Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1865-01-11

flames, tho mind drivsasd y idiocy, OF inasmed 70
madness before the wfetched victim can b neaa
to complaint Let me assure the Governor, tnas
when men are driven to such extremity oy
traordnary official tyranny" they ask for no wrlts
they await not tho laws delay, they "spread no
feast to which lawyers hie" they appeal to no judge
in chambers or in court out like as an eagle
screams, they cry: God and Libertyi And IKE a.
. lion bounds on bis prey, they throttle the mon
ster that oppresses them. and tear It to atoms.
It'll matter Of establishment that officials should
think it their liberty, to practice tyranny at all;
or that the people must submit to at least as much
AZ they can bear. Officials are for the projection
of the people friends, not enemies. And, instead
of being SLOW to hear their complaints, they ought
TO be v,gilant in warding off encroachments upon
their rights, and prompt and earnest in redresslns
every, even the slightest wrong.
"Tyranny g the worst of tressons. The prince
who =. :. ..-.-t.
Neglects or violates his trust, is moro
A brigand than the robber. chief"
But my chief purpose in this article is to defend
North. Carolina, and especially her judiciary, from
the unbecoming and lbellous attack Of Gov Smith.
He says, substantially, that the judiciary, and es-
pecially the judiciary Of North Oarolina are inn
properly aiding men in escaping service. That
they are doing this iE spite of law, and the known
will OF the Legislative and Executive departmeats
to the contrary.
l do not pretend to be accurately informed - TO-
the legislative, executive and judicial action Of
Alabama, Virginia, and the other States; yet
doubt not am quite IS well informed as to all OF
them, except Virginia, as Gov. Smith. No body
will believe that he ever read ju hcial decision in
North Carolina or that he understood it if he did.
As, however, he makes out North Carolina great
deal worse than any other State suppose that if l
successfully defend North Carolina, shall defend
the whole.
challenge Gov. Smith to show where any court,
or any judge at chambers in North Carolina, has
ever claimed the right to exempt any person against
the legislative executive will or to show sin.
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 prnci-
| pals Of substitutes Upon that question there WAS
difference of opinion among our judges, as there
| was among statesmen and lawyers everywhere;
but even in 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
POUNDS his complaint is the exemption of State off,
GERS. Let US see, therefore, whether the judiciary
and the legislative and executive departments, are
T at variance upon this question.
/ The act of Congress- 18th February, 1864, sx-
pressly exempts all Confederate officers claimed BY
the President and all State officers claimed by the
Governors. Now, if it was wrong to do this, then
the wrong is not with the judiciary, or with the
States, but with Congress. And if Congress wss
obliged to allow the exemptions by reason that the
if error at al was neither with Congress, nor ths
States, nor the judiciary, but in the Constitution it
/ self Tbs Governor Of North Carolina asked tn
advice of the Legislature as to what officers b
should claim, and the Legislature, on the 2Sth Nay
, t 1864, answered as follows:
a =" Resolped That this State demand the exemp
ton from conscrption, of all the civil and militsr!
officers thereof"
The courts of North. Carolina then decided ths
both by inherent right Of State sovereignty, 40
by express legislative enactment all the ohcers
North. Carolina were exempt from conscription.
And so Gov. Vance in bis late message, 21i
November, 1864, says: "The Supreme Court, i
e johnson vs A.llett having affirmed the opinio
advanced by ME in my last message, that the 81
o emption of officers and agents of the State, is
: rived from higher grounds than the act Of Congrea
q thus placing it as favorably as the friends of Stai
). sovereignty desire' &c. So it seems that befo,
& the courts hai decided the question, Gov. Want
!, had proclaimed it in his message snd the Legs1
ture had expressly resolved as the judiciary decide
,e 1t would therefore, Be impossible to conceive ca
n of more perfect harmony than exists in all the
N partments of North. Carolina Yet Gov. Smith
,r total ignorance Of all this or else (whst ought
= to be believed of any Governor, whatever his ant
cedents) total disregard of the truth, has stepp'
10 aside from attending to the affairs Of his own Stat
N to the unwonted, wanton and unprecedented d
:. courtesy of libeling sister Stated
,e Turn back and read what he says about Mort
u Carolina and her judiciary, and answer me vheth
d "oficial" ignorance and impudence were ever b
4. fore so revoltingly exhibiteds Over their max
NJ defo nifty there is not even modest ray, or t.
r. dry riband. Hear how he vaunts himself: 1T
"a courts understand better than their coordinate
r co equal departments what is necessary to preser
y the State government Against this enter =
n. firm, yet respectful protest"
-. Per Curiaml Let it be 30 entered with an sx
70 pen, upon extra paper, in an extra bound boo
and let Extra Billy 60 without day, wheresoever
or will Go, Extra, 60!
nd "Thou mayst from law, but not from scorn escal
N. The pointed finger, cold avertel eye,
ut Insulted virtues hiss-thou oan'st not Ay."
Of HABEAS CORPUS