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Cases of Habeas Corpus Decided by the Supreme Court of North Carolina

CASES AT LAW,
ARGUED AND DETERMINED
IN THE
SUPREME COURT OF NORTH CAROLINA,
AT RALEIGH.

JUNE TERM, 1863.

IN THE MATTER OF J. C. BRYAN.*
HABEAS CORPUS.

The Courts and Judges of the States have concurrent jurisdiction with the Courts and Judges of the Confederate States in the issuing of writs of habeas corpus, and in the enquiring into the causes of detention, even where such detention is by an officer or agent of the Confederate States.

        The courts of this State, as well as the individual Judges, have jurisdiction to issue writs of habeas corpus and to have the return made to them in term time and, as a court, to consider and determine of the causes of detention.

        A person liable to military service, as a conscript, under the Act of Congress of April, 1862, and who, by virtue of the 9th section of the act, regularly procured a discharge by furnishing a proper substitute, cannot again be enrolled as a conscript under the act of September, 1862.


* Judge MANLY was absent during the greater part of the term on account of sickness, and did not participate in the consideration of any of the cases of habeas corpus decided at this term.


Page 2

        Bryan, the applicant, petitioned to the Supreme Court, at the present term, for a writ of HABEAS CORPUS, alleging that, being between the ages of eighteen and thirty-five years, he procured a substitute, who was duly received by Peter Mallett, then Major in command of the conscript camp, near Raleigh, and the chief enrolling officer of the State, and that the said Major Peter Mallett, on the 29th day of July, 1862, gave him a discharge for the war; that the age of the said substitute was thirty-nine years; that on the 16th day of June, 1863, he was arrested as a conscript, and was at the date of his petition in the custody of Lieut. J. D. H. Young, of Franklin county, as a conscript, under the second law for raising conscripts, (September, 1862,) and that the said Lieut. Young is about to carry him to Camp Holmes, a rendezvous for conscripts, near the city of Raleigh. The prayer of the petition is for a writ of habeas corpus, to enquire into the cause of detention of the said J. C. Bryan and for a discharge. The Court ordered the writ, which was accordingly issued by the clerk, and was returned with this endorsement: "I accept the service of this writ and return for answer: that the facts set forth in the petition are substantially true, and that I arrested him by an order of the enrolling officer for 5th congressional district.
J. D. H. YOUNG,
Lieut. 40th Reg't. N. C. Militia."

        On the return of the writ a day was given in Court for the hearing of the case, and as a preliminary to the consideration of the facts stated in the petition, the Court requested arguments from gentlemen present, on the question, whether this Court and the other courts of superior jurisdiction and the Judges individually of this State, have jurisdiction to issue writs of habeas corpus, and to consider the causes of detention, where the imprisonment or detention was under the authority of the Confederate Government. Thereupon,

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 No. 309
 Posted on 8 June, 2006
 
 
 
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