Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1862-03-26

aPpeosd On ~ ,ssAsdk Aps;i, l77sLeosah Par.
G.nent bad in Febrsssy pievious declareS3s ooi.
oaies in state Of fsbsiion. aod thousands q Mill
ts had assembled near B0nkw Hill before tIls rath
q June, no martial law he'd bssn, established ~
Parliament; and not until thai day ia Gen. Cage.
aaone and uuconstitutionally mAaeie1ss in DE kni
epase OF our fathers, to 'supeFsedt ia coprse Of
W. common law and instead thereof A0esblhh and
order the use and exercise of msstisl Law.
Another Of these outrages was BY Lord Ur3hmore
IN Virgins, Nov. 7th TITS, "declaring martial h4s
70 be enforced throughout this colony" 81 Amer
lean Archives, r. This was, however, justly de-
nos'nced by the Virginia Assembly as an q assumed
power which tie Ming himself cannot exercise, as
annuis the law of tile hand. and INTRODUCES the
most execrabls of all systsms, MAxrrAl. Lxw.-4
AMsr'c"" Arehires, ST." ~, @eai''ag
40 ms extract from the opinion Of Judge Wood.
our legal friend adds the following, Is con-
denssd from the same opinion; -
II snoaid be borne in mind that there n a marked
unerence between martial loio and suspension of
Me ~rn % ha6sas, corpus. The suspension Of the
WITH ooes not a'apenss with the necessity Of eisil
preeept on oath to justify an arrest-pGr With the
subsequent examination before final commitment
andas its suspension only effected by Congress
alone. it may be modified to suit the actual necessi
ty OF Me case, and confined a. wellto the psrtcu
Lar place as to the particular class of offences eav-
ing the civil law the fullest range il every matter
except such as may be specified, and Withdrawn
from Its Jurisdiction The suspension of this great
constitutional writ considered as it il by the Eng
i,shman :" as another Magma Charta," and by our
CONSTITUTION no less valued here, is really petty
aronfafy act compared with martial aw i: YET new
er from the foundation Of the government till 1861
has there been any suspension authorized BY Con.
gress The following note is found in the work of
learned commentator on that clause of the Con-
stltutlon which forbids the suspension Of the writ
OF haoeas corpus unless when in cases of rebellion
or invasion, the public safety may require it,
NoTE.-" Mr.. Jefferson expressed decided OBJ
lection against the power to suspend the writ Of
hdoeas corpus in any case whatever declaring him.
self in favor of 1.-THE eternal and unremtting force
Of the habeas corpus laws JEFF: Corr. 974, 2si.
why said he on another OCCASION "suspead the
wrn Of haoeas corpus in Instructions and rebel
lions 2" "if tn: public safety requires thai the
government should have man imprisoned on less
probable testimony in those, than in other emer-
geneies let him be taken and tried retaken and re-
tried, while the necessity continues, only giving
him redress against the government for damages"
1et Corr. 344." Story, Const. sec. 1915, n. 3.
A HIRElIsa ArrAcK.-Some hireling writer in
the last Register, the signature of Fair Play
tells number of falsehoods on US by way. of de-
Tending Gen. Branch. If this writer wiW have a
controversy with US about the conduct of Gen.
Branch at the battle of Newbern, let him IN the
outset answer the following questions: How was it
that the enemy was permitted the night before the
battle to cut road for miles towards and near our
entertainments, over which to march to the attack
Why was the Railroad bridge burned, thus cutting
off at least two thousand of our bravest men, some
Of whom were actually engaged with the enemy
while the bridge was burning? Why was it that
Gen. Branch left the field while Col. Vance's and
Col Campbelrs, and Col. Avery's regiments were
fighting, and an hour before some of them got no
tice, but not from him, to retreat? Why did he
not rally the cavalry, and the regiments of Colonies
Sloan Lee and Sinclair and go to their relief? And
why did he leave gap in the centre Ct his battle
array, with the militia stationed near it?
"Fair Play" knows as we'll as we do, that Gen.
Branch was appointed, not because he was qualified
but because he belonged to a certain faction. W.
predicted that he would prove unequal to the occa
| o'oa, anu NC IeSIet tuat OUT pTeuctlOn mas Oeei
! verified. "Our offence hath this extent-no more
For the Standard.
HAMILTON, N. g., March 90, 1862.
To the Editor of the Raleigh Stanaard:- ~;
! DEAR SIR: The Wilmington N C. Journal hal
stated that the Saith N. c. regiment behaved i'll al
Newbern. This is a mistake. The regiment ir
question is posted and posted on the DAY of tn.
battle, at Hamilton, which is at least seventy miles
distant from Newbern. do not pretend to indicat,
what regiment the journal intended to condemn
but feel it due to the officers and soldiers Of tn
| 34th, to contradict the assertion made respectn,
theu and trust that you will aid me in correcting
the errors. by atfordng publicity to my letter.
| am very respectfully,
| your obedent servant,
| COLLECT LEVENTHORPE,
Col. Commanding 34th reg't N. Z. Troops
az We saw the error into which our cotempo
rary, the Wilmington Journal, had fallen, ant
would have corrected it. but the error was discover