The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1868-01-16
GOvERNORsHrp OF VIRGINIA.
TEST CASE IN THE SUPREME
COURT OF APPEALS.
IMPORTANT DECISION.

On Tuesday last James hawthorne pre-
sented a petition to the Court Of Appeals
complaining that he was unlawfully de-
tanned in the penitentiary, in the custody
Of James F. Pendleton, the superintend-
ent thereof, and praying that writ OF
hdbeaS corpus be awarded, directed to the
said Pendleton, requiring him to bring be-
fore the court the body Of the petitioner,
with the causes of his detention, that it
might be inquired into with view to his
relief. Lawhorne was confined in the peni-
tentiary in pursuance of conviction OF
grand larceny in the County Court ofNelson.
On the 18th of January he received par
don from Governor Peirpoint. In virtue
Of the pardon he demanded Of Superin-
tendent Pendleton his discharge from the
penitentiary, but the Superintendent, be-
cause the term of Governor Peirpoint ex-
pired on the lst of January, 1868 Gf not
the preceding day. and the pardon was is
sued thereafter (on the l3th), although nc
successor in the gubernatorial office had or
has yet qualified, refused to admit the va
lidity of the pardon and to discharge the
petitioner, and for no other cause con-
tinued to hold him in custody. hawthorne
submitted that the pardon granted by
Governor Peirpoint after the expiration OF
his term, and before the qualification of a
successor, was valid, and entitled him to a
discharge.
The case was argued by James Nee
son, Esq, on behalf of the petitioner, and
Judge Burnham submitted to the court a
written opinion, furnished General Scbo-
field. Judge Moncure yesterday gave the
unanimous decision of the court.
We make the following extract from the
opinion:
Whereupon it appearing to the court
that there is probable cause to believe that
the petitioner is detained as aforesaid
without lawful authority, writ Of habeas
corpus is awarded him, to the said superin-
tendent to be directed, commanding him
forthwith to have the body Of the petitioner
before this court, together with the day
and cause of his caption and detention,
and thereupoI the petitioner by counsel,
and the said superintendent in proper per-
son, agreed in open court to dispense with
the actual issuing to the writ and with the
personal presence of the petitioner in
| court; that the said memorandum should
be regarded as return of the writ; anc
that the court should proceed to decide
the case upon the said petition and return
in which it is fully presented. And the
court, after hearing and considering The
arguments of counsel as we'll in behalf o
the said petitioner upon his petition a.
in opposition thereto, is Of opinion that tho
Governor is an officer within the true in
tent and meaning as we'll as the litera
terms of the twenty second section of the
sixth article of the Constitution Of th'
| State, which declares that "Judges ant
all other officers, whether elected or ap
pointed, shall continue to discharge the du
ties of their respective offices after thei
terms of service have expired until thei
successors are qualified %; that although
Governor Peirpoint's term Of office has e1
pired, it devolves on him, under the saidpro
vision of the Constitution, to continue to dis
charge The duties of his office u''tilhis succeS
Sor is qualified; that as successor to hin
has not yet qualified, the pardon granted
by him to the petitioner is valid pardon
and that the said petitioner is illegally de
tanned in the pententiary and in the Gus
tody of the said superintendent. 1t j
therefore ordered that he be discharged
therefrom.