The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1863-10-14
= From the Fsyei.eviiie Observer.
HABEAs CORPUS.
IN fHg MATTER or AugTrN.

lhe viii IN this case was retur0eu De-
lore me al Richmond Hill. Asit present
@d new question. I.desired TO have the
aid of Judge Battle and Manly at the hear
log. and also ihe benefit st argument by
counsel. For ~hch purpose, il was adj
josrnrd 60 this place. lregret that have
been disappointed. II becomes my duty
10 decide the case without the presence OF
the ether judges and without argument.
except by Mr.. Furches and Mr.. Winston
IN behalf OF the petitioner; so that lam
really nstspprised pf the ground on which
The Governor rests his claim OF authority.
The petitioneris is exempted as conscript
by reason Of q substitute, and is exempted
from duty asa militiaman by force Of the
i.t section of the act Of the last session OF
the Legislature. entitled /" An act in rela-
ton 10 fhe militia api guard for home de.
frnee." Major Harbn sets cut in his re-
turn to the writ, that he had The petitioner
arrested under an order Of the Adjutant
General for the purpose Of arresting con-
scripts aud deserters. "as said Austin wss
= member oi the Home Guard and liable
10 perform said duty" The order is in
these words:
Raleigh. September 18th. 1868.
Major A. A. Iarbin will iBm, dis,ey call out the
Hone Guard Of Dsvie county. and arss, every de-
serter o. recusant conserips within said ,osny, and
deliver iAem 10 Col. Msilsii q Camp Holmes. lfii
be necessary yoa can puisse said desertsn beyond
the limils of your county. Those eiizens who sid,
hafbor. or msinisin deserien will be suesssJ and
eounJ over 90 The courts 10 answer said charges.
ysu wiIl report 10 this Office the manner sn which
this order has bern executed.
By orsst of Gov. VANCE.
!. II. foole. A. A. Gen..
The question presented BY the petition
snd return is sf great importance. On the
enc hand. IL the Governor Is authorized To
require the Home Guard 70 perform the
service u arresting deserters aud con-
scripts. il will promote the efficiency Of
the Confederate army--en the either hand.
II will impose on ciilzens. who by the ACTS
&c Congress and oi the Legislature exempt
ID from conseription and militia duty. q
dangerous and irkseme labor.
The subject must be considered by a
Judge "ss a,dry question oi Law. "unsfrct.
ed by collateral considerations grow ing oul
~ The condition 81 our country, and for
this reason, his conclusien may differ froul
that Of those who are at liberty 10 look a
IL under the bias of feeling.
lti.a part Of the duty ofa soldier oi the
Confederate army 20 arrest deserieis snd
rscosant conscripis. The Governor ui .
State has certainly no authority 10 requlf,
a citizen unconnected with any mlhiar,
organization 10 perform this part ot Con
iederate seldier. Whether the GpsernaI
had authsriiy in reiIaire citizen belong.
rg 10 the militia 70 perinrm this deity. y
aanesrio6 which has not been decided. u
NAV be conceded. that The Legislature ha'
power 10 give this authority 60 the Govern
~ IN respect 20 the militia. on the ground
that they were liable TO be called into Oh,
service 81 the Confederate States. aud nigh
be required 10 10 part oi'thc duty. as =
compensation for not being called int,
,rrsire and required 10 do the whole dut,
81 q confederate soldier. llut IL - qnss
,irn worthy Of g,eat consideration. whether
,he Legislature has pewer Go suihsrizs M,
Governor 10 require this duty si citizen,
whu 10 no, belong 10 the militia, which i
The nhly military organization, except en-
listed soldiers. recognized by the couslitu
I'm. II IL not necessary i"r the purpose,
this case 10 decide the question, and i
= referred TO only for the sake Of appIyiu:
The role. where q power has never bees
before exercised and is doubtful. the Court,
will no, presume that il was the intention
y The Legislature 10 assume u, but willre
quire clear expression OF an intention 4
do so."
The matter then stands thus: The Go
vernon has not authority to require citi
zen who does not belong 10 the militia Il
perform this part Of the duty Of Coniede
rate soldier-has the Legislature conferet