The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1865-01-10
HABEAs CORPUS CASES.
From the Raleigh Confederate.


We are indebted to legal friend for the follow
ing Abstract of Decisions upon habeas corpus
cases, made by the Supreme Court of this State at
its recent term They will be found of interest to
the legal profession and to many others, civil and
military
! An officer of the army absent from his COM
nand without leave, is dropped and subsequently
sent to Camp Holmes by the Enrolling officer of
! his county, TO be returned to the army. While SO
absent and before be was sent to camp, he Was APP
pointed Public Register of the county in which he
! resided, and qualified as such. The court holds
that under the army regulations and orders of the
! War Department in such cases, he was not dis
charged from the army by being dropped as off,
GER Held also that his appointment as Register
does not entitle him to discharge from the army.
How it might be, had he been appointed to one of
the offices named 10 the State Constitution querac.
| by G. J. Pearson, overruled-M the matter Of
Seth Bridyman.
/ Pearson, G. dissenting.
! One liable to service in the army is enrolled by
the Enrolling officer of his county, applies for a
detail and is allowed to remain at home until his
application is passed upon 1t was refused. but be-
| fore be ordered to camp, he obtained employ
ment as driver of hack carry ing the mail. Held
that under the act Of Congress exemptlng from
military service mail contractors aud drivers OF
mail stages or hacks, neither soldier in the army
nor one who has been enrolled for service, becom-
| ing mail contractor driver, is entitled to dis
charge Case of lHatheao johnson.
| Pearson, c.. dissenting:
One liable to military service is enrolled by the
Enrolling officer of his county, but before he is
dered to camp is appointed policeman in the
town of Salisbury. His enrolment puts him in
the military service of the Confederate States and
his subsequent appointmnnt as policeman does not
entitle him to discharge Case ct Il. H. Smith,
Same decision in the case of VIM. b. Clark,
policeman of Fayetteville.
Pearson, c. j., dissenting
The Act Of Congress of 18th February, 1861
cxempting frem military service editor Of each
newspaper being published at the date of the Act,
applies only to persons not then IN the army
Therefore a soldier absent from his command on
furough, who commenced the editing and publish
ing of paper on the 18th February, 1864, and was
so doing at the date Of the Act and since, is net
entitled to discharge Case Of Z. j.. Sinclair
Pearson, G. j., dissenting.
In accordance with the above, it was afterwards
decided by Battle, Judge, at Chambers, that
T. no had been enrolled by the Enrolling Officer of
Orange County, and then obtained lease by which
he became editor and proprietor of the Hillsboro'
Recorder for II months, was not entitled to dis
Charge Turrcutines case.
soldier in the Junior Reserves, while absent
with leave from his command was appointed De-
putty Sheriff Of Granville county, and refused to
| return to duty When his leave was out. Remand
ed for reasons given in Bridgemans case-and in
minated that Deputy Sheriff is not an officer of
the State, but merely the agent Of the SLerif.-
Case ct'J r. PhHpot.
One under the age Of As years was enrolled in
March last, but was allowed by the Enrolling Off
Ger to remain at home, believing that be
empt. lie arrived to the age of Is years in May
following. IL July he was ordered into service
and applied for detail. He was subsequently
again ordered into service and sent to camp, when
be claimed discharge as belonging to the Senior
Reserves. Held that his status in the service was
fixed by the enrolment, and his attaining the age
Of forty five years afterwards, Gid not entite him
to be put in the Senior Reseryes.-HasvelFs
Case.
But where one who was under the age of IS
years at the date Of the act Of Congress of 18th
February, 1861 attained to that age before he was
enrolled, held that he was liable service only as
Senior Reserve, and he was discharged accord
ingly.--HUes Go1uin's case.
One who had put substitute in the army and
afterwards became liable to service by reason of
the Act Of Congress on the subject was enrolled
- 10y Piioi " hio Suioiluieul WAS elu-
ploycd in the newspaper Office Of the Raleigh Stan
dard and claimed by the editor Of that paper as
cessary Tor the conducting Of the same, in accord
ance with the provisions of the act of 18th Febru-
airy, 1854. Ii cid that he was entitled to his dis
charge, not having been enrolled before he was 50
employed Case Of " T. Ipchurch.
One Of the conditions of exemption of the owner
or manager Of Is able-boded hands at work on a
farm Gu the lst January 1864, is, that such per-
son shall sell his surplus of provisions and grain
now ON Land and which he may raise from year to
year, to the government &c that is on hand at the
date Of the act Of l7th Feb. 1864. Where one
having been before enrolled applied for detail
and was not ordered into service until sometime 10
November 1864, claimed an exemption and ten
dered Bond to the Government as the owner and
manager OF 10 ablc-boded hands, held that he was
may have the benefit Of the condition, such appli-
cation must at least be made within reasonable
time Nine months is not such time Il Case of
Kurdoch Hhie,
A soldier in tic army in East Tennessee who
was there arrested by order of bis superior officer
and sent to Salisbury, and detained in close con-
fnemcnt by order Of the Secretary of War, to await
charges to be preferred against him, cannot be dis
charged from such custody upon a writ of habeas
corpus Civil tribunals cannot interfere in such |
cases, but the party is left to be dealt with by the
military authorities according to military law
Case IF Joseph j. Fon. !
The Act Of Congress of the 18th of February,
all tl,