Unknown to James A. Seddon, March 15, 1864

Hon. JAMES A. SEDDON, Secretary of War:

Sir: I had the honor to receive this morning your letter of the 12th instant requesting me to act as commissioner for North Carolina under the orders relative to the writ of habeas corpus. The appointment is one that I do not desire, but, nevertheless, I will accept it, desirous, as I am, to serve the Government in any capacity that my services may be needed. I suppose that in doing so I shall be allowed to attend to some important business of a professional kind in two or three counties the coming spring terms of the superior courts in relation to which I am under prior engagements. What assistants I may need I know not. It will, of course, depend very much upon circumstances. One competent clerk or more I shall certainly need. I will keep an account of all expenses, but would suggest that some authority be given to procure stationery from the proper officer here.

Upon my return from Richmond I found a letter from Chief Justice Pearson. I send herewith an extract, from which you willsee that he is disposed to raise a question as to the constitutionality of so much of the habeas corpus act as suspends the writ in cases of ” attempts to avoid military service” by suing out the writ. I shall decline to send him any argument on the subject, but shall inclose him the order issued with the act. This letter of Judge P[earson] was written before the decision of his associate, Battle, was made and published, refusing to issue a writ where it appeared upon the face of the petition that the party was attempting to avoid military service. It is said Judge Manly, the other judge of the supreme court, has acted in the same manner, and I hope Judge Pearson will not persist in his course.

Very respectfully, '