Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1863-01-14
The wri. Of Hasea. Corpus Resisted.

"S PuotiaA oSiVW tue Calu. OF 6T.s. baanAnl, OF
this City detailing the circumstances attending the
resistance to the Aabeas corpus in the case of Mr.
Loftin. Comment is not necessary in SO plain
matter. That great writ is secured by the Consti-
tuition and the laws Of this State to every person
who is arrested and held in prison. Its object IS to
give hearing to the suspected party, in order that
it good cause exists for his Imprisonment, the i'm
prisonment shall continue until trial can be had;
and if no good cause exists, he shall be set at lib
erty. This was all Mr.. Loftin asked, but this was
denied him. We are neither his champion nor apol-
ogst for know nothing Of the facts in his case
we are simply cohtending for great principle as
old as civil liberty ITSELF If Mr. Loftin has CON-
mtted treason, adhered to our enemies, we trust
he will be punished butsf he be ;aaueert;of tsis
great crime, or Of any crime he is entitled to his
liberty. He has demanded an investigation of his
case, which has been denied him. Meanwhile he
languishes in the Bastile at Salisbury under the
iron hand of military power with many others,
who have asked in vain that their cases may be in
vestigated. The Judge who issued the writ in his
case has backed and the judicial ermine has been
lowered and dragged in the dust at the feet Of
subordinate military officer
For the Standard
Mr. sN:-In a late number of the Standard, you
stated that had sued out writ of habeas corpus be-
bali Of W. e. Ioftin prisoner confined in the Confed.
crate prison at Salisbury In the State Journal Of the Sd
nst in the leading editorial the following statement
made: --''-'
1--WE in the leading Conservative organ Of the State
day or two since that lawyer Of this City had sued out
writ of habeas corpus before Judge of this City, in be-
half OF prisoner confined at Salisbury We presume the
same remedy is open to all Others Why do they avail
Of Id
as the bulwark Of the citizen against arbitrary power"
lhave no comments to make the above, the edto
my object solely is to place you in possession of the facts
connected with this particular On the marning the
writ was issued you had the kindness to telegraph the Ed
to, of the Salisbury Vatchman. requesting him to inform
Loftln that writ had been sued out and that would be
Salisbury the next morning to present it to the Com
the Uacaman being in bis Office at the reception Of
the telegram his Assistant Mr. James, Immediately sought
an interview with Capt McCoy. the Commapdant. Not
conveyance, and (athough the day. Tuesday last
ncemen One went out to the Confederate prison. where
be found the Commandant who refused to allow him eth
to see the prisoner Loftn or communicate to him the
substance of the dispatch On Tuesday morning as tee
graphed would be done presented the writ Of habeas
ssd Hs1y AoGG He , refused use S to of 1oSy
corpus was suspended at Salisbury by the Confederate
government requested the privilege TO the prs-
tat grave and serious chages were preferred against
Lofn, and he was instructed to allow to him.
then suggested that II the charges against Loitn were
serious that he should have trial. investigation by
the proper officer had, aud if found guilty. punshed aud
that promptly, that evdsposed persons might be de-
tered from committing like offences but whether guilty
or innocent he should be allowed the benefit of counsel
This you know, Mr. Editor is allowed the most degraded
and abandoned and if they unable to employ it is
made obligatory the Judges to assign theu counsel
ynnA-S PFasssinn deear-
ing citizen officer refusing obey the writ ofAaeas
corpus guilty of high msdemcanor and for the first Of
fence subject to fine of five hundred doars-for the
second, thousand reminded Capt. Mccoy of this
provision, and inquired of him what would be his
should writ to be issued BY of the Justices
ofhe Peace of Rowan county, requiring him to be bound
over TO Indictment to be preferred for the
mission of this high misdemeanor. He answered that
he would not be arrested. said to him. did not know
what course the Judge granting the writ would take to
compel him to obey it, but if attachment issued
against him for contempt, and if the Sheriff of Rowan
county was commanded to the posse to enable
him 10 execute the writ what would he then do? The
ply was, have two hundred bayonets muskets poss
bly, was named and upon further nqurng HIM wheth.
er he had two hundred good to thenl was in
! formed he had.
This is succnct statement of the facts And must
further ask indulgence to say, that Captain Mccoy
treated me coarteousy and kindly. found him to be
gentleman of high intelligence possessing will and de
termination to carry out the orders Of superior officers
| H. A. BADHAM.
had forgot to state that on my return to Raleigh my
associate counsel Col. G Fowle, waited the Judge
who declined to take any further steps in the
Raleigh, Jan. 6, 1868.