Year: 1863

The Register, well pleased at the least pretext
for assaiing Gov Vance, has a long, prosy,
and very dull article, in which il attempts to show
t6ss Chief Justice Pearson has delivered an erro-
neous decison in the Irwin case and that the Sec
retary of War has the right to say what is civil law
in North Carolina The eminent jurist of the Reg
ister who from the same State that produceda
Marshall ought no. to hide his light under bushel,
fash iton the public at late period to do
good. If he had laid down the law in advance, it
might have been of some advantage to the Chief
Justice and the Governor. 1t is hardly excusable
in him to have withheld it so long, leaving them to
decide and act upon the case in the dark. His de-
cision comes too late.


The Richmond Enquirer copies Lrtice from
paper In this State, which in the profundity of its
wisdom and legal knowledge declares, that because
Gov. Vance is sustaining the judiciary of the State
he has combined in himself executive and judicial
functions This assumption contradicts itself. 1t
is his sworn duty as Governor to see that the de-
cisions of our Courts are enforced Does that make
him judicial officer? Does that place him in the
attitude of usurping judicial functions What non-
sensel


We now say to the Register and to all others,
that the argument has been closed in this case
Judges Pearson and French have rendered decis-
ions discharging Irwin and Smith aud Gov. Vance
has determined that no citizen Of this State, who
has been discharged on a writ of hdbeas corpus
shall be arrested second time by order of the Sec
retary of War; This determination is the result
first of the obligation which is upon him to sustain
the decisions of our own Courts; and secondly, of
law passed at the last session of the Legislature
which expressly provides that any person who shall
arrest second time person discharged on a writ
of hJeas corpus shall be subject for such offence
to fine and imprisonment. The case is, therefore
closed That Gov. Vance will maintain this posi-
ton we entertain no doubt. If any "conlict" {"
should grow out Of it the blame will not rest on
him. No one that we know Of desires conflict
with the Confederate government; but if conflict
is to be the result of attempt the part of the
tuar department of the government TO override the
decisions of our Judges, and to substitute the mere
ipss dizit of an officer who possesses no judicial
power for the civil law m this State, then we say
let the conflict come.


Nearly twelve months ago this journal was the
first in the Confederate States to urge Congress
the establishment of Supreme Court The sub
ject was discussed in that body, but the Court was
not established In the absence of such tribunal,
the executive department has no right to expound
and interpret the law to bind the State Judges
We know that the Constitution provides that " this
Constitution and the laws Of the Confederate States
made in pursuance thereof shal! be the supreme
law of the land )" but the Constitution has not pro-
vided that the President or the Secretary of War
shall settle judiciay, against the State Courts
| the question whether law has been enacted "in
pursuance" Of that instrument. A Supreme Court
I could do it. but they cannot If therefore, the ma
chinery of the government had been completed, as


IL tstpnd have bNan, tha principle in the Irwin case
/ and in all other cases could have been decided by
that tribunal on appeal, and the present conflict
| would have been avoided.