Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1863-06-10

the enrolling officer, held his claim invalid, and again
enrolled him as conscript law Of Congress hav-
ing by this time been passed so as to embrace per-
sons from thirty.fve to forty five years Of age;
that under this decision OF the enrolling Officer
James Irwin Colonel of the 69th regiment Of North
Carolina Militia, arrested your petitioner to convey
him to camp; whereupon, your petitioner engaged
A. J. Boyd. Thomas Settle and John 81. billiard q
his attorneys to get him released from custody;
that his said counsel advising him that his srrest
under the circumstances was illegal, he caused On
application to be made to the Hon. Richmond n.
Pearson, Chief Justice Of the Supreme Court Of
North Carolina, for . writ of ha6eds corpus, who
granted the same, and ordered the body of your
petitioner to be brought before him on day named
therein by the said james Irwin, who had arrested
him as aforesaid and your petitioner sheweth that
upon the return of the said writ the said Chief
Justice after full consideration of the case ordered
that your petitioner be discharged with liberty to
20 wheresoever he would; all Of which will more
fully appear by q duly certified copy Of the pro.
ceedings in the case hereunto annexed, and prayed
to be referred to by your Excellency.
And your petitioner further sheweth unto your
Excelency, that being discharged IS aforesaid, he
returned to bis home and enjoyed the full liberty
of going wheresover be pleased, until the 2lst day
of May, 1868, when an officer and three privates
came to the County of Rockingham, all armed, and
pretending to be authorized by the said Mallett,
coWtnailueF Vi cOnScTlptS u0Oer tue Secretary VI
War or Adjutant General of the Confederate States
arrested your petitioner and conveyed him agsinst
his will to Camp Holiness near Raleigh, where be
is now confined, and whence he VIII Be shortly. 70.
moved having been already assigned 10 She 7th
North Carolina regiment which is now in the SER
vice in the State of Virginia.
Your petitioner is advised and believes that the
arrest from which he was relieved by the decision
of the Hon. R NJ. Pearson, was wholly illegal, and
that the decision a cnrront ono fha roooouo
stated in the opinion to which your Excellency is
referred and he insists that the construction of the
act of Congress, commonly called the CONSUMPTION
act, having been drawn in question and decided in
your petitioners case before His Honor Judge
Pearson, and in the opinion of the said Judge your
petitioner not being liable to any further military
service his decision ought to be respected at home
and abroad, and should have protected him from
the illegal arrest lately made under pretended or.
ders OF the War Department at Richmond
Your petitioner sheweth that he has appealed in
the assertion Of his rights as citizen of the State
to the Hon. Richmond N. Pearson, the highest iu
dcia officer in the State and now finding his con.
struction of the law of Congress (Which ought to
be final in reference to his personal liberty entirely
disregardcd and being again illegally restrained Of
his liberty in contempt Of the civil authority of his
State, it remains 70. your petitioner as last resort
to appeal to your Excellency, as the Chief Magis-
trate Of the State, and have the question settled,
whether the military is to be subordinate to the
civil authority, or the civil authority to the military
In tender consideration of the premises, your Pc
titioner prays your Excellency to demand his sur
render and release. And as in duty bound, be will
ever pray; &C.
JOHN N. IRWIN.
By A. j. BoYD, T. SETTLE and j. II. DnLARD, his
Attorneys.
To his Ercellency D. 3. Vance Gocernor Of the
State Of North, Carolina:
The undersigned beg leave to say that they rep.
resented John N. Irwin his writ Of habeas corpus
before the Hon. r. NJ Pearson, Chief Justice, and
that the facts and statements contained in the petit
ton Of John N Irwin, now addressed to your Excel
lency, are as they believe substantially true, and
we beg leave respectfully the counsel of the said
John N. Irwin, and citizens of the State to ask your
Excellency to sustain the civil authority of North
Carolina by demanding the surrender of the said
Irwin if compatible with your Excelency's sense o.
duty. Very respectfully,
THOMAS SETTLE,
T. Fl DILLARD