Spirit of the age. [volume] (Raleigh, N.C.) 1849-1865, 1863-06-22

~ FNA1 SAhSS ALL O6o a
mander of the military district of Florida,
recognizes the decisions made by Chief JUS
tice Pearson Of North Carolina, as the Law in
cases where persons have had substitutes &c
eepted in their stead in the army. And We
learn furthermore, that Judge Magrath of
South Carolina, and Judge Jones of Alabama,
both Confederate District Court Judges, have
made similar decisions to those of Judge
Pearson, and that their decisions gre receiy-
ed as " the law of the land, beth by.Confed-
crate authorities in those States, and the pee-
pie" Such being the fact, we do not see wny
a fuss is attempted to be made oyer q like de-
cision in North Carolina. We have no fears
of a conflict between the State and Confed-
crate authorities on the subject. The decis-
ions of Judges in North Carolina, South.
Carolina and Alabama, all concurring in sep
timent, of course the Confederate governments
will receive them as the true intsrprataticn
and meaning of the law, and there will be IO
| conflict.
But these decisions, none of them, pro-
nounce the conscript law unconstitutional;
and it is a gross deception of the public so to
intimate. Such insinuations have deceived
those who knew not to the contrary, and
have done mischief in the army. Sold ers
have been advised by indiscreet and mIsg,1i-
ded friends at home, that such was the tie-
cision of our Judges, and that deserters
would be protected from arrest by Governor
Vance. It is false. Deserters from tie ar
my may rest assured that Gov. V. viii use aIl
efforts for their arrest, as heretofore.
Since the above was written, we find in the.
Progress of this city the following letter, from,
Adjutspt General Fowle to a Militia General.
which explains the matter, from which it.
will be seen that Gov. Vance requires AL
Militia officers to exert themselves to the ut
most in a~rresting d~eserters and skulking con-
scripts, "in order that the law may be en-
forced, and the ranks of our army kept fulp':
ExEcurIvE DEPARTMENT NORTH CARokNAsl
An-nAs@p~-v- , Gs-a1s@~llGA~&A-1A
Raleigh, June Is, 1861 y
General: Your. letter of June Sd las beeIa
received. In it you assert, that the "highp>
est Judicial authority known to the State has,
decided that Militia officers have no right 30,
arrest deserters," and intimate that, in your.
opinion, it is wrong for the Executive of 8ne,
State to expect Militia officers to do an an
lawful act in obedience to orders issued from
this Office.
Perhaps, General, you will be SURPRISED to
learn that no such decision has ever been.
made. The case in which it has been repor-
ted that such a decision was made, has been
so misunderstood that l applied to the Judges
Of the Supreme Court, now in session, for
the facts of the same, and the decision, if any
rendered therein.
By it, there was no decision as to the au-
thority of the Governor. That the parties
were admitted to bail and bound over to make
their appearance at the Superior Court when
the point could be made, and the case brought
before the Supreme Court for final adiudica-
, ton. In the consultation by the Supreme
Court, it was admitted by all the Judges,
that the Legislature had the power. to confer
the authority in question upon the Governor,
. but the Judges were not aware of the pas
sage of an act, in February, 1868, which had
not at that time been published, by which
, the power is given TO the Governor, drgine
t the war, to call out the Militia for local ane
l temporary service, Chapt. 51st, section l
! Acts '63. Indeed had the Act been call I'd tx
= their attention, it is doubtful whethsr i
would have applied to orders issued hefor
D it's ratification.
!. I have consulted with some of the mos
: eminent jurists of the State, both at tbs ba
= and on the Superior Court bench, and hav
been advised that this act unquestienabEy coz
: fers the power upon the Governor to ggde
out the militia for the performance Of any 10
: cal or temporary service, which he MAJ deer
< necessary for the public defence, and that To
re arrest of deserters and recusant conscript
d is a service of this character.
" The Governor has accordingly through m
> as Adjutant General, issued orders for the
p arrest and it is expected and required ct e
}; ery militia officer, in this time Of trial al