The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1866-05-01

| of the Freedmen's Bureau in which if WIZ
declared, that the Bureau Courts can evor
I else no legitimateauthority in time of nnaoo
as they are entirely of military character
In the opinion of the Court. it is said th,.
Me recent proclamation of the president
of the United States, declaring that an in
surrection no longer exists, is DECLARATION
of peace which sweeps from among US evnr,,
thing which sayors eof military copstraint
upon the rights of citizens, and restores T."
them the ordinary and peaceful channels for
| the assertion and enforcement Of these rioI,t
Assuming, then, that the Courts in an
ton were in their inception legitimatelv and
properly established, and that the iurisdio
ton exercised by them, during the existence
of the war, was also Legitimate and pronor
it does not follow that they have a rigbt
now the war is ended, to make and summa
rily to enforce orders as they did while =
state of war existed
The Court therefore concludes, that thero
is no jurisdiction conferred upon mil,tar,.
commissions to try civilians in time of Deacc
either by the common law, the Constitution
OF the United States, act of Congress or apv
proclamation of the President after The now.
er OF suspen'iing the privilege of the writ Of
h0beas corpus was conferred upon him, but
that such Jurisdiction is in direct contraven.
ton OF the proclamation Of April Cd, 1866
which declared, in accordance with the prn,
ciples of Magma Charta, and the Constitution
of the United States, that, standing armies
military occupation, martial law, military
tribunals and the suspension of the privileges
OF the writ of habeas. corpus, are in times of
peace dangerous to public liberty, incompat
IDLE with the individual rights of the citizen.
contrary to the genius of our free institutions
and exhaustive of the national resources, and
ought not, therefore, to be sanctioned or al
lowed, except in eases of actual necessity for
repelling invasion or suppressing insurrcc-
ton or rebellion"
The war being ended, that is an end to the
Court, and there being no longer any such
Court, the officer of the Bureau has no longer
authority to act in that capacity and to en-
force judgments or orders, whether made be-
fore or since the declaration of peace If he
does so, and under that pretext seizes the
property of Il citizen, he will become tress-
passer, and may be held liable to damages to
the party injured. x If in this case
the 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 no
longer exists"
The only question remaining for our con-
sideration is, as to the jurisdiction of tne
civil Courts, and their right to issue the writ
of ha6eas corpus in order that the capture and
detention of the petitioner may be inquired
into.
As the privileges of the writ were only sus-
pended during the existance of the rebellion,
concerned, lis at an end and henceforth to be
so regarded, it follows that the Court can
issue the writ, provided it has juristlic-
ton.
The fact that the petitioner is held by a
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 a 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 part of the common
law, 4, Black Com. G7, 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
tribunals. The charges against the petitioner
are not of the latter character.
Whenever a party is the recognised legal
custodian of another, and is guilty of cruelty
or inhumanity towards him, the law will hold
him amenable, and he is subject to indict-
ment in our civil courts. Ii he is not the
legal custodian, then he is indictable for a
false imprisonment, and the cruelty and in
humanity is considered in determining the
punishment to be awarded If death has
ensued from cruelty and inhumanity under
such circumstances, the party is indictabe
or murder, and upon conviction will suffer
1eath.
The jurisdiction. therefore, of the Superior
Courts of Law, is clear.
it has been suggested that the President
lid not intend by his proclamation to inter
ere with Military Commissions, at that time
u previously organized. or trials then pend
ng before such Commissions, and that if the
Court is satisfied that such was the intention
If the President, it would not interfere by
means of its writ The Constitution declares
hat 'the privilege of the writ of ha6eas r0r-
ous 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 ey-
stence of the rebellion. It therefore follows
hat as soon as the rebellion is declared to lie
It an end, that it is the duty Of the Court to
leclare that, in judgment of law, the priv
lege of the writ was restored The fact be-
ng declared, the result inevitably follows,
md there is no power in the President to
hat these Courts of military Commission
nav, in certain cases, continue to exercise
Jurisdiction as if the instruction were still
vaging. Ifhe could continue the suspension
day beyond the constitutional limitation,
lie might continue it indefinitely.
1t is considered by the Court, that the
urn to the writ is insufficient, and it is
Ordered, That an attachment in this cause
ssue against Breyet Major-General Thos. II.
2uger, 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. III. Ru-
ser shall forthwith, upon service ola copy of
his rule upon him, cause the said John Fl.
lee to be brought before me, in obedience to
he writ of ha6eas corpus, heretofore issued in
his cause.
DAN'L. G. FOWLE, J. S. c.
April 29th, 1866.
The following is copy of the writ direc-
ed to the Sheriff:
STATE OF NORTH CAROLINA, !
WAKE COUNTY.
To the ISheri6'of Wake Connty, Greeting:
You are hereby commanded to take the
ody of Breyet Major General Thomas Fl.