The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1864-01-12
From the Fayetteville Observed
HABEAS CORPUS.

+ 1he object OF the act of Congress in providing
for the exemption Of shoemakers, backsmiths and
the like was, mot to confer privileges classes,
hnt to exonerate from military duty such number
of persons skilled in the various trades &c could
render more valuable service to their couusry by
! iaborlng IN their respective occupations than by
going into the ranks of the army" To entitle an
applicant therefore, to exemption mechanic
Of any of the classes specified, he must not only
have been skilled and actually employed, habitu
ally working fo- the public at the time be was en-
rolled aud ordered into service, Gas two of our
Judges hold-the others all eoncurring, believe
in the opinion that "dtthe time" refers to the pas
sage of the act, llth Oct 1862, but he must con-
tinue to be so actually employed so hong as he
claims exemption as such. The exemption being
based solely upon the benefit supposed to be de-.
rived by the public from the applicants services,
so soon as he abandons bis vocation, of course his
exemption expires, his right to it ceases to ex-
ist, as the case may be. In the first case of the
kind. which had an opportunity of seeing de-
| eision upon, there filed affidavit in the
hand writing of Chief Justice Pearson-.by whom
the decision given-substantiay follows:
cd +. makes oath that he is miller, skilled &c 4,
| and was actually engaged such at the time he
was enrolled and ordered into service, to-wit: -
day of - 1863 and that he continued to be SO
engaged from :he date Of said enrolment to the
day which he was arrested, to-wt: - day Of
- 1868" This shoys that it is material that
the party should continue his trade after he is
enrolled, as we'll as that he should have been en-.
gagged thereat previously. Nevertheless, large
numbers of deserters from the army, soldiers
fdrlough, and recusant conscri pts who have been
IN the goods for twelve or eighteen months,
getting off on wrts of Habeas Corpus, as such
| chanics! The process by which this is done, as
regards soldiers, explained in a former CON-
muncation The mode is very similar with re-
spect to recusant eonscrlpts Now the fact oil a
conscri pt taking the woods does not prejudice his
rights in the eye of the law u certain Instances
in Of substitution for exampl ple-like going to
the army aud receiving pay, bounty, &c; cir
cumstance, by the way, which causes many we'll
| meaning people, WHO do not understand "the
son Of the thing, say hard things Of the Judges
and the Law. But mechanic, miller, &c who
Voluntarily withdraws from society, and ne
| cessary consequence, abandons his Irregular
tion," Chat being now to keep out OF the reach of
the officers and shun all honest faces,) thereby as
effecsualy surrenders his right to exemption as il
he had gone into the army and received pay and
bounty. Especially must this be so in regard to
school teachers and natlers. And yet almost eve
ry week, Of late, numbers of persons from certain
locality, who have been delinquent-that is, III
common phrase, lying out in the Uoods-evcr
since the passage of the conscript act, have been
getting off upon wris OF Habeas Corpus as me-
chanics, mlers, &c An instance could be cited
where man wbe was in the army twelve month
aud afterwards out Of the army, with or without
leave, for eighteen months more, Was lately dis
charged upon writ of Habeas Corpus, d school
teacher, although it is we'll known he had not
taught school day since he first went to the ar
my; now nearly three years ago. And another in-
stance, where soldier who had been in the army
continuously for more than two years, returned
home short furlough and was discharged a
wagon maker. have not been able to see the pa
pers to ascertain the nature of the juggle by
which these astonishing feats were accomplished,
but am inclined to think that the principal means
employed was hard spearing. Such frauds could
have bees SO easily detected, too, by Judge Bat
ties wise expedient of requiring proof to be taken
before commissioner of affdavits, with notice to
the enrolling officer But must give more
example somewhat in detail. A. B g., being un-
der 35, and having the least imaginable idea of
going to the war, took to the woods in advance Of
any enrolment Being unwilling to press his en-
tire subsistence, be would steal day now and
then, when there were no hunters about, to work
on his farm; apd he one day captured while
hauling in wheat, and was Judged in Jail. But an
armed band Of his contreres rescued him f.
nights afterwards and restored him to his liberty
such as it A few weeks ago, hearing of
the miraculous performances of the ''great machine
called the writ of iabeas Corpus" anxious to test
its efficacy in his own behalf, and having coLJled
little in time~on his Shoes the idea was soon
conceived and the plan di:ested. The petition |
and affidavit we're accordingly drawn with all the
skill aud acumen conceivable, but still the case
was thought doubtful. It would not do to make u
failure, for then he might be carried to camp; aud |
there was the Jail breaking too So an extraordi !
uary effort must be made, which resulted in the !
following endorsements being made the |
back of the affidavit: "Respectiully examined aud |
approved. X. Y, Lieut. Dist. No. -, - Reg't
N. &. NJ" aud just below that, "Respec,fuly con-
sidered and approved. D.. Q. q ,-Adj't IN. Z.
NJ Of coulse there was no further difficulty
lie was discharged. AID it may be interesting
to- those who esteem official honesty, to know that
these gentlemen, who SO :.respectfully examined,
considered and approved" this affidavit were in
the pay of the petitioner to procure his discharge
(from the custody of one of them) with heavy
contingent fee pendings
However glaring and nsteriously fraudulent the
means by which applicant is discharged upon
writ of Habeas Corpus under existing circumstan-
ces there lie no remedy after he has been 80 dis
charged For our Governor, in bis spirited
aud highly eoniaiendable determination to main-
tain nvoIate the authority of our Civil Courts aud
Judges issued an order 20 the Militia officers not
to arrest permit the arrest of any one who has
been discharged upon Hubeas Corpus BY any
Judge of this State Even where a mechanic has
been discharged in this way, he may quit bis
trade, and, taking shelter under this order from
the Governor, defy enrolling officers. / have
been informed that man who was discharged BY
the Supreme Court as a salt haud, provided him |