North Carolina standard., 1851-11-01


the way and the means of having his claim to free
dom established by judicial tribunal, and profer-
ing the professional aid of the states attorney, to
defend him from any unlawful seizure, not warrant
ed by the law and the constitution. Of the ne
cessity, proprety, or expediency of such an act 1t
is not for me to decide. Never having heard that
such an act in contemplation, until the evening
it passed. nevertheless examined its provisions,
and though I had doubts of its necessity or expe-
diency, had of its consttutionality, and gave
it my approval. E{< 81
AS early as the year 1856, this state found it
necessary provide against free persons being trans
ported out of this state and sold slaves, and our
permanent laws make such practices highly penal.
l can see no good reason why an inquiry may not
be had, on the return of writ of habeas corpus,
whether person is arrested or imprisoned by LaoO
tL authorty about to be sent out of the state
without such authority. Instances have not been
wanting, where persons have assumed to act as com
missioners without any authority, and where in a
summary manner, they have taken jurisdiction over
person not fugitive and not subject to their ju
risdiction authority. The habeas corpus act
passed by the legislature of this state, the year
1914, met with the same objection and opposition
as the act of the last legislature and yet attempt
was made to procure its repeal, and its provisions
have since been incorporated into the constitution
of this state. .sHa, sfr z-e.-l .t.i '.za .
| 1t is not, with me, among the Objectionable pro-
visions of the act of Legislature, that it provides
for carrying the subject by appeal to the courts of
law, where from the decision of the highest courts
of this state, writ of will lie to the supreme
court of the United States, nor would it have been
Objectionable if they had made the writ returnable
in the first instance, to the supreme court of the
state. 1t is declared by the constitution of this
state, that the writ of habeas corpus shall in
case be suspended; it shall be issuable of right, and
the General Assembly shall make provision to
der it speedy and effectual remedy, in all cases
proper therefor" 1t protects the citizen from al
unlawful imprisonment, and it matters not how OBJ
scure the person illegally detained or how high
the pretended authority who claims to detain.
Congress- in the pentitude of their power, cannot
suspend it. nor can they direct how trial shall be
had in the same, before what tribunal, or at what
! time. -s E-eE 81. 49,. st#-f
If, as remarked BEFORE the legislature were sin
in their convictions of the unconsttutonality
of the act of congress, OF even if they had anv
reasonable doubt upon the subject they took the
method least liable to objection when they made
provision to refer it to judicial tribunal whose de-
cison was still liable to re-examination before the
highest courts of this state, and of the United
States. That there is nothing novel in referring to
the writ of habeas corpus for relief against any act
of congress, supposed to be against the provisions
of the constitution, may refer to the expressed
opinion of Mr.. Jefferson, whose authority will be
listened to in some of the states which have mani
tested hostility to the law of this state. Writing
to distinguished foreigner who was liable to be re-
moved by virtue of an act of congress called the
alien law" and inviting him to the state of Vir-
ginia he says that should you choose it for your
asylum, the laws of the land administered by up
right judges, would protect you from any exercise
of power unauthorized by the constitution of the
United States. The habeas corpus secures every
man here, alien or citizen, against everything which
is not law, whatever shape it may assume" Hav-
,.o.l~o Il
integrity Of the judges of this state, have no doubt
that in the administration of this law, they will not
contravene the constitution, either of the United
States this state that they will not hesitate to
inquire into any assumed authority of commission
ers or Others will protect all within their jurisdc-
ton from unlawful seizure and imprisonment, and
remand any one, brought before them, who is held
by lawful authority. /
An interesting and important question: on the
subject of fugtives from justice is under discussion
in the state of Maryland, in which they have di- |
rected their attorney General to set such proceed
ings on foot as may bring the same before the sl-
preme court of the United States for its adiudic-
ton. l mention it, only to show, that questions
arising under the constitution of the United States
on the subject of fugtives, whether from labor or
justice and of the powers and duties of the exccu-
tives and Legislative branches of state government,
are not Of SO easy solution, to warrant the impu
tation of hostility to the Union, constitution
reasonable disaffection to the government in any
of those who may entertain different and discordant
views of these questions. -'""
do not look with disfavor on any attempt to |
try the validity of law of congress, or of state
legislature, by appeals to the Judiciary, while 1
wholly dscountenance all attempts of forcible ress-
tance but have not formed so low an opinion of
the stability of the Union, the authority of the
general government as to suppose that either can
be materially affected by any violent outbreak of
popular indignation, or the indscreton, even of
large bodies Of the people. Nor am 1 willing so
to confound the distinctions between crimes, to
magnify them to the crime of treason, the highest
which can be committed in state. -
Called out, in the early part of my life, with
detachment of militia, to enforce the laws of the
Union then witnessed instances of resistance to
the authority and laws of the United States, by
bodies of armed men, property seized under the
authority of the United States rescued by violence
and by men armed for the purpose, soldiers fired
upon wounded, and some of them shot down in
the discharge Of their duty, professional ingenuity
taxed to the utmost to the offenders and to
render the laws Intellectual and although some of
the offenders were convicted of murder and man
slaughter in the courts of this state, yet I was
taught by the courts of the Union, that no treason
was committed. The integrity of the Union was
not destroyed or impaired by such violent and law
less acts, although they were constant and contin
ued for long time I was then taught a lesson
of reverence and submission to the laws, which
made lasting impression on my mind. A resis-
tance and particularly resistance by force, and by
men armed, and by murderous assault, was not ac-