Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1865-01-06

II
to be vigilant in wardaG Nf encroachments upon
their rights, and prompt earnest in redressing
every, even the slightest Wig
"TyEs6ny ram s the worst Of> sOns The pFi'N'
Neglects or violates his trust, is Gore
a brigand than the robber- -chief"/
But my chief purpose in this arttTs.s to defend
North Carolina, and especially her t4cary, from
the unbecoming and libellous attack OF ov Smith.
lie says, substantially, that the judiciary and es-
;ecially the judiciary of North Carolina i'm
properly aiding men in escaping service. That
they are doing this il spite of law, and the knoWn
will of the Legislative and Executive departments
20 the contrary
do not pretend to be accurately informed as to
tne legislative, executive and judicial action of
Ala6ama, Virginia, and the other States; yet
doubt not am quite well informed as to all of
Them, except Virginia, as Gov. Smith. No body
will believe that he ever read ju lcial decision in
North Carolina or that he understood it if he did
rs, however, he makes out North Carolina great
neal worse than any other State suppose that if
'tccessfully defend North. Carolina shall defend
the whole
challenge Gov. Smith to show where anv court
or any Judge at chambers in North Carolina, has
ever claimed the right to exempt any person against
the legislative or executive will or to show sim
gle instance in which any man has been exempted
contrary to law. The only case afording the least
ground for such charge was the case in which
the question arose as to the liability of the princ-
pals of substitutes. Upon that question there was
difference of opinion among our judges, as there
was among statesmen and lawyers everywhere;
but even'n that the question was decided and SET
tied by the Supreme Court not against, but in IA
vor OF the government, and every principal has
been put into service
suppose the matter upon which the Governor
founds his complaint is the exemption of State Off
GERS Let US see, therefore, whether the judiciary
ahu the legislative and executive departments are
at variance upon this question.
The act of Congress, 18th February, 1864, ex-
pressly exempts all Confederate officers claimed by
the President and all State officers cl.med by the
Governors. Now, if 1t wrong to do this, then
the wrong is not with the Judiciary, or with the
States, but with Congress. And if Congress was
Obliged TO allow the exemptions by reAson that the
CONSTITUTION required it to be done then the error,
1t error at all, was neither with Congress- nor tue
States, nor the Judiciary, but in the Constitution it.
sell. The Governor of North Carolina asked the
advice of the Legislature as to what officers he
should Claim, and the Legislature, on the 2Sth May,
1864, answered as follows:
" ResoLced, That this State demand the exemp-
ton from conscripton, OF all the civil and military
officers thereof"
The courts of North Carolina then decided that
both by inherent right of State sovereignty, and
by express legislative enactment oil the officers in
| North Carolina were exempt from conscription.
And so Gov. Vance in his late message 2lst
| November, 1864, says: 1.-The Supreme Court in
| johnson Us. Mallett, having affirmed the opinion
advanced by Die in my last message, that the ex-
emptiOn of officers and agents of the State is de-
rived from higher grounds than the act of Congress-
thus placing 1t as layoraby the friends Of State
| sovereignty DESIRE" &c. So it seems that before
the Courts had decided the question, Gov. Vance
had proclaimed it in his message, and the Legisla-
ture had expressly resolved the judiciary decided.
1t would therefore, De impossible to conceive . case
OF more perfect harmony than exists in all the de-
partments of North Carolina. Yet Gov. Smith in
total ignorance Of all this or else (What ought not
to be believed of any Governor whatever his ante
cedents) total disregard ofthc truth, has stepped
aside from attending to the affairs of his State,
to the unwonted, wanton and unprecedented dis
courtesy Of 1beling sister Statel
Turn back and read what he says about North.
Carolina and her judiciary, and answer me whether
"Oaicial" ignorance and impudence were ever be.
fore SO reyoltingly exhibited? Over their naked
defOI nifty there is not modest ray, or taW-
dry rihand Hear how he vauntS himself: 1.-The
courts understand better than their anC
90 equal departments whai necessary r. preserve
the State government! @gainsL this l enter my
firm, yet respectful protest"
| Per CuTam! Let it be so entered with an extr,
pen,. upon extra paper, in an extra bound book
and let Extra Billy go without day. wheresOeVer ht
will Go, Extra, gol
"Thou mayst from law, but not from scorn escape
The pointed finger cold, averted eye, ..
lnSulted virtues hisS-thou can'st not ly."
HABEAS CORPUS.