The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1864-08-06


Hustings rourt-Hon. um. q lyons pre-
sid no I'm this Court yesterday Judge Lyons
delivered long and very lucid and able
opinion In the habeos corpus case Of n. Tins.
Icy Pate, und discharged the petitioner,
holding that he was Illegally letained ~
Captain Jenkins, captain ntthe 10Th regi-
ment of Virginia militia. Lodking to the
many Interesting questions deaded by the
Judge, It may be regarded as he most im-
poriant case which has yet iesn decided
with reference to the stains 81 detailed
conseripts" From hearing the opinion of
Judge Lyons we have been able TO prepare
the following synopsis of the case:
Mr.. N. Tinsiey Pate, a highly respected
and energetic citizen Of Richmond, re
ported himself long in the PRESENT year,
and was enrolled as tGDscript at Camp
Lee. AS he was the lesse5 OF the largest and
m6st Important cement works In the Con-
fcierat.. States, he was detailed to supcrin-
tend them at the instance OF many of the
most extensive Government contractors,
canal PRESIDENTS, naval officers, and engl
neers, bis cement being Indispensable to the
Government.
Soon after his detail, in obedience to an
order of the Governor OF Virginia, he was
enrolled as private in the l9ih regiment Of
Virginia militia, and required TO perform
active militia duty, much OF which was in
compatible with the performances OF his dh-
ties as detailed conscript.D
Finding that he could ,nat peItarm militia
service and discharge his duty as o dctaiItd
soldier, and believing that the Governor had
no right to force a detailed soldier to DO
duty in the militia, Mr.. Pate refused to per-
form militia duty, and upon one OCCASION,
when his arrest was ordered by the captain
of the militia company in which he was en-.
rolled, he resisted the officer sent to arrest
him, but was eventually arrested and charge 8
were preferred against him, upon which q
court martial, composed CT militia officers,
was convened to try him.
To prevent q trial by o tribunal having 10
legal Jurisdiction in his case, and to prevent
an incarceration by order of officers who
could not legally order his imprisonment,
Mr.. Pate was compelled to sue ont writ of
ha6eds corpus, which was awarded without
hesitation by Judge Lyons. Capt. Jenkins
made a return to the writ to the tif-et that
he held Mr.. Pate legally, first as private in
the 10Th regiment OF Va. militia; second,
by virtue of an agreement between the Gov
ernor of Virginia and General kemper and
the Secretary Of War, by which the 19!h
regiment had been made, for certain pur
poses, portion of the reserved force OF Vir-
ginia and third, that he was held in arrest
for tri,l by military court martial, con
vened by order of the Governor of Virginia.
Messrs. Patrick Henry Aylett and Edward
Y. Cannon represented Mr.. Pate, and the
Attorney General of Virginia, John Ran
dolph Tucker, appeared for Captain jenkins.
The clse was argued at great length and with
| unusual ability, and the decision of the
Judge was delayed by his absence from the
city in consequence of illness in his family.
Judge Lyons decided that, as an enrolled
conscript between the ages of eighteen and
forty-Gve years, Mr. Pate had been regularly
! detailed by the President to perform duties
and to superintend works which the evi
| dence proved were of the greatest import
| arce to.the country, and he could not be re-
quireG to perform militia service by the
Governor OF Virginia. He said that the du-
| ties perfo rmed by detailed men were OF
| the highest Importance, and that their en-
rolment for active militia duty was palpa-
| BILE Infringement of the right of the Cunfed
| crate States to their whole time; and that tC
recognize any claim OF a Governor Of State
upon auy portion of the time of detailed
| man would be to disregard the paramount
| claim of the Confederate States, which
should be most Zaalously guarded for many
| important Teasnne.
! He also decided that the arrangement be
tween the G0verncr cf Virginia and tht
Secretary Of War for the transfer of the 1871
regiment to the reserved forces, even if
legal agreement, could not transfer TO tn,
reserved force detailed conscript betweer
the ages OF Is and 40, because the laws c
the Confe ierate States would not permit th'
mastering in OF men between the ages OF Il
and 4S into the reserved force at all, no
could the officers of the 19ih regiment o
militia, between the ages OF Is and 40, he Il
commissions legally in the reserved forge O
the State.
He also decided that Mr.. Pate could no
be legally tried by court martial cOmpose'
of militia officers, as he was illegally held a
private in the 10Th regiment, aud he direc
teu the immediate discharge of Mr. Pate
and overrulcd all the points of the return
We have given most imperfect sketch o
the opinion, which, in the opinion of tn
bar, Was one of great power and learning.
This decision will materially effect tn
condition of those companies OF the 1st an
10Th regiments, which are composed almos
exclusively of detailed conscripts, who ar
performing duties of the most varied au
important character for the Confederat
States. We learn that the claim of th
Governors Of the States to enforce ordinar
militia duty from detailed conscripts ha
always been denied by the Government, all
that Mr. Pate's position is precisely that
the Bureau OF Conscript:on 10 its CORES
pondence with Gov. Brown, OF Georgia.