Burroughs v. Peyton
Supreme Court of Virginia
On the 12th and 17th of February 1864, J. R. F. Burroughs and B. P. Abrahams applied to this court by petition, setting out that they were held in custody by Major T. J. Peyton commanding at Camp Bee near the city of Richmond, as conscripts.
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On the 12th and 17th of February 1864, J. R. F. Burroughs and B. P. Abrahams applied to this court by petition, setting out that they were held in custody by Major T. J. Peyton commanding at Camp Bee near the city of Richmond, as conscripts. That they had theretofore put in substitutes under the act then in force, and had been regularly discharged from the. .servibe, and that their substitutes were still in the service, and were *not liable to conscription under any act of Congress ; the substitute of Burroughs being an unnaturalized foreigner, and the.substitute of Abrahams being fifty-seven…
1Opinion of the CourtRobertson, J.
The returns having been made without .reference to the recent act of Congress suspending the privilege of the writ of habeas corpus in certain cases, and the respondent not asking leave to amend them and rely upon -that act; but on the contrary stating that he asserts no right under it to hold the petitioners in custody; the court does not consider it necessary to decide any question which might arise under said act, and will proceed to consider these cases irrespective of it.
Although this court has, more than once, acted upon questions arising under the acts of Congress approved on the 16th…
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