Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1863-05-27
Habeas Corpus.


We publish below. decision by Chief Justice
Pearson, discharging M. Llnebarger on writ of
ha6eas corpus; and also letter from Judge Biggs,
to George v. Strong, Esq, counsel for Mr.. Line
barger, declining to entertain the case. Judge
Biggs in deciding that the contract Of suhstitu.
ton does not deprive the government of the power
or right to call other of the citizens to the public
defence" overlooks the fact that the government
solemnly pledged itself to accept substitutes for
the war from citizens under forty five, without re.
spect to the ages of the substitutes offered The
Judge would have stated the case correctly if he
had said, that the government "does not deprive
itself Of the power right to call other Of the cit
liens to the public Defence" except sohere 1T e.
pressly stpulates that citizens ho furnish substi
tutes shall not be LIABLE When law is passed,
and citizen complies with it for the time being be
has acted in good faith and is entitled to the ben.
eft of the law. Any subsequent action, depriVing
him Of that benefit, is er post taeto, and in bad
faith. This, it seems to US, is a rule of common
sense and common justice.
t We find the following notice in the Wilmington
Journal of the 21st:
ITO CoNscRPrs.-Judge Pearson, of this State,
having decided that parties furnishing substitutes
thirty-ive years, when the CONSUMPTION only
extended to that age, do not become liable them
selves on accolat of their substitutes becoming
liable under subsequent call, we are authorized to
state that the Confederate authorities do not regard
Judge Pearson's opinion authority, and that per-
sons who have obtained substitutes but subsequent
ly become liable through the liability of the substi
tutes, will be required either to enter the army or
procure new substitutes over the age Of the pres.
ent call"
This notice, we presume, was authorized by Gen.
Whiting 1t is cool, conclusive, and contemptuous.
The opinion of the Chief Justice of our State is
tra1npled under foot by the military, and the tyrant
who does so is careful to have the fact announced
in public journal. The decision of the Chief
Justice, it is true not having been pronounced in
open Court with the concurrence of his Associates,
is not binding except in the particular cases which
are brought before him; yet the decision is enti-
tied to respect and ought be conclusive with the
Observation-Disclosures. I'VE suppose the "author-
ity" which Gen. Whiting respects, and by which
he shapes his course is that Of Judge Biggs. fso,
the General will find himself much strengthened by
the luminous letter of the Judge which we give
below. He will find that Judge B. would not even
hear case of the kind referred to.
ROCKY MOUNT, N. c., April G, 1868.
Ny DEAR Sniff l correctly understand the
petition it is in behalf Of one who was liable to
scrpton under the first act conscripting al between
IS and 35. He hired substitute who was accept
ed and who was under 40; under the second act
the substitute became liable himself to CONSUMPTION,
and the petitioner thus being deprived of mis- SUBJ
stitute was enrolled and is now held liable to mill
tary service suppose if these be the facts, the
petitioner is without remedy, and it would be trou
Die and expense unnecessarily incurred to grant the
writ I take it that the contract of substitution
does not deprive the government Of the power or
right to call other of the citizens to the public de-
fence, otherwise the of defence by substitu-
ton would be greatly weakened. You can advise
Mr. Wilson that decline to issue the writ if un-
derstand the facts correctly.
return your account certified.
Truly yours,
ASA BIGGS.
I'LL