The weekly standard. [volume] (Raleigh, N.C.) 1869-18??, 1870-12-07


and battery. is equally great wal
The provisions of the Code of North Car
lima referred to above are taken from the
Code Of New York, and Lam strengthened
IN he view have taken by the remarks of
the Court in the case of Knickerbocker Life
Insurance Go vs. Excelsior, the language OF
which i have adopted, chiefly 9 Abbotts
Praciice reports u. 81 pp.g3. II appears
to me, clearly, the writs of capias in these
cases have issued without legal warrants, snd
that there is no sufficient order of arrest to
detain the defendant. las .1ed
But the marshal also returns that he holds
the defendant 10y virtue ol the following
warrant: -Hfii "il sIt''
H UNIrEn Sr.rrs OF kar,,c.
80 =" District of Nor,l, carol;na
To the Marshal of said Distr;ct" Gr..,;,,r.
al Who,r,,o..i /,
.nd Iasiea;, n;aPpeaIs ~ me upon the oa'h
s ROGERS Thnma ~ 2 P F. meea' ~ george
and So, i a;.:lDs Isa"ss .: ~. Murray
s ,Ja. Gsnsrs elalzsns o. the Emitted States,
evil I;sm,.'.l 'm aeea ,i h,uu i',strie': IS an
a,cs ,h'p, 'soa, .,ia. nc han1'''ai'y
other nnl wi,i ''aa ' dnna ps,s sworas ana
Violently se;zrs w;,h.,', ~s'i'.s na'.
,or anthor;,r neac,s., saJ a,. Ha m ;,;a
of ,ha Irn;,'d s., "'. a. a'9 1i'.Hens
and threatens with cursS ANA nss,,s 20 mo-.
Ss, in s,,c,, ,,,,...1.,i 80 " 'ct,
whcr.as il firth, .,,;,e.ro ~ ,a 50, mnu
oath mn, ,van,;n.f;i,ns I'M ,b,ti;,p 90 ~
Beruen, IN said district On orr a,,s,t az ~.
doy'of Anonst A. n 1910 AL stu ~, ."o a -,
Georse 8, Rogers i HrWr,,.,, n 'I w
Weldon. Wnlism ps,toa .-ana, .tha - w. W.
hano, imnrisor noanac. a. ,,,s,srea. 80 '; =;
lure them and tbreaten r., ~ mot s,,, Gnu ~,
and to take tt1t mn si,t rsScn, .ts .o;a X w
Weedon. j H Murray. Gensoe, 3 sR.,,,a.s
William Parton and aihers .a,ssinst ,he 80
stitution and laws of the Il ,r,iicsl 1St,t,.s
Now tl,crrtore rou r. Mar. h, ,,,,,, ,es,,a
ed, in The name of thesIII,ited st,trs to t,kc
the body of the saidsB. q. Bergen and bring
him before me sxberevs.rs.5 Isay.,i,, in ss;S
district. to answer chsrr,rr.ss ;,,.ajrst him IF
the United States for ttss. InpfterSand thinos
so alleged a sainst linn, and be dealt with
according tn law 't. s !. - assN'
Given under my hand and seal at Cham.
beers in Ralei9 h.; tt.v a6tlt a8y soff A ugurst
a d. $780, .ss;f1 ,'a3Fe Nv RRooTs
ai Judge Of Diskict Court he Tinted
States for Inc Disfriirt of Northsfd,o,ion
regret exceedingly 1hat-at the bear;ng
Of fins case ma Mi tbs J.n.s 81 n ,La"d
vice and counsel of the dis,ing,i1;sb,5 Ind n
of the District Cnurt. =. - ., -
I have been unable 6awever tn learn
from the remarks tf counsel or IA. ,6nd from,
nv investigation sinee tite -inr;srl;Gt;on in
the Conrt of the Un;te,l 5ta t,,o ,,s -. 81
this arrest Tt has long Lesn de,srm;nad
that these Courts arc; of limited inr;sa;cf;on
and that they do not eyeu.;so c1mn,on Iou
jurisdiction in criminal cases Nothino can
be punished by them not made criminal hv
statute and even in eases where the oovorn.
ment is the marty ayor;svea 1,h,. : nemn,nn
law offence is only eoy,,izabIe On the State
courts. :meIvl
The offence cbarued in tb;s warrant how
ever grieyous. is a Violation ne.tbe neono NJ
NORTH, Carolina There cnnld 6n M ;nd;c,'
ment framed under anv act ~ ICongroso
which has been bropobt RI nv not;,.o ~
punish the offence charael and + will bord,
Iy be commended that tie courts of thc
United States may.iss,e warrants 70 nrevent
offences that thew are nowerless 70 Epnn;Sh
If this case presented in tho, warra nj cot ont
be within the jurisdiction Of the District
Court, there can hardly he conceiyed q COS
of wrong, doing which is NOT w;tb;n tbot
jurisdiction -. S-~.
The warrant states that the conduct of
petitioner rccited therein was in violation of
the constitution ot tho TTn;tnd S.a.a. -
Bar, the first section of the XIV Amend a 4.
ment is alluded to as the ma rticnlar secrion
! violated. -"
The petitionerwas al officerof the militia
of North Carolina when he made the arrests
compIained of The Ia ~ of North' CaroI;nn
authorized the Governor of the Stat. hon
in his Judgment any part of the State was
| in insnrreci ion to call out the militia and to
suppress it by force. .mra
! The Governor had hy procla,nation d.
clared the particular locality in which the
atlantis resided. in state of Instruction,
and had sent the petitioner with trnons ,n
suppress it. Now so far as the courts OF the
| United States were concerned and with sinh.
mission, all other courts were bound TO abide
by the judgment of the Governor in this re-
spect, because he was the only person in the
State authorized by law to determine the
fact whether there was an insurrection or
not and when he proceeded to enforce the
law of the State in obedience to the military
power granted him against persons in insurr
rection in the State, was. enforcing no law
which abridged the privileges or ;mmnn;.
ties of the citizen because its is not the nriv.
ilege of a citizent to be engaged in Am insur-
rection.
Norw such proceeding to DEPRIVE al,y
person of life Of liberty without due nrocess
of law, because in time of insurrection when
the civil power appeals to force to, support
its authority. the sword is due nrocess If
law. -. ~, .-s.I
The Supreme Bench of the State has held
the militia law constitutional. and AGREE
with the Judges in their opinion. 80 90
Tie parties arrested deny their u, r,icipa.