Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1864-04-21
From the Raleigh Confederate.
Ar O,,Inion from Judge Manly.

We present TO orr readers to-day. the following
opinion. delivered by His Honor Judge Manly, of the
Supreme Court the late Act of Congress suspending
the privilege the writ of hGbe1s corpus.
1t accords with the almost universal opinion of the
judiciary of the Contedc-acy the Constitutions lily
of the ae act, aud carries the weight of additional
Judicial authority for the power exercised by Congress
And it is the emalaton ola legal mind imbued with
sound principles of law 1t will be received by the peo
pile OF North Carolina with the more resrect because
of Judge Manlys known character for consciencious
integrity and devoted patriotism.
We have now the opinions of the majority of the Su-
preme Court, sustaining the law. Will the agitators
respect the sanction of the Judiciary ?or will they
continue to syltate
| I'm the Matter OF Patrick Rafter.
Fhe of the officer having custody of the petit
TONER to the writ of haJeas corpus discloses case
which cannot be prosecuted further under the writ
The following return is made: W. Il. Ship maketh
oath that Patrick Ratter arrested aud is now dc.
tanned by him. person liable to do military duty,
and who is attempting to AVOID the same that his
arrest and detention is in pursuance of the authority Of
the Secretary of War Of the Confederate States"
The act of Congress, after declaring the writ Of
ho6edS corpus suspended in its application to arrests
made by the President Secretary of War in ain
enumerated cases. provides that "durDg the SUSPENSION
no mlits or other officer shall be compelled 10 answer
to any writ of habess corpus to appear in person,
turn the body OF any person detained by him by the
authority of the President or Secretary of War but
upon the certificate, under oath, of the officer having
charge of any so detained that such person is de-
tanned by him prisoner under the authority afore
said further proceedings under the wit of hGbeas
pus shall Immediately cease, and remain sus pended go
long as the act shall continue in force"
1t appears to clear, from this provision OF the
law, that Congress intended to take away from the
binary tribunals of the country all elquiry by habeas
corpus into arrests made by the President Secretary
OF War, prcfessedly in any of the enumerated sts
Congress is go guarded upon this point, that it pre-
scribes the form of the return which the offer cited by
| writ ia tn nd he T.
fcient and this form tenders ISSUE and leaves open
no opportunity for making issue upon the construc
ton OF the law. The Cffcer's return IN the before
me- pursues the form prescribed ard that by the terms
of tie act puts end to all further enquiry 1t results
that no question can be properly raised in the matter
before me- unless it be question to the power OF
Congress to pass such law. see no sufficient Iea-
tor holding the law invalid for defect of power.
The Confederate Constitution Art. l, Sec. 9, par
declares that tie writ OF hGbeds corpus shall not
suspended unless when in of rebellion or invcson
the public safety may require it. This is "negatlUe
PREGNANT" which implies power in Congress, within
the sphere Of the general Governments action, to
pend the writ, the Parliament of England wont
to d. subject to the limitation that the power shall be
exercised only IN cases OF rebellion and INVASION when
the pubic safety may require 1t. Invaded from all
quart by the public euemy as the States were at the
late session OF Congress- the occasion had arisen when
that body might lawfully consider of the exigency for
suspension Of the writ 1t did SO consider decided
IN favour OF nson 10 the Gases enumerated, AID
this decision IS Necessarily conCtuSive.
1t is coDc5dtd high txefcise Of the legislative
power bu il is believed not 10 be beyond its legiti
mate range While the monentcu5 and profound emer-
gencies with which the country is now struggling is
its full justification.
An affidavit is found amopg the papers, from which
it appears that itioner claims to be Al years of
age, and to be mpt by son thereof from enroll
ment to dc military service to the Confederate States
According to the view taken by me of the law, the
question thus raised is excluded from consideration
But if it should turn out that in in this
strucon, and the point be made ard considered it will
not avail the petitioner.
The first section of the military bill provides that all
white men between the ages OF II and so shall be in
the military service of the Confederate States during
the 10 the fifth seci m those between AM Is
are Place en- reserve corps not to serve out OF the
power is given to the President detail from the class
between 40 and so, persons for office, hospital and
other similar duties. No restriction seems to be in
posed upon tie employment of this latter class in mill
ary field duties; and the enrolment and arrest for duty
of petitioner is not therefore, illegal interference
with bis personal liberty. Indeed, had Congress limit
ed the field OF duty to the State, i'll the case OF per-
sons between II ard 49, the mastering him into service
simply, and placing him in camp Of Instruction near
the capital OF the State, qShich the alleged tespas
upon has gifts, would not be illegal The arrest and
detention would not be without warrant OF law and
the writ under which he is seeking redress is confined
its office to the enlargement from Imprisonment or
tody of persons so arrested and detained, and none
others.
Upon the questions which have arisen out of the
laws of April and Septemb r, 1862, well that of
January last usually called the Concrption Act,
future occasion may be afforded of giving to the pub
lie my views. At present abstain from any discus
sion of them, it is not necessary and they may be
the subject of future reviews in the Court of which
am member.
l deem it proper to state, that the petition in the
csse does not SGT forth the alleged ground for the petit
toners arrest but concluded to overlook this defect
and meet at the questions raised upon the con-
struceion of the aw mention it here, that it may
not be regarded precedent against me. In gener
al it is believed to be consistent with just and
prompt execution Of the laws to require petitioners to
set forth the grounds of controversy far they are
known and if the petition disclose to which the
act of suspension clear applies it seems to me it ought
to be rejected.
The petitioner is remanded to the custody of the Off
GER M. f. MANLY.
.IsRoADs UPON LEASED PLANTAT1oNs.-A cores
pondent of the st. Louis Democrat, writing from
Natchez, Miss March 20h, says:
In Concordia apd Tensas parishes in L0ui sana, the