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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. Buy It at Lowest Price on Amazon

. . 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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