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The Daily Dispatch: November 17, 1863., [Electronic resource], Confederate States District Court--Judge Halyburton presiding. (search)
Confederate States District Court--Judge Halyburton presiding. --The case of Edward E. Orvis, taken in custody under the conscription law, and which was continued from Saturday last, was called up. This was an application for a discharge under a writ of habeas corpus, heretofore granted, and in support of the application voluminous documents were read and a lengthy argument delivered by the petitioner, who is an attorney at law. Orvis enlisted as a substitute for Fayette Allen in the early part of the war, and upon the disbanding of the company to which he was attached, he was discharged on the ground of his religion, and afterwards arrested as a conscript. Orvis claimed that he was held as a conscript, and that being a conscript he was entitled to a discharge on the ground that he was a clergyman; that he was not liable on account of his substitute ship. After reply from P. H. Aylett, the District Attorney--most severe, we must say, though justified by the facts — the ca
e C. S. District Court. It seems that Fayette Allen, of Halifax, in March, 1862, visited Richm clergyman of the Reformed Baptist Church, and Allen conformed to all the requirements of the Goverherefore, the Rev. Mr. Orvis, although paid by Allen to serve as his substitute for the war, insist from all his obligations to the Government as Allen's substitute for the war, and his being a clersubstitute prevail, despite his obligations to Allen to serve as his substitute, for the war, the fate of poor Allen commends itself to the attention of all unhappy principals in, similar substitute transactions. The substitute, with Allen's thousand dollars in his pocket, will go free, exempt fsful substitute clergyman and attorney, whilst Allen, minus his money, will be at once sent to a caretences, Orvis having bound himself to act as Allen's substitute for the war. Allen, we learnAllen, we learn, is a poor overseer, and the father of a large and helpless family, who spent every cent which he
"The contract which I, in perfect good faith, entered into with Fayette Allen and the Government I have fulfilled to the very letter. No man I have failed in the slightest particular in my duty to either. Mr. Allen received his exemption " for the war." Would it not be a violatioy and conscientiously every stipulation of my contract, both with Mr. Allen and the Government, and after being thrust out of the service wity thrust in again. But the truth is, that after discharging both Mr. Allen and myself, the Government has sought to conscript us both. The attempt to conscript Mr. Allen was made before I sued out my writ of habeas corpus; and the only means I had of protecting his rights was first to protect my own. If I have not done my whole duty towards Mr. Allen--of which, however, I have no doubt — I can now do so, which I couldpt myself; for it was as a conscript and not as the substitute of Mr. Allen that the War Department sought to force me into service. In view