The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1864-03-08

w
cases, when applied for by persons who had placed
substitutes in the army; on the ground, that the
writ was suspended 10 all such cases by the late
act of Congress. We have also understood that
such is the opinion of Judge Manly. Thus two
of the three Judges of the Supreme Court hold
that the writ is suspended, and there is as little
doubt, from reliable information which we have,
that they would hold the law also making prnci-
pals of substitutes liable to military duty, coDsti-
tutlonal and valid to all intents and purposes.
It rumored yesterday, however, that CHIEF
Justice Pearson had ordered the arrest of an En-
rolling Officer in Guilford County, to answer for a
contempt in not obeying the mandate of writ OF
1Ho6ens Corpus, issued by him; the officer in do
ing so, making returns in accordance with the act
and acting under orders of his superiors. Lis
Judge Pearson determined to bring about coils
ion between the State and Confederate authorities!
1t would seem SO. He should remember that there
other Judges in the State besides himself, aud
that the opinion of his two associates on the Su-
preme Court Bench are entitled TO the same con-
sideration as his own. He is assuming fearful
responsibility.
AS for the substitute men, they had well take
the field at once and their credit Judge
Pearson cannot help them out.-Raleiyh Confed-
crate.
IfJudge Pearson is trying to create conflict be-
tween the State and Confederate authorities he will
find himself mistaken One war at time is enough.
We do not believe that any respectable portion of our
people will attempt to resist the Confederate authori-
ties sustain Judge Parsons opinions especially
when it is known that the other two Judges of the
Supreme Court against his decisions He mast
submit to the constitutional laws of Congress and to
the opinions of the Associate Judges
The following is the opinion of Judge Battle re-
ferred to by the "Confederate," delivered in
where he refused to grant the habeas corpus writ
IN THE MATTER OF MICHAEL LONG.
This is application to me for writ of habeas
corpus founded upon the allegation that the petitioner
having been liable to perform military service, had
heretofore put substitute in the army OF the Coned-
States in his stead for three years the
He contends that the late act of Congress- under
the authority of which he has been again enrolled and
| taken into custody is unconstitutional and void.
grave question is at once presented whether am
not prohibited from issuing the writ An act was
passed at the late session of Congress- entitled Gan
suspend the privilege of the writ of habeas corpus
in certain cases" This Act passed under the
thority of power conferred upon Congress for the
purpose and its constitutionalty be doubted.
It is binding upon all the Judges both of the Conted
and the State Courts and they not at liberty
issue the writ; Or if issued to proceed under it, in
any of the specified in the act These are
clearly defined and classified in the first section, and
among them is class marked with the number s. The
question before arises upon the specification in that
class ''of ttempts avoid military servce Are not
who are claimed as conSCrptS or as Otherwise
liable military service and who apply for writ of
habeas corpus for the purpose of thereby getting
empted from it, making attempts to avoid it. TO my
mind it clear that they They certainly
within the letter of the clause and why they not
within its spirit? To this it is said that the act was
intended to apply only to those, who being liable to
perform military duty, unlawfully attempting to
it, and those who seek the benefit of the
writ for the sole purpose of establishing their claim
exemption from such duty That cannot be Such
restricted construction of the Act would tend strong
compsh 1t could not in the terms of the consttu-
tion be passed at all unless the country invaded
in rebellion. The salvation of the country is the
object sought, and the trainers of the constitution who
authorized the act Of suspension and the Legislators
who passed it deemed that object transcendently
great that for the time all individual rights which
hicted with it, ought to give way to it. The spirit
then, well the letter of the clause must embrace
all persons without any exception, who making
"atempts to avoid military service" But if the words
upon which we are commenting admitted of any doubt
is entirely removed by the proviso which Immediate
ly follows them. In that proviso clear definite and
precise remedy is given to any party who does not le
galy ''owe military service If any such person be
wronged by subordinate officer, his superior shall
give prompt redress to the injured party and at the
same time punish the wrongdoer by dismissing him
from Office. Why is this prompt redress thus express
ly provided for party not liable to military service,
unless it because the great remedial writ Of ha-
| beas corpus is taken away from him?
| that in the of Walton and others
lately decided by Chief Justice Pearson at Salisbury,
he held that the act uspendng the writ of habeas
did not apply to them: but why he so held,
greet that am not informed The question is now
presented to me, and cannot avoid deciding of it. IT,
in my opinion, l have authority to issue the writ
cannot stand justified before the country should l
| do it.
In celebrating upon the subject, another question
occurred to me, which is: Whether l ought to issue
the writ and await the return of the officer before de-
Gliding upon the effect of the act, to decide that
question The Sd section of the act may, first
view, to favor the former course. That section
provides for the stay of the proceeding under the writ
when the officer, who has party in custody, shall
fy oath that he deains him for any of the
that when the petition itself shows the of the
detention and it is Of those mentioned in the
the Judge cannot issue the writ at all, but if such
cause be not stated in the petition then the writ
be issued and the proceedings under it only be
suspended upon its being made to appear by the a-
dav of the officer, that the true of the detention
! is of those embraced in the act.
have thus endeavored, briefly and plainly, to set
forth the why feel bound to decline issuing
WILL H. BATTLE.
Chapel Hill, Feb. 90 1864.
|
PIEDMONT RAILRoAD.-The Greensboro Patriot
says that the Railroad from that point to Danville
will be completed, there being only isix miles
of unfinished grading and 18 of unlaid rails. The
cars daily running from Danville to Reds
! vile.
! WOULDN'T TELEGRAPH.-The young man Cor
old, as the may be,) who telegraphs at Orange
c. H., Va, deserves to be taken by the ears and
kicked into the front ranks of the army, for re-
! f,o; To +aIo IN Maio fatha