Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1864-11-04
From the Peogress ]
Supreme Court-.ImpOrtant Decision

It's known that the Supreme Court has been IN
session for several days past at the call OF Onle,
Justice Pearson, to hear arguments, consider anu
decide upon several brought before the trou-
nal on writs of hGbeaS corpus sued out oy persons
who claim immunity from military service through
the courtesy and kindness of Gen. Fowle, counsel
for Mr. johnson, we are enabled today the follow
ing decision before the public:
WILLIAM D. JOHNSON cs. PETER HALLETr.
The petitioner claims to be exempt from military
service in the army of the Confederate States upon
the ground that he is policeman OF the Olty OIL
Raleigh. His claim is resisted in the return OF the
defendant upon the allegation that the petitioner Is
not policeman, but only contractor TO keep the
CITY pumps in order. The testimony Of the Mayor
of the City, together with the other proofs taken
and filed in the cause satisfy that the petitioner
is one of City police though in addition to his du-
ties as SUCH he has had assigned to him the charge
Of keeping the pumps in repair. Upon the facts
thus appearing from the pleadings and proofs, the
question arises whether the petitioner is entitled to
exemption from CONSUMPTION. This is q question
of law, and it Is our duty now to proceed to It's CON-
sideration.
1t is now generally, if not universally, conceded
that the Confederate Congress have no powesto Or
der the CONSUMPTION of State officers. The princi-
pie is well expressed by the Supreme Court of APP
peas in Virginia in the opinion given in the case Of
Burroughs o. Payton, and we express our full con-
currence in it. "The State governments are an es-
sential part of our political system; for upon the
separate and independent sovereignty of the States
the foundation of our confederation restsH All
powers not delegated to the Confederate States by
the Constitution prohibited to it by the States,
reserved to the States respectively or to the feo
pie thereof; and the Confederate States guarantee
to each State republican form of government
1t is absurd to suppose that the government OF
the Confederate States can rightfully destroy the
States which created 1t; and all the powers confer
red on it must be understood to have been given
with the limitation that in execunag them, nothing
shall be done to interfere with the independent ex-
ercise Of its sovereign powers by each State. Con-
gress can have no right, therefore, to deprive
State of the services Of any officer necessary to the
action of its government And the Safe itself is
the sole judge as the officers that are necessary 1or
that purpose"
We are not aware that the Confederate Congress
las ever set up claim to the exercise of any power
inconsistent with this fundamental principle OF State
sovereignty On the contrary, all the acts which
it has passed granting exemptions from conscrlption,
it has expressly mentioned, in some form or other,
State officers as being entitled to exemption. Thus
in the act Of April 2lst, 1882 "all judicial and ex-
ecutve officers Of State governments are exempted.
In the act Of the llth Oct, 1852 which repeats that
of April, 1.-THE officers judicial and executive, OF
the State governments" again dec:ar, TO be ex-
empted, The act of Msy the LIST, 1858, provides
that, in addition to the State officers exempted by
all State officers whom the Governor of any State
may claim to have exempted fer the due admins
tration OF the government and laws thereof ; but
this exemption shall not continue in any Stale after
the adjournment of the next regular session Of It's
Legislature, unless such Legislature shall by law
exempt them from military duty in the provisional
atmy of the Confederate States" II is unnecessary
to consider the effect Of any Of these exemption
acts because they were all repealed oy Lhe act of
the L7th February, 1864, and State officers were
exempted in the following terms: Tue memb~rs
of the several State Legislatures, and such other
State officers the Governors of the respective
States may certify to be necessary for the proper
administration of the State governments" If the
petitioner be State officer, and had be produced
any such certificate in his behalf from the Cover
nor of this State we must presume that tSe Cohted
crate officers would have admitted it and have ex-
empted him accordingly. But ho has failed to pro-
duce any such certificate and yet he INSISTS new
erth eless that his right to exemption is established
by the action of our General Assembly. That body,
by an act ratified the 14th day of December, 1868,
mentions several officials necessary to carry
on the operation of the State government" for whom
claims had been made and obtained under the act of
Congress of May, 1868, and then itself claims and
exempts them from transcription. Among the 9TH:
Gals thus claimed to be exempt the Mayor
and police of Raleigh" See Laws of Extra Session
in Dec, 1868, CHI. IA. That same bouy at its extra
session in May, 1864, by resolution ratified the
2Sth day Of the same month demands" the exemp-
OF the same, together with some other officers
preiacing itwth preamble declaring that the fear
less and free discharge of the officers of tie State is
essential to the preservation of sovereignty and
that Congress has no power to conScrlpt State Of
fceTs"
Has the Legislature of the State the right "to de-
mand" these exemptions? II is very decidedly our
opinion that it has and that it has it to the excus-
lou of every other department Of the State govern
mont 1t is Clear beyond all question, that within
the limits of the written Constitution, which the peo-
pie OF the State have imposed upon The gov.rnment
the legislative power is the supreme power in the
State Among its vast powers of legislation, which
are unlimited and unrestricted except by the Con-
stltutOn is that of sscertaining what officers in ad
diton to those specified in the Constitution
eSSsry for the efficient management Of the aIIrs of
the State, and then OF appointing the officers and
prescribing their duties. The powers OF the other
two great departments of government are very
different. TO the Judiciary Is assigned the power
OF expounding the constitutional laws while the ex-
ecutve has solely the power to enforce their faithful
execution. From this it seems to US TO follow a
logical sequence, that when 1t is shown that each
State the sole judge as to the officers that
eSSary to the action of its government, its Leg
islature, and its Legislature alone, is the organ
by which its judgment is to be ascertained
aud made known. 1t may we'll be that the
Legislature can selectand appoint the Governor as
its agent to certify its decision, but unable
to lind among the powers given to the Confederate
government any authority to confer upon the Gov
of the State the power to decide and then to
certify his decision as to who are the necessary
State officers. The conclusion to which this course
ofreasOnng leads is that the petitioner is emit
tied to his discharge, provided he issuch an officer
as the Legislature has power to exempt as being
necessary in the administration of the laws of the
State. Police defined by Webster to be "a
body of civil officers especially in cities for enforc-
ing the law" Cities and towns are we'll known
parts and very important parts, of the organization
Of the State; hence the enforcement of the laws