Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1864-12-01
CONFEDERATE LAW.

The Richmond Sentinel of the 10th publishes 10 full the
opinion of Judge Richard Parker Of the Tenth Judicial
Circuit, State OF Virginia. ia the OF Edward W. Ma
eruder brought before him by habeas corPu. for relief
from CONSUMPTION.
The facts were that Msgruder was a citizen Of Mary.
land at the breaking out of the rebellion In the rs burst
listed for three years in the rebel army He has enough
and wants to 60 home But before his three years had
act declaring that all white men, residents of the Con-
federate States between the ages Of seventeen and y
shall be the service Of the Confederate States for the
war;" and, further that all the persons aforesaid be
tween the ages of eighteen and ortyfve now in the SER
vice, shall be retained during the present with the
United States 10 the regiments batteries, aud CON-
psnies to which they belonged at its passage"
The dissatisfied Msrylander sought escape the draft OF
this universal setting that be citizen Of Mary
land and not Of the Confederate States but Judge Parker
put him down by array of reasons and wealth of logic
that has not been equaed since the celebrated OF
borrowed kettle. From the embarrassment of riches we
select at random few OF the points made by the learned
Judge:
II Maeruder "ls citizen of Maryland he owes sleQi
TO her and through her to the United States
has never separated herself from that Government
Now that war, when declared by two nations war not
only between the two government but places all their
citizens subjects whatever may be their individual sym
pathes opinions with respect the Justice or even the
consuutionay OF this war in the condition Of enemies
He has been fighting against Maryland since July 1861
how tnen it be said that his home still in Maryland
And if he s not in law resident Of Maryland he must
almost necessarily be resident of the Confederate States
Tor he has been abiding here ever since his removal from
bis former home" II Magruder citizen of Maryland
he is alien enemy, and may be treated prisoner of
war, spy any character that the Confederacy
may choose to put on an enemy found within its lines in
the disguise friend. This would make it safer for
Msgruder to himself Confederate. The learned
Judge said
"And the petitioner citizen of Maryland he at one
and the lime both soliier Of and enemy Of the
Confederate States And again. every act of h done
soldier 10 Of enmity his State and himself as
citizen Of that state and thus his duly citizen directly
Opp a m uuyr IN uord
him occupying position involving such contradictions
and therefore, the opinion thas the petitioner, when
he months after the breaking
and joined the Confederate army gave the strongest
possible evidence OF his purpose no longer TO continue e
dent OF Maryland"
IT. citizen of Maryland he has committed treason
against the United States by evyng war upon them and
il he goes TO Maryland he liable to hang for treason
and the Conederacy cannot extend s protection over him
and demand for him the treatment of prisoner of war
The Conederacy cannot allow its soldiers take char.
aoter which would thus expose them Therefore Magru.
der Confederate II he citizen Of Maryland he s
alien enemy and the writ of habeas corpus will not
lie in his behalf" The very act Of ensting in army
against his country sewers for time his political
connexion with that country and he aerward
qure IT, OF himself In other way than by returning to
his former residence" And the Conederacy will not
let him return, he has become Confederate 1t 10 true
Magruder enlisted for three years only, but he probably
would have enlisted for the had that been the Of
enlistment at that time This dsspproyes the ayerment
that he came Into the Conederacy for specific temporary
purpose The Confederscy has only carried his original
purpose TO its ultimate.
We think it will be admitted that these points alone
make the case complete without giving the others the
judges authorities CIV. Gar