Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1863-01-09
The Writ of Habeas Corpus Resisted.


We publish below the Card of Mr.. Badham, of
this City, detailing the circumstances attending the
resistance to the ha6eGs corpus in the ease of Mr..
Loftin. Comment is not necessary in so plain q
matter. That great writ is secured by the Const'-
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
if good cause exists for his imprisonment the I'M
prisonment shall continue until trial can be had;
and if no good 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 we know nothing Of the facts in his CASE
we are simply contending for great principle as
old as civil liberty itself. If Mr.. Loftin has CON-
United treason, or adhered to our enemies, trust
he will be punished; but If he be innocent Of this
great crime, 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 Bastie 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.. HOLDEN In a late number of the SGaddrd, you
stated that had sued out writ of hbeas corpus in be-
half of W. c. Loftin, prisoner confined in the Conied
crate prison at Salisbury In the State Journal of the Sd
inst in the leading editorial the following statement is
made:
I'VE saw in the leading Conservative organ of the State
day two since that lawyer of this City had sued out
writ of kabeas corpus before Judge of this City, in be-
half of prisoner confined at Salisbury We presume the
remedy open all others. Why do they avail
themselves of the remedy: That great writ is intended
as the buwark Of the citizen against arbitrary power
lhave no comments To make the above the editO
rial in which occurs and in calling Your attention to it,
object solely to place you in possession of the facts
connected with this particular On the ~rnng the
writ was issued had the kindness to telegraph the Ed
oI of the Salisbury Wdtcda. requesting him inform
iothn that writ had been sued out and that would be
IN Salisbury the next morning present il to the Com
mandant Of that military post Your friend the Editor of
the HGeanaR, not being in his office at the reception of
the telegram his Assistant Mr. James Immediately sought
an interview with Capt. Mccoy. The COmmsndant Not
finding the Captain in his Office Mr. james procured
conveyance, and (athOugh the day, Tuesday last
Indictment one out TO the Confederate prison. where
he found the Commandant who refused Ia allow him eth
er TO See the prisoner Lottn communicate to him the
substance OF The dispatch On Tuesday morning las ele
graPhed would be dUne presented the writ of hdbeEs
corpus to Capt Henry Mccoy. He refused to obey the
WRIT and responded in writing that the writ Of hdbdS
corpus suspended at Salisbury by the Confederate
government requested the privilege TO the pris
| uner This was denied ME, the Captain informing me
that grave and serious charges preferred against
LOftIn, and he wasjnstruced to allow to see him
then suggested that if the charges against Lon
|
the proper officer had and if found guilty. punished and
that promptly that evdiSposed persons might be de-
TERED from committing like Offences but Whether guilty
or innocent he should be allowed the benefit of counsel
This know, Mr.. Editor, is allowed the degraded
and abandoned and if they unable employ, it is
made obligatory the Judges assign them counsel
You that we have statutory provision declar-
ing any citizen officer refusing obey the writ of hedS
corpus guilty of high msdemcanUr and for the first of
fence, subject to fine of five hundred dollars-or the
second one thousand. reminded Capt Mccoy of this
provision, and inquired Of him what would be his
should writ 10 be issued by one of the Justices
of the Peace of Rowan county, requiring him TO be bound
over 10 answer indictment to be preferred for the
mission Of this high miSdemeanor. lie 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, aud if the Sheriff of Rowan
county commanded to the p0Sse TO enable
him TO execute the writ what would he then do? The
ply was have two hundred bayouets, muskets posi-
oily named and upon further nqurng OF HIM wheth
ct he had two hundred good to them, was in
| formed he had.
This is succiuct statement of the facts. And mnst
further ask your udug ence say that Captain McCOy
treated me courteously and kindly found him to be
gentleman Of high intelligence, possessing will and de-
termination to carry the orders Of superior officers
H. A. BADHAM.
had forgot to state that return Raleigh, my
associate Counsel CO... e FOwe waited the Jud &C.
who declined to take any further steps in the
Raleigh Jan. 6, 1853