Western sentinel. [volume] (Winston [i.e. Winston-Salem], N.C.) 1856-1886, 1863-12-10
Chatham 2, Caldwell 2, Wilkes 2, Burke /,
Reskiaghafn l, Warren l, Franklin /, Guilford
l, Sosth Carolina 8, Virginia 3.--Tetal 1868.

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l, Sosth Carolina 8, Virginia 3.-Total 1868.
From the Greensboro Patriot Nov. Ia.
Habeas Corpus.
MEssRs. EDITORS Although the eouatry
has bess recently favored with an elaborate de
eision, "a which majority of our Supreme
Court Judges have selemniy and in dss form
OF law affirmed for themselves and the Circuit
Superior Court Judges of our State, the right
to sxerdse concurrent jurrisdietioa with the dis
triet Judges of the Confederate States, in re-
gard tothe writ of Ha6sas Corpus, I am still
disposed as an humble citizen, aud without that
profouad knowledge OF the insrieaeies and tech
nieaG.ass at ths law, whica is so generally
corded to the legal profession to arraiga the
policy as well as the legality of this writ, when
ever issued by State Judge in behalf of an
individual who is in controversy with the Cen>
federate Government, as to q matter of arrest,
| uaeer its aathority-either civil Or military.
And at the same time, let me assure you, |
| am not disposed TO yield to any man, in my
respect for ths law, and in my regard and ven.
GRAFTON for discreet, judieieus, and upright
Judge. But have long since discovered, that
Our Judges, are all 'smea of like passions" with
the rest o.e mankind, aud maaifsstly liable to
err--thas they do sometimes err, beta Ia their
opinions and Judgements, and also in conduct,
aud as consequence, that they are not infalli.
BILE. [ am therefore constrained to believe that
she decisions of the class above referred to, are
all perhaps erroneous, and am fully aware in
assuming this position, that am exposing nay.
self at least te the charge of ignorance and pre-
mptea, bat as firm and devoted friend of
nay ceunsry, am still as trust able nsvsrths
less to ssrsnder q reason fer the faith that is in
me-"
1t is evident to every man Of reflection, that
40 decision of sny Of tho State Courts, can Pos~
sibly settle the question of CONSUMPTION liabil-
isy, with any degrees OF uniformity and justice.
and it would therefore appear to be certainly
proper snd right that this question should Rave
been rems.sd snhssitatisgIy, and in good faith
by eur State Judges to that jurisdistiea which
is eo-exteasiva with ths Confederate States
AID do insist with due Difference to the opin
ions of Others that nsoderote respect for the Cor
federate Courts, (if there existed no higher con
sideration) sheuld certainly have dictated this
course, as eminsnty proper.
But in order to present more fully the diff.
ties and inconsisteneies whish naturally environ
the question as decided by eur Supreme Court,
it ia only necessary to suggest this fact. If our
judges are right, then With eqsal propriety,
aay Of the ether St ates may claim and exercise
the Same Authority, and ia 50 doing, any of them
may reverse within their limited jurisdiction,
the local decision of our Supreme Csurt. CHAN
eeller lnglis Of South Carolina has already de-
eided two cases under writs Of Habeas Corpus
involving precisely the principles Of the J. N.
Irwin ease OF Rockingham, which was made the
basis of the final decision by our highest jadi>
eial authority, and he was constrained under his
views of the law, to remand the prisoners to
the custody of the military officers of the COM
mon government. The two eases decided by
the South Carolina Judges are referred to in
the newspapers of the day 'as resting ca the
grsaad, chiefly, that the applicant in each case,
had previously fnraishsd substitute, and there
fore was exempt" Notwithstanding, s'ths sub
stitats though not within the Conscript age at
the time of his reception, had in each case be.
come himself liable for duty under the extea-
sien of the Consoript age to forty Ave." BY
the way this deoision sastaias most clearly the
views advanced by me, through yesr paper on
the l4th Of last May.
Il may be contsnded as ana apprised with
sa ae pausibility, that our State Judges are
bound to grant this s'grsat writ Of right" !"
"wheaevsr aa application is made in behalf OF
a person who is in actual confinement, or re-
strieted Of his liberty" bat affirm without the
fear of eontradistion, shat whenever prison.
er is brought before State Judge under this
writ snen his discretiom commences, and he acts
under no ether responsibility than that which
belongs to the exercise of ordinary judicial pew
er, and SO soon as he has examined the return
and papers," If it should then appear tina. the
prisoner is in controversy with the common
-Gsvernmeat, Ia Government by the way, the
Constitution of which oil tSfnke officials are