The Hillsborough recorder., 1863-07-22

tion has ever since been exercised by our
Courts and Judges and treated as settled
until the present term Of the Court. In
Mason's case, the jurisdiction was exercis-
ed and soldier of the United States was
discharged by the Court. 1st Murphy $40
-(lSo9.) See also North Carolina Law
Repos'y, note. We have traditions of other
cases tried by single Judges, but no reports
we're made of them. About l847, while
on the Superior Court bench, | exercised
the jurisdiction, and soldier was brought
before me at Smilhvilie, on writ directed
to the officer in command at Fort CasweH
Capt. Childs. who afterwards SO highly
distinguished himself in Mexico. In the
matter Of Mills, who claimed exemption as
a shoemaker during the past winter, in my
letter TO Judge Battle and Judge Manly,
asking their opinion as to the construction
Of the conscription nd.exemption acts, all
three of US took it for granted that the
question OF jurisdiction was settled, and in
the opinion filed by nae in that and all of
The other cases which have been before me,
| set forth that the power ofIthe State
Judges to put construction upon acts Of
Congress so far as they involve the rights Of
the citizen Gas distinguished from mere..mil-
itary regulations is settled, and all OF the
other Judges in this State who have issued
writs Of habeas corpus have 50 treated it,
Judges Battle, French, Heath and Shipp0
The question has been considered as set
tied in the other States, and their Courts
have. in many cases, assumed and exercised
The jurisdiction. and it has been conceded
BY the Courts Of the United States. Chan
celor Kent, 1st VOL, 400, says: The
question vas therefore settled in favor of
a concurrent jurisdiction in that case, and
there has been decision and practice by the
Courts of other States" In the note ma
nv cases are referred to. Hurd, In his
treatise on habeas corpus, under title " con-
current jurisdiction" refers to and collates
great many cases which fully support his
inclusion I" 1t may be considered settled
that State courts may grant the writ in all
cases Of illegal confinement under the au-
thorily Of the United States" So if any
question can be settled by authority, the
concurrent jurisdiction u the State Courts
must be treated as settled. 1t must be pre-
sumed that this long series Of cases which
establish the concurrent jurisdiction Of the
State Courts and their power to put con-
struction on acts Of Congress when neces-
sary 10 the decision OF case before them,
is supported by the most clear and satisfac-
tory reasoning, and il would be idle 70 at
tempt to add any thing to what has been
said BY the many able Judges who have dis
cussei the question. i will content my
self BY making few extracts from some of
the opinions. Tilghman, Chief Justice, in
Lockington's case, Brightly Reports 269,
Gin 1919, says: ut is to be observed that
the authority Of the State Judges in cases
of habeas corpus emanates from the several
States. and moi from the United States. In
order TO destroy their jurisdiction. there's
fore, il is necessary to show, not that the
United States have given them jurisdiction.
but that Congress possesses and have ex-
creised the power Of taking away that ju-
risdiction which the States have vested in
their own Judges" Southard. j., in State
rs. Brearly, 2 South. 555, (lsl9) says:
l"lt will require in me great struggle,
both Of feeling and judgment, before shall
be prepared to deny the jurisdiction Of the
State and say that She has surrendered her
independence on questions like this, and
that her highest Judicial tribunal for such
purposes is incapable Of inquiring into the
Imprisonment Of her citizens, no matter
how gross or illegal il may be, provided it
be by the agents Of the United States and
Under color Of their laws. Have we lost
the jurisdiction because we cannot con.
strue and determine the extent and opera.
,ions Of acts Of Cobgrcsss We are often
compelled to construe them they are our
sIpreme law when made in conformity with
the Constitution. Is it because the United
states IS partyF How does she become
A party on such question: Is she a par.
Ity for the purpose Of despotism, whenever