The daily confederate. [volume] (Raleigh, N.C.) 1864-1865, 1864-02-26
RaT Office of THE CONFEDERATE,
On Fayetteville street, second door
South of Pomeroy' Bookstore. I'D
Important.


Chief Justice Pearson has decided that the
act OF Congress requiring the CONSUMPTION Of
those persons who have heretofore furnished
substitutes is unconstitutional and of no bind
ing effect. We have seen other such decis-
ion In this connection he has also held that
the act Of Congress suspending the privilege Of
the Ha5eas Corpus DOES NOT apply to the cases
of principals of substitutes.
We cannot believe that this decision Of J4lge
Pearson will be received as rule of action by
the Government at Richmond. Nor ought it
b TO be. If these principals in North Carolina
shall, by this "juicial lick" escape the SER
vice, universal discomfort will pervade the army
Men will not comprehend how they can be
forced into the service from South Carolina
Virginia. Georgia and Alabama, and the same
class OF men be exempt in this State. The
elect OF this decision if Above to stand, will be
to open up stream of immigration until North
Carolina will become common receptacle Of
oil skulkers and shirker5. In addition to our
own frogs, we shall have the locusss in all our
borders
But 1t will not be allowed to stand The
Ha6eas Corpus has been suspended in all cases
OF attempts to avoid the service" These
attempts had been made by escaping from the
country, by forged exemptions, BY fraud in
procuring judicial discharges, and by the use
and abuse of tie privilege Of Habeas Corpus,
1t was the intention of Congress to include all
these, and any other case of an ATTEMPT
whether by Judicial process or otherutse-to avoid
the ser0ice. Congress foresaw how embarrassing
op1
question of oonsoription to Judges scattered
about Of diGeren: minds, different capacities,
different prejudices and different sympathies.
Congress further saw that the rights Of citizens,
their common constituency, would be better
preserved by having the military affairs Of the
Government undsr uniform and settled regula-
tons from the War Department-which would
treat all Confederate citizens alike--exactinp like
services and allowing like exemptions. This is
the plain sense and meaning Of the act, whether
expounded by any rule of right reason, common
sense, or legal construction. :
The next step, then, will be, that the Govern +
ment will disregard the writ of Ha5eas Corpus
and instruct its Ulcers to return that thew hold
the body--ss of person AVOIDING the mill.
tary service"
Here thtn viii be an issue at once grave am;
threatening viii any Judge in North Caro- |
lima attach, for a contempt, tn, officer thus |
ooeying the ord ers Of the Government Will |
ally Judge seek to enforce such attachment?
II so, the Government viii, surely sustain
Its offcers-and an issue is at our doors. which
will demand from our State authorities Tho
pnf fbo oh |
The Government caa ne ither rccede,nor tarrv.
It must move on. To pause were weakness:
md delay more Injurious than haste. Let
hs matter be at once understood by the peo-
'ie OF North Carolina. The public nece ss;ty
en- ans that the army should b, filled Tho
! 'vernment means to fill i t according to law.
t means to judge the law for itself, and to
idSe 1t fairly and uniformly. Congress has
abled it to do so--and it does not mean to
= thWarted in this action, now become vitality
's"ftlas to its own and the national existence
The army will support it-for the army q
els the need of mcn--snd welcomes every +
for to obtain them !
The citizens at home having sons, brothers "
lobaGds, relatives and friends owe 10 them ;,
well as TO the country, to support the Gov j,
nmeut. -
Fellow citizens, look this matter calmly in b
G face. 1t were better to yield patriotic in
omission, than produce conflict. BE as OF
red the Government has law and Justice as to
has strength and nerve on its side. &c
Read the following forcibe and anpropriats ii,
tracts from the writings of Gen Washiac. wi
!: 8,
Certain am, III at unless Congress spttks IL
4 more decisive tone, unless they arc vest III,
with powers BY the several States, COM to,
snt TO the great purposes OF the war. or
lme them rs matter OF right, and they and \,
st ates respectively act with more energy th'
N they hitherto have done, that our cause ne
OF. We can no longer drudge OH in the
way. BY il-timing the adoption of meas vor
5 by delays In the execution Of them, or by
'arrantabie jealJusies we incur enormous WV
lenses, and derive no benefit from them hue
e State will comply with requisition from the
lSress, another neglects to do it; Thrill nun
cutes it-by halves. and all differ in tho top
lner, the matter, or SO much in point of A..
:, that we are always working up hill,
I, while such a system as the present crr, pric
ather WANT OF one, prevails, we ever shall bull
""o'. " apply our strength or resources to ii
IT, a,' - c. . for I
her of Congress: but It il the 1890 20 Apr
nth and friendship. 1t is the result Of ter
tninx'ng' close Application, and strict OBJ solut
~. 80 o"e neau glaauaily changing recei
cen, and instead Of looking up to Congress oeca
G Supreme controlling power of the Goun- comm
considering themselves as dependent on not
81 roan o'a.eS III wora, see the recog
nee and reen.ct liz ,ro A.. =. g. Are q