Year: 1863

ded to that age, do not become liable themselves on
account Of their substitutes becoming liable under q
subsequent CALL authorized to state that the
Confederate authorities do not regard Judge Pear
| sons opinion as authority, and that persons who
have obtained substitutes but subsequently become
liable through the liability of the substitutes, will


be required either to enter the army or procure new
substitutes over the age of the present call-W W.
| n1lngton Journal


We are astonished at the above notice, suppoSing
it to- emanate from officers of the Confederate gov
| eminent. Can it be possible that the military
riously intends TO override the civil authority in
North Carolina? The idea is almost Incredible
But we warn all who have such an outrage in con-
temptation, that 1t is Gov. Vances sworn duty to
see that the laws executed in North Carolina, and
ne aciH most surely do it and do it with the hearty
| appreciation and aid of the people There IS no


higher law in this State than the decisons>of the
| highest judicial officers There is in existence no
tribunal of higher authority and there has been


no decision in conflict with that of Chief Justice
! Pearson, either by high or low tribunal But
1.-The Confederate authorities do not regard Judge
Pearson'S opinion authorityT Indeedl And
pray who are these Confederate authorities" who
presume to set aside the highest judicial authority
OF State, without legal process or pretence OF


legal decision against the Of that author
ity? If we hope or expect to retain any rights, and
would not sink to a level with the down trOdden
Yankees We must not and will not submit to SUBJ
version Of the civil authority in this State by the
military.


Besides the impudence of such disregard of the
Chief Justices opinion, there seems to US to be
deal of folly too single case has come to trial
before the Chief Justice. Perhaps there may be
fifty or hundred more in the State And for so
small au addition 20 the ranks OF the army, =" the
Confederate authorities propose to inaugurate
conflict with the State OF North Carolina and to set
an example Of contempt for judicial authority,
which, if permitted to pass unrebuked, will be sub
versive of the rights of the State and of its citizens
"The Confederate authorities " would do well to
think Of the result of theeOntroversy with the State
of Georgia. when, with far more of reason and law
on their side they backed out before the determine
tion of Gov. Brown Let them be assured, that the
Governor OF North Carolina will not be any the less
determined to preserve an affirmed judicial right,
than was the Governor of Georgia to maintain his
own unsupported opinion.-Fay. Observer.


We heartily endorse all that the Observer has so
well and so forcby said in the above article. But
the aStonishment of the Editors of that paper will
be increased when they learn that John N Irwin, of
Rockingham, who was discharged by Chief Justice
Pearson on a writ of hdbeaS corpus, has been rear
rested Sy order of the Secretary of War, and is nOU
at Camp Holmes. 1t is not only possible that the
military seriously intends to override the civil
thority in North Carolina" but it has actually done
so, not to swell the army-for the addition of one
man could be of no Importance to it-but to show
its power in the face of the decision of our Chief
Justice, by arreSting the very man whom he had
discharged. The outrage is in progress but has
not been conSummated nor will it be. The O6sero-
er is not mistaken when it says that Gov. Vance
will see to it that the law Isl maintained in North
Carolina The General Order which We publish
n u L. 49,
of Gov. Vance, provides that militia officers shall not
hereafter arrest any a conscript or deserter
who may have been discharged under writ Of hG-
beas corpus; and they further ordered " to re-
ss any such upon the part of any person. not
authorized by the legal order or process of Court,
or Judge having jurisdiction Of such cases." This
is the answer which Gov. Vance has made, and
properly made, to the assumption of power by the
Secretary of War to set aside the decisions Of our
Chief Justice.


We published in our last decision of Chief JUS
County, on the same ground on which Mr.. Irwin
was discharged and We learn that Judge French,
of Robson, has given similar decision in case
brought before him.


The officer who executed the order of the Secre-
tary of War to arrest Mr.. Irwin, has not only laid
himself liable to damages for false Imprisonment,
but he has violated statute law of this State for
which he may be fined and imprisoned. Chapter
46 of the acts of the last Legislature of this State
ratified the 11th day of February, 1868, provides
among other things


"That when any person shall have been discharged
out of custody by Judge, on writ of hdbeas cor
pus, and shall be arrested and detained upon the
same cause which he was discharged as aforesaid
it shall be the duty Of the Judge to issue writ
commanding the Sheriff of the County where the
detention may occur to take the body of the person
so detained and bring the same before him or some
other Judge having jurisdiction; when such former
discharge appearing-and if it appear that such
second arrest and detention made Illegally and
with the knowledge of the former dischaFge-the
party offending shall be guilty of a msdemeanor.
and fined and imprisoned at the discretion OF the
Court"


This law was introduced in the Senate by Gov.
Graham, and passed the two Houses by large
majority. 1t was rendered necessary by the illegal
and unconstitutional arrests of citizens by or
der of the Secretary of War; and by the refusal of
his subordinate at Salisbury, Captain Mccoy, to
permit the writ of habeas corpus to be executed in
behalf of citizens detained by him. The clause
above quoted was especially necessary, as case
had occurred calling for the prompt action of the
Legislature A citizen named Jones had been ar
rested-had sued out his habeas c0rpus-had had a
hearing. before Judge Kerr, and was discharged;
whereupon he was re-arrested by Mccoy, kept in
solitary confinement for nine or ten days under
circumstances of marked cruelty, from the effects
of which he died He was thus deprived not only
of his liberty but Of his life, by tyrannical order,
executed in defiance of the decision of Of our
Judges.


North Carolina has been behind no State in her
contributions of men and money to the cause. Her
citizens, and especially the old Union men or Con-
servatives who have been so persistently and cru
civ nersecuted bv the administration at Rich