The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1866-05-02

$3.50 cSs, =. Tue circuit and Distr;o.
Court OF the United States, for Tenns D,slrct
its recent term in Memphis, in tb the ese at
Heron cs. General Runkle, Superintsaansse OF
OF the Freedmen's Bureau, in which ;a !.
declared, that the Bureau Courts can :. was
cise no legitimate authority in time of n oAer-
as they are entirely Of a military cbararp. eace,
In the opinion of the Court, it is said ~.
inc recent proclamation of the Prcs;d inae
OF the United States, declaring that an IL
sGrrection NO longer exists, is declarat;rn,r
OF peace, which sweeps from amono no ero.ll
thlng which savors of military constra;.y
upon the rights of citizens and rcstnraS "'.t
.hen .he ordinary and peaceful channels for
'"1 ASSERTION ana enforcement of these riubts
assuming then, that the Courts in Gne noe
Ion were IN Their inception legitimatelv ana
piopoliy eseaoilshed, and that the juris,I;c
ZION exercised by them, during the existenco
% Tue wal, was also legitimate and proner
it does not follow that they have = p, r;l.s
now the war is ended, to make and sumna
rlly to enforce orders as they did wh Ii,'''-
state Of war existed. WINE
Inc Court therefore concludes. tbat tho..
Is NO jurisdiction conferred rnon ',';, mere
commissions to try civilians in time &c ,ay
either by the common law. the ConSt;t". soe,
OF the United States. act of Conorosa wv
proclamation of the President after sIa vi any
er OF suspenling the privilege of tbe M Powc
naoeas corpus was conferred unon him 10y y.
tnat such jurisdiction is in direct contrnv nu'
tion OF the proclamation of Anr;l. Oh ,oen
winch declared, in accordance With ~ ,oeo'
ciples OF Magma Charta. and tho Cons.;.apa PIN
OF r rne United States, that, standing armies
military occupation, martial law. mil;tarr,
tribunals ,I and the suspension of the priviIegcs
oi Tue VIII OF hdoeas corpus, are in times of
peace dangerous to public liberty incom cows u
IDLE with the individual rights Of the c;t;pon
contrary to the genius of our free institntio ,
and exhaustive ofthe national resources anJ
ought not, therefore, to be sanctioned or az
iowed, except In eases of actual necessity fnr
repelilng invasion or suppressipo insnrro Ol
ton or rebellion ihNuiiec-
Inc war beng ended, that is an end TO tbo
Couft' ana there being no longer any such
court, tine officer of the Bureau has no LONGER
authority 10 act IN that capacity. and 70 on
lorce judgments or orders, whether made no
iofe OF since the declaration of peace IF he
does SO, and under that preteyt scizes tba
property OF citizen, he will become trace.
passer, and may be held liable TO DAMAGES r.
the party injured. y = IF in tb;s c.so
tne Judgment was rendered and not enforced
before the war ended, then it cannot be now
enforced, for the authority by which it was
rendered has ceased with the war. and mo
longer exists" =
Inc only question remaining for our con-
sideratlon Is, as to the jurisdiction of the
civil Courts and their right to issue the writ
Oh naOeas corpus in order that the capture and
detention of the petitioner may be inquired
AS the privileges of the writ were only sus-
pended during the existance of the rebellion
ana the rebellion, so far as North Carolina is
concerned, rs at an end and henceforth to be
so regarded, it follows that the Court can
issue the writ, provided it has jurisdic-
Inc TACT that the petitioner is held by
Federal officer, and the writ has been sued
out from State Court, is not important. in
asmuch as it has been decided in North
Carolina, in Bryan's case, 8 Jones 1. that the
Court has jurisdiction in such cases.
The petitioner is not arrested and held for
trial merely as prisoner of war, and because
OF his participation in the rebellion, but it is
charged that he has violated the laws and Gus
toms of war.
The laws and customs of war are part of
the laws OF nations, and the latter have al
ways been regarded as a part of the common
law, 4, Black. Com. 67, and offences against
the same, which are not directly connected
with the order discipline and safety of an
army IN the field, are punishable by the civil
The Charges against the petitioner
Ire not OF the latter character.
whenever party is the recognised legal
custodian OF another, and is guilty of cruelty
Dr. humanity towards him, the law will hold
nm amenable, and he is subject to indict-
nent IN our civil courts, If he is not the
egal custodian, then he is indiotable for
aise imprisonment, and the cruelty and in
humanity is considered in determining the
punishment to be awarded. If death has
,nsued from cruelty and inhumanity under
such circumstances, the party is indictable
or murder, and upon conviction will suffer
leath. -
The jurisdiction, therefore, of the Superior
Courts of Law, is clear.
1t has been suggested that the President
lid not intend by his proclamation to inter
ere with Military Commissions. at that time
'r previously organized. or trials then pend
ng before such Commissions, and that if the
Court is satisfied that such was the intention
II the President, it would not interfere by
means OF Its writ The Constitution declares
nat the privilege of the writ of habeas cor
'as shall not be suspended unless when in
'ases OF rebellion or invasion the public safe
y may require it" and the act of March 3rd,
1868, authorizes the President only to sus-
bend the privilege of the writ during the ex-
stence OF the rebellion. 1t therefore follows
nat as soon as the rebellion is declared to be
1t an end, that it is the duty of the Court to
teciare that, IN Judgment of law, the priv
iege OF the writ was restored The fact be-
ng declared, the result inevitably follows
md there IS no power in the President to
leciare that the instruction is at an end, but
hat these Courts of military Commission
nay, in certain cases, continue to exercise
as if the insurrection were still
yaging. Khe could continue the suspension
! day beyond the constitutional limitation.
le might continue it indefinitely.
1t is considered by the Court, that the re-
urn to the writ is insufficient, and it is
ordered, That an attachment in this cause
ssue against Brevet Major-General Thos. II.
tuger, but that the same be accompanied
With copy of this rule, which is to operate
IS instructions to the Sheriff not to serve the
anne, if Brevet Major General Thos. H. Ru-
ger shall forthwith, upon service of a COPY of
ms rule upon him, cause the said John H.
zee to be brought before me, in obedience to
ne writ OF ha6eas corpus, heretofore issued in
his cause.
-. DANL. G. FowLE, ]. s C.
April 28th, 1865.
The following is a copy of the writ direo-
ed to the Sheriff: