Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1864-01-07

From the Fayette" iis observer.
ssABEa% CORPUS
! have the protoundest respect Tor what is known
among i toe nivH Law Amid the vgor and bard
snip Il military tn} IT f. Sting c.eer1 know
that :" lave s:tI he iiga bu: IN 'enerabe shield o
Tn cVii authority L. prttci oar otrtle7 our lives Rnl
GU proftTly | vrnefate ha Ancient Common Law
Admit s-ere IL i putty. it turn sizes ii tus st immu
mites 1Ld p~i.tcf gGiFaDtte e. % FIBER which
nali3n pnsDly enjoy, 10 idynt to re vast bal
harm niou2 mac ney of the @'flnnYn l. w is The
tGreAt Wrt o. H"6e's 20 Pu cum CAUSE, which gives
Il very iii RESTRAINED bis IitIT5 the right tG
have tie 'ause OF his caption aid detention duly
pa sed uron by eff ;er Of i1te 'nGrEs, and
as rejoice To btli,va We VI in North Caioliua
10. eri ut,iiI}jt judiciary.
Before the sage q the Co1scTiIt Laws his Writ
was stld usef among ard ard incidents
gu ii r En0wi 70 tie pnbiic ard iIdeei, may say
but !mPcrteaIy nndtrstood by the prof ssion. Since
ibt passage h2se laws, however, it hss ben much
res0ttd Tor the purpOee Of deciding doubtful ques.
tla1s Of liability 10 the military service AID ahIst it's
Us in hs respect has demo0streted lis prjc less virtue
aod ;rumg haoy vudicatei lis claims the magulf-
cent ti.Ie Of Buiw-rk Ct Liberty it has also
Teen attended With many teujs and tons, and
muth irjus;ic: TO the Government.
| | you'd D0t be understood as attaching any COM
pCity or Cg.r2ioaiity to aages Far from it.
te Lofty Pride in The Conscious belief that they are
horest Impartial, loyal and patriotic But owing to
Ike fact that their Irequentg heard upon
ptrte allegations and pyCof with specially ill.,
teresed cross-ezamiae witnesses, dsprove untrue
statements disclose material facts deslgne3y with
netd 1t could rot be Otherwise than that In Justice
Should be d0ne despite tie honest IF rs OF the judges
to do the most impartial Justice to all concerned. 10
prevent such frauds aud injustice, Judge Battle has
adopted lie WIS., eXpedent upon granting the Wris,
II ttrlng the caSsa back to tie county whence they
came tor evidence to b. taken before the Clerk of
Court IF cord With due notice to the county enroll
ing 1iliccr stsUd that &c may cross examine the
wntlses, add &c original tis1im1ny Tor the Govern
meut, &c 4e wisdom ui tbs course is shown by the
tact that Ii Eile eases ou OF ten, the GER TO whom
the writ directed is militia officer, the friend Of the
parry arrsed (he arrest beng made at the solicitation
Of the petiti0ncr aud not unfctqHntly it said pad
TO ald ~ pros urg his discharge. A more perfect
trTance for cheating and imposing upon Judge could
not well be conceived OF and yet he, 10 the utmost in
noceDcy may suQp0se, % is but natural he should,
that he officer An3 whom The grave charge OF having
Inde tie I' gal arrest Is alleged, would o. interested
III justify ing raihec than cordeEniDg bis official
co,daci. But fer iron this being So 10 very many
OF tie which have seen, ofcers return
taiued eratEIiuOus, unqualified swsrn endorse
ulent OF ine allegations OF the petition. As of the
leading sIcas OF frauds practlCed at least in
t. tbe State, s0e'S from the army tcho haze been
service, many Of them for tro gears or more G5e
9et1Hg ct vpo. III as II HQ6eaS corpus, by scores
Ard yet II he opinion IT our Supreme Court, and
so far | ,niorlne! li judges concur in The
opinion, that soldier who has been in the army anc
received pay bounty, &C. as not entitled to be DIS
chd2 ged upon iabeAs Corpus, even where they have
ore OF +de J15ges If the Supreme Cout, upon the
uiosy, as SUPPOSE, # the principle decided ia tht
'er OF L. !. Graham" reported III the appendix
10 jones' Law vel. VllI No. 2, Ju0e Term, 1861,
that s0llicr WHO auaeit from bis command withuu
/ ave, being subject trial and punishment by Cour
Martial Tor sad cfance, cannot, wj,ie absent b
h6a0 upon an application Ter bis discharge from ser
vice. Iio" tn%G do u%5ertIS troD the army aud sol
dies absent without leave-who have received pay
boanty, &c, ge0 If on writs OF Habeas Corpus? Sim
ply by al ging facts which, il Iue, and they had
been H. army would have entitled them to examp
ion un4cr tic acts OF Congress- and, by tie aid 0
tbciC fte d5 lie officers who have them in mnal
0ty Withholding denying the otter material facts
Monsucu3 as this may appear 10 tie eyes Of those
who regard justice as the true limit OF professional ct
ort tspeciag where the independence of The country
ia the Issue, get believe do not haz ,rd I'll. truth
VIXEN assert tat pcIEap5 half, at least one-thirj,
the s0iItI5 who have returned within the last te7
months - q certain locality. with or Wihout leave
have beeG discharged by The use Of similar unworthy
mea, S.
Now tie fact that tie bounty Estate bounty to con
scripts well as V0uHtsersthe not being en-
uted TO Confederate Dounty is due and payable to The
soldier instant that he is mustered into service,
The fact that he has right to draw clothing at th
commencement Ct bis term OF service, and the arthe
tact that muster and Poy Rels regularly made on
every tWo motifs saDd payment made Sou thereafte
as Practicable ought certainly raise O REASONABLE
presumption thai any soldier who has been ii
service ior however short time,has received either
pay, bounty clothing and the safest way Of repel
lug this presumption would be e require The efldayi
or Certificate If the commando Ulcer OF bis company
And here again is seen the wiaS Bf the opinion he'll
by least Of Judg cs as above stated, that
soldier WAC baiofgs to organized command ough
not to be Leaid upon an application or discharg
through writ OF Habeas Corpus, unless, tie writ j
srtvod upon his commanding officer. Forsthough h
may have furnished substitute tor the war, he ma
aav4 subs qaeny Voluntarily enlisted, received pay
bounty, &c may know these facts excep
an Ctfcer Lenber OF bis company.
iLe set formula ter The return Of militia officers t
wits CT Hate4g Corpus is Of such equivoca mai ur
dat it does show, in well known cases. tina
the applicant had been in the army, beng abou
AZ follows: :" L. obedience to the writ, DC ,, [ hav
ncre tie bodg, &c, aud for causes, Sc. do say that
arr,s ed him ulder order, requiring militia officers t
arrest all c0nsc'1pts and dcsererS It not appearing
wife her tbs petitioner the tn3 0'her :"
arrested him under the ord, my superior Ch GERS
which Is equally u1sa stacto,y. AID eve1 in case
where Inc 'oct tie applicant has been the arm,
" accIdcn1 leaks out, Ibe oay available means unde
The circumstances, OF a5certalnng whether pay, DC
been received by nlerrogating tie petitione
himself which, say the least of 1t, OF douo ul pro
priety. But anon. CIVIC.