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

STATE OF NORTH. CARoL1SA,(
Rockingham County.
To the Honorable RICHMOND u. PEARSON, Chasf
Justice Of the Supreme Court Of the State ef0rs'
said:
The petition of John n Irwin, of the County afore-
said respectfully represents and sets iortn unto your
Honor that he was enrolled as conscrpt and taken
into Camp of instruction near the City of Raleigh
during the month of July, 1852, which said camp
was commanded by Major Peter Mallet, an agent Of
the Confederate States, whose duty it was to collect
all men between eighteen and thirty-fve years OF
are and distribute them as directed in an act OF
Congress, commonly known and called the COLI
scription act; that, being there in camp as con-
SCRIPT your petitioner engaged one Solomon A.
Gephart, aged thirtysix years, and citizen OF the
Confederate States, and offered him as substitute
for himself for the war; he thought he had right
to do under the said law of Congress- and the rules
and regulations prescribed for its execution by the
war department.
Your petitioner further showeth that upon the
production of the said Gephart into camp, the said
Malett caused him to take the usual oath OF citizen
ship and of his age, and after being certified as
competent and able to perform military duty by IN
army surgeon, he was accepted as substitute for
the war in place of your petitioner and thereupon
the said Mallett executed and delivered to your pc.
titioner discharge from the service all Of which
viii more fully appear by reference to the discharge
hereunto annexed marked ga" and prayed to be
taken IS part Of this petition.
Your petitioner further showeth unto your Honor
that recently at another enrolment of conscripts in
the County of Rockingham, he produced his said
discharge, and claimed an exemption by virtue
thereof but the enrolling officer held that the fur
nisaing substitute constituted no good claim for
exemption, and accordingly enrolled your petitioner
again as conscript, and your petitioner showeth,
that James Irwin, Colonel commanding the Goth
regiment Of North Carolina militia residing in the
County of Rockingham, has arrested your petitioner
for the purpose of enforcing his presence in the camp
aforesaid near Raleigh and now compels him to re-
main within the County of Rockingham, and to re-.
port to him at stated times and at particular places
until it may suit bis convenience to convey or send
him to camp.
Your petitioner is advised and charges that the
said arrest Of bis person and the restraint aforesaid
of his liberty by the said James Irwin, Colonel Of
the 6gth regiment North Carolina militia, is Illegal
the act of Congress under which he was enrolled
aconscrpt being unconstitutional and void. If mis-
taken in this, be alleges that, being discharged from
service by reason of having furnished the said Gep
hart as his substitute for the war as aforesaid it
now incompetent to Confederate States or its agents
in violation of the contract recited in the cericat,
of discharge executed by the sai Peter Mallett t.
compel MIN again to 90 into camp as consc-ipt
and he insists that the said arrest and restraint
his liberty BY the said James Irwin are Oppressive
and illegal in this point of view.
Your petitioner therefore prays your Honor t.
grant TO him the writ Of habeas corpus to be direct
ed to James Irwin, Colonel of the Goth regimen
North Carolina militia, requiring him to bring be
fore your Honor the body of your petitioner, will
the cause Of his capture and detention, that the sam
may be enquired into and relief may be afforded t
your petitioner
THOMAS SETTLE,
JOHN II. DILLARD,
For petitioner John NJ Irpin