Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1862-10-22
Personal Liberty.


In the House of Representatives, on the 7th inst,
the special order was taken up, being bill reported
by Mr.. Russell, Of Va, from the Judiciary commit
tee to authorize the President to suspend the writ
of habeas corpus in certain cases. We copy from
the Dispatch the following brief sketch of the de-
bate on the subject:
"Mr. Russell made an argument in favor of the
passage Of the bill, showing the necessity of such
an enactment during the pendency of the present
war. ~
Mr. Baldwin compared the doctrine advanced by
his colleague to that of the Duke of Alma one of
the boodiest tyrants of ancient or modern times
He.was surprised to hear upon this floor an argu-
ment that citizens might be deprived of their liber
ty without proof for reasons of State.
Mr.. Russell had assumed no such ground. His
position was, that suspension of the writ Of ha-
escape of parties plotting treason against the Gov
ernment.
Mr.: Baldwin said that he might have stated the
gentleman's position rather strongly, but it. never
theless, amounted to the same thing. No inquiry
could arise through which man might be deprived
OF his liberty, except by the judgment of his peers
and the common law Of the land. He protested
against the doctrine that our Government was
framed only for peace or the sunshine of political
existence. 1t was framed for times of war and
peace-for all emergencies-and if fairly admins
tered, it sufficient for all and fit for all. The
idea of living under such law oppressed him
almost with sense Of suttocation, and he protested
against doctrine which destroyed the very foun-
daton of civil liberty. He undertook to say that
men were imprisoned in this city under crcum-
stances which no British ministry Of modern times
would have dared to sustain or sanction.
Mr.. Lyons, of Va. introduced a substitute for the
bill now before the House. He,remarked that, for
nearly year, as Commissioner to examine persons
brought to this city under arrest-a service which
be performed free of charge-he had opportunities
to acquire some knowledge of this subject from
cases brought before him almost every day. He
had thus cndeavored to frame bill to meet the ext
gencies of the occasion. He believed there were
many cases wherein the suspension of the writ of
aabeas corpus was necessary, but many others in
which such course operated oppressively. The
substitute was ordered to be printed.
Mr.. Foote, of Tenn, said that he concurred entire
Virginia, (Mr. Baldwin, He was grati6ed at the
opportunity about TO be afforded voting upon
the question whether the people should retain their
liberty or be condemned to slavery. He could not
consent to the passage of the bill reported from the
committee for it would be consent to his own en-
slavement. The bill gives to the President full dis
cretion to suspend the writ. bur'this power
that could not be delegated; 1t was exclusively
Parliamentary power. No such discretion was ever
bestowed upon any royal parsonage within, the Brit
ish realm"
Mr.. Gartrell, of Ga, followed in support of the
measure. The bill, unamsded was then ordered
to third reading, and laid over until Wednesday.
If the House passes this BILL of course the Senate
will, for majority Of the latter body seems to have
less regard for Constitutional liberty than the for
mer. Such a measure, if passed, would place the
personal liberty of every citizen Of the Confederate
States at the mercy of the President. Can such a
measure be necessary! We do not believe it is.-
Wha. are we fighting for? Constitutional liberty.
Let US not then, destroy it while we are in the very
act of securing it.
P. s. The bill has since passed in modified form.