The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1864-02-09
THE HABEAs CORPUS COURTS.


General Howell Cobb, in the course of an able
speech delivered at Atlanta Georgia, Jan. 18th,
makes the following allusion to those who enter
into litigation with their country and invoke the
great writ of freedom to them from defending
their own liberties.
After discussing the question of how many men
are wanted for the defence of the country, Gene
raj Cobb says -
81 have told you who cannot answer this ques-
ton. There is one other class, high, honorable,
worthy of your respect and confidence equally un-
able to answer the question. They are men who
are called upsn to sit in Habeas Corpus Courts.
The man whose patriotism has sunk low as to-
want Habeas Corpus Court to decide whether he
is go into the army not, does not deserve the
liberty which is by the strong arm of others.
My friends, do you remeR der about two and half
years ago, when the summons came pealing in
your ears that your country was invaded, and call
ing upon her sons to go in her defence! What
was the response? You saw, then, your noble
brethren gathering around the flag of their coun-
try-brave and true men-old and young-beard-
less bows and gray headed fathers. In those days
briefess lawyers sat quietly In their Offices aud
honest ges were never summoned to try cases
before Habeas Corpus Courts. There was no
hunting down Judges of the Superior Courts to get
the M to decide whether brave men should go in
defence of their country, let the Infamous inva
der wildly over it. Those brave boys were
the first who left FOR the defence of their country;
and where are they now? My countrymen, many
of them sleep in their graves; many are in hospit-
ais; many 90 about the country crutches aud
many gathered to-night around the camphres
all true, generous noble souls, who have labored
from that hour to the present, and are yet willing
to labor in driving back the invader. Why are
Judges now holding their courts out of season? 1t
is to try the Habeas Corpus case of man the lFb-
erty of whose country has been trampled upon
whose rights have been disregarded; hale, heal
thy hearty man, who is able to go to the field but
never has been, and asks the judge to sit at Cham
bers to free him from the service which he owes
his country. / believe my brethren Of the bar
have what they call black letter book, and | tell
you all the authorities, upon which they rely to
release this hale, healthy man from service are
black letter authorities, and all the acts of such
dastards and towards who keep out of the service,
should be written in black letter books. The pa
triotism of such man must have sunk very low,
when be desires to submit it to the crucible Of
habeas corpus court to test the value OF its in
initesimal atoms When found it will be dscov-
cred too small to fill. the prescription ola HON.
epathic Practitioner. Laughter aud applause. e,
| do not pretend to say.but that there are men
who should remain at home, brave and true men,
whose services more needed at home than IN
the field; but ] do say tina. when your country de-
mands your services aud pronounces you the man
court cannot relieve your conscience, though it
may discharge your body. Applause
-----~ --
Hea~ Without waiting for the action of Congress,
the three years in the army, whether of Ten
nessee or Of Northern Virginia, have taken the
matter in their own hands, aud are rapidly reor-
ganizing for the war. What Congress seems
afraid to do, the troops are doing for themselves,
and thus it will TO pass that gallant
mics will be thoroughly recognized ma
chimes; the men, with the skill of veterans exhib-
iting the enthusiasm of fresh volunteers
The ranks both of Lees and Johnston's armies
are being rapidly filled up by the return of absen-
tees to duty and they will be still further swelled
by the sending forward to the front Of all able bo
died men heretofore detailed for duty which dis
ablec soldiers, or persons the conscript age,
can discharge
ANOTHER STEAMER GONE We learn that the
steamship Wild Dayrell from Nassau for this port,
went ashore yesterday morning Topsail Inlet
atssut twelve miles north of Wilmington. She
threw over cargo to tighten the ship and get off,
but discovered by the blockaders. The crew
made their escape. The vessel was taken posses
sion Of by the enemy
About one-thrd Of the cargo of the Wild Day
rell is understood to have been on government &C.
count This was her second trip Wilmington
Journal, Feb g.