Year: 1863

ing decided that parties furnishing substitutes over
thirty five years, when the conscripton only exten.
ded to that age do not become liable themselves On
account of their substitutes becoming liable under
subsequent CALL are authorized to state that tie
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 procure new
substitutes owe. the age Of the present call-Wil:
naington Journal. NJ 81. ' =


We are astonished at the above notice, supposing
it to emanate from officers of the Confederate gov
ernment. Can it be possible that the military se-.
riously intends to override the civil authority in
North -Carolinaf The idea is almost inoredible-
But warn all Who have such an outrage in con-
temptation, that it is Gov vance's sworn duty to
see that the laws executed in North Carolina and
he soiU most surely do it and do it with the hearty
APPRECIATION and aid Of the people, There is no
higher law ii this State than the decisions 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
"the Confederate authorities do not regard Judge
Pearson's opinion as authority!" Indeed And
pray who are these " Confederate authorities" who
presume to set aside the highest judicial authority
Of State without legal process or a pretence Of
legal decision against the correctness of that author
ityf FIVE hope or expect to retain any rights and
would not sink to level with the down-trodden
Yankees, we must not and will not submit to sub
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 a
deal of folly too. A 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 an addition to the ranks of the army, 1.-THE
Confederate authorities" propose to inaugurate a:
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
versve of the rights of the State and of its citizens
1.-THE Confederate authorities " would do well to
think of the result of the controversy with the State
of Georgia when, with far more OF reason and law
on their side they backed out before the deternna
ton 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 Obserpsr has so
we'll 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. 1rvn of
Rockingham, who was discharged by Chief Justice
Pearson a writ Of habeas corpus, has been rear
rested By order of the Secretary of War; and is now
at Camp Hlmss. 1t is not only "possible that the
military seriously intends to override the civil su-
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 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 O6seru-
er is not mistaken when it says that Gov. Vance
will see tojt that the law is maintained in North
Carolina The General Order which We publish
to-day, issued by Adjutant-General Fowle, by order
of Gov. Vance, provides that militia officers shall not
hereafter arrest any man as conscript or deserter
who may have been discharged under writ Of ha-
6eas corpus and they are further ordered to re-
sst any such arrest upon 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 p. xe- by the
Secretary of War to set aside the decisions of our
Chief Justice.


We published in our last decision Of Chief JUS
tice Pearson discharging NJ Linebarger, of CASTOR
County, on the same ground on which Mr.. Irwin
was discharged; and we learn that Judge French,
of Robesou, has given similar decision in a 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
49, of the acts of the last Legislature of this State
ratified the .11th day of February, 1858, provides
! among other things


"That when any person shall have been discharged
out of custody by Judge on a writ of ha5eas corr
pus, and shall be arrested and detained upon the
same cause ON 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 discharge-the
| party offending shall be guilty of a misdemeanor,
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 our 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 ha6eas 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 Aa5eas corpus-had had
hearing before Judge Kerr, and was discharged; !;
whereupon be was re-arrested by Mccoy, kept in
circumstances of marked cruelty, from the effects
of which he died. He was thus deprived not only
of his liberty but eth1 life, by tyrannical order,
executed in defiance of the decision of one of our
Judges.


North Carolina has been behind no State in her
-