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The Daily Dispatch: April 27, 1863., [Electronic resource], article 9 (search)
Habeas Corpus. --An important case has been decided by Chief Justice Person. In July, 1862 John N. Irvin, of Rockingham county, N. C. hired a substitute one Gadhart, who was 36 years of age, and consequently not then liable as a conscript.--He was accepted by Col. Madett and Irvin received an absolute discharge. After the passage of the law subjecting men between 35 and 45 to conscription. It was contended that Godhart was himself liable, and that, therefore, Irvin's discharge had no further effect. The Chief Justice decided that this was not the law, but that Irvin, having been absolutely discharged, was no longer liable to conscription. He says it would be different where a youth under 18 was hired since it was known to the partier when he was hired that he would be liable on arriving at 18. The consideration then faits, and the officer has no right to grant a longer discharge.