
H Nor does the Act require white man to be-
upon tie place, much less one carable II doing
military service. II il dd the female owner
or proprietor Of a plantation would be bound
10 employ tIe services of man. though she
might remain upon the place herself. But
this, Ii j. manifest, is not required of her by
the Act. II the male proprietor does net re-
main upon the place, lie must have some white
person thereon to oversee and maintain good
order among the slaves LII must not be an
infant IT tender years. incapab Of exerting
the required influence over them; but il may
he the pr0prietor's wife, mother. daughter, OF
any other white female it, in the common
judgment Of men, 70 occupy such position.
She would not Ne expected to 70 into tie field
n and oversee Tire slaves while at their labor, but
10 Dr. present upon the place to supervise their
condner, and exert a controlling influence or5r
them. Sha might, IS females often a., keep
good order among them; b. the exertion Ct
moral Influence, though incapable Of control
ling them by physical force.
Having. NJ we trust, ascertalne1 the mean
whether the Exemption Act Of Congress adopts
il with or without qualifications.
The counsel for the euroling officer concad-
ing, in his argument, that our statute omits to
fix the number 81 slaves, insists that the omis-
sion IA supplied by the Act Of Congress, and
that 10 fixes tine number nj twenty
Dat il is ciear that the Act nj Congress does
not expressly supply such omission; and we
find nothing in tbs Act from Which an intention
.H.s "
that part ef tie Act which refers t. the .-E1Bs
Or gTai7GgcsE gf any STATE" requiring -rhie
person t1 IN hspf' on - plantation" no refer
cnca is made IN any number Of saves. But il
Ia in -Sla,sa h4riRJ a5 szcS l1ss" that the Ac.
eZempts fr0rz military service person for
each plantation X flrsntr negroes. and one
person for every ti-cafy negroes on two or moro
nsi-hb0ring plantations.
Inc intention MI Congress seems to have been
No provide police f5r slave piantitols, By
military exemptions IN such II the States only
- had not provided for such police by their
gwn laws, aud u give effect aud leave III ope-
ration the police regulations provided by the
avs and ordinances Cf other States, by exempt
inE from military service snch persons n were
required by TN SO laws and ordinances to re-
main upon plantations for the police Of slaves,
with the quaili alton q proyIsO applying to
the plantations III an OF the States that no per-
sou was 20 BE exempted fur any plantation on
which there was any male adult not subject to
military duty
This legislation was respectful for the States
which had made their own regulations for the
police Of slave plantations, anl i. they are de-
fective i Is not the fault OF Cong ess; and If
Z there are vices growing out OF the legislation
Ut Congress. ID Is not the provision Of the
courts 20 correct them.
Herbert having failed to make il appear
that he was illegally restrained of his liberty,
he VS. improperly discharged On habeas cor
pUs BY the County Judge, ana a memorial Of
TIE proceedings III thy County Judge having
been made ana iled in the Office Of the Clerk
OBJ the Circuit Court of the County Of Hemp
stead, no was che duty Mi the Circuit Judge,
upon application made 10 him b. Tbs en-
4 rolling officer, 81 cause the proceedings to be
VI brought before him, b. cerfiorari. returnabe in
Y turn anu qgashed. Cod ~ al- EE pare 10
iTll rs; LiUiagStoH wv. Liriagston, "A Geo.
N. aT9
There j. one Of the reasons assigned by the
Circuit Judge, in his response 70 the Alternative
VIII "a mandamus, for net awarding the writ
ri certi0rari, which We deem it proper to notice
for tue purpose of correcting an erroneous i'm
preston which lie seems to have entertained
1t il this. thar the Judgment Of the County
Court discharEilE Herbert upon habeis cor
pus, was conclusive, and that the Circuit JUICE
had no jurisdiction ID rsvise y upon eerfi9-ar
Il Is true that the statute authorizes the
County Judge a. well a. the Cirslit ami Sl-
preme Judges or Courts. TO issue the writ Of
habeas corpus, and to hear ami determine the
causes OF Imprisonment Sc dig ch. Sd
And it j. also true that the HlbeAs Corpus Act
docs not provide for review Of tbs proceed
ings Of the County Judges By the superior
judges or tribunals in such matters.
But the Constitution provides that ''the Cir
cult Court snail exercise experimenting
control over all Inferior Courts, and shall have
power to issue all the necessary writs to carry
into effect their general and specific powers.
Art. VI, sec. S. And when an act Of the
Legislature has conferred Jurisdiction upon the
County Jadge in any matter, il must be sup
posed to have been done in reference TO this
provision Of the Constitution.
In granting aud hearing writs Of habeas
corpus, the Colnty Judge acts at Chambers,
and there is no remedy by appeal from an er-
roneous Judgment given by him. But bis pro-
Gee iings may be reviewed, and quasled or
affirmed, by the superior and supervising tri-
bunal, upon cerfi0rdri. Car1dH D. Crawford
County, 6 Eng n. 6Q4: Good ct al. er Pdrie abi
sup. LII it were otherwise, much mischief
might grow out Of erroneous judgments q
County Judges in habeas corpus cases.
The demurrer to the response Of the Circuit
Judge must be sustained, and peremptory
writ Of nsandamus issued commanding him to