Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1863-05-06
For the Standard.

ordained whereof we are Witnesses IN that he hath
raised him from the dead. h2: l. c.
'- For the Standard.
WHO IS RESPONSIBLE FOR 1T
MIR. ED1roR :-Much has of late been sid about.
the Military Prison at Salisbury in this State, the
manner of aresting and conducting prisoners thith-
err and their treatment while there. 1t is quite
apparent to every thinking and impartial mind,
that there is no foundation in the Constitution or
laws of the land for the establishment Of such
Military inqusition /; and it is s.equaly clear that
the system of military arrests and imprisonment as
praclced in North Carolina under the sanction of
the Confederate government, is Utterly violatve OF
some of the most sacred constitutional and natural
rights of the people Of the State. Perhaps, the
despotism of the Grand Sultan. or even the more
hateful tyranny of Lincoln, himself does not fur
nsh more terrible instances of an utter disregard
of the laws OF humanity, and OF those principles OF
natural right upon which are based our civil polity
and our liberties. ..-
Without lawful warrant or authority, sometimes
without even probable cause upon mere ,hearsay
or suspicion our citizens while engaged in peaceful
avocations, bounced upon by secret cmissaries
and armed agents ola tyranny desplcable almest
as that of the old Spanish Inquistion, and frequent
~ without being permitted SO much as to bid iare-
we'll to family and friends to obtain necessary
change of clothes, are dragged off to Salisbury,
where as learn frem well written article in your
last weekly, they are incarcerated in q loathsome
cell to remain twelve or fifteen months, Tor longer
if the infamous officials in power SO deternine,l
without even being charged with, much less proved
guilty Of any manner of crime whatever. And when
charged, and this, be it remembered, only on hear
say or suspicion, what is the usual character Of the
charges? Why, Sir, if the article in your last is
to be received authority, they arc charged with
no Offences cognizable either by Courts civil or mir
i.ary-that is, if the Law be pursued One man is
charged with being suspected of 6sinq a Union
man another, with being dangerous fellow; and
a third for sught know to the contrary, may be
charged witllwearing blue or black instead of grey
The arrest Of suspicious characters within or about
the lines by the military, without the usual formu
Ia Of civil cases, is no doubt q right which is and
ought to be necessarily incident to well governed
army. Common safety demands it, and il is allow
able only because the common safety may be jeop-
ardzed by the delays and publicity attending ar
rests in the usual way. But, apprchend it will
acquainted with the laws and apirs. 81 v~ta...
of government, that this power extends beyond the
immediate. neighborhond Of the army, or can be
egitimatey exercised at large throughout the State
upon persons engaged in civil pursuits far removed
from the scene Of action. And in no case can one
be rightfully held to answer for mere opinion.
The day has passed when it was considered treason
barely to imagine the Kings death, or when it was
held indctable in England TO wish that stays
horns were in the Kings belly Now, it takes acts
to constitute treason and dcts to justify arrest
But are We not fast travelling back to the times Of
the James and the Charles! Are no:.words and
opinions to be accounted for under the late system
Of things? Look at the powers claimed for the
military under the pretended authority of necessity
and OF martial lsw. In theory, the military is in
subsection to the civil powers; but how is it in
practice? Stands the great writ of ha1sas corpus
as fixed under William, Prince of Orange, or as
left by the infamous james
Bot Mr.. Editor, my object when began this
communication was not to inquire into and expose
these evils in ertenso, but to ascertain who is re-
| sponsit!e for them. Evidently, the War Depart
ment of the Confederate States is responsible for
their establishment, and in the main for their con.
| tinuance; but can be forgiven, Mr.. Editor and
my motives rightly understoodt when say, that
| to me it seems that our excellent Governor is to
extent answerable for the continuance Of these
abuses in North Carolina. Not directly-not will
linsly, perhaps--but tacitly by permitting them.
Chief Magistrate, whom i greatly respect. and for
whose election, in my humble sphere, labored as
hard and prayed as ierveniiy, and oyer whose over
.whelming success rejoiced as heartily, perhaps,
as the oldest personal friend and acquaintance
which he may have IN the State; but the best and
wisest of us are liable to4ssr, and have thought
that the Governor, from: q ceHmcndable apprehen.
II
might be injured by it, or that North Carolina, SO
often abused and slandered, might be represented
as again in conflict Nth the Confsderacy," has
quietly permitted this deadly Upas to grow in our
midst until it is poisoning the very air which We
breathe, and some Of our best. citizens are falling
victims to its deadly influence.
Without the consent of North. Carolina, could thu
government erect their bastiles in ou'
midst? Without her permission can il continue
them? Surely not The Governor -undeftlA IaN
as to all LEGAL territorial matters is our highest Elk
ecutive officer. The SOIL and whatever aDpertan.
to it, are under the peculiar jurisdiction of ou
State government. Without our consent no ligh
house, marine hospital, military prison, or othe
national ediice can he erected or continued on ou
soil. The Governor is not in theory merely. bu
practically the Commander-in-chief Of our military
and unless he, under authority of the Constitution
and laws, temporarily transfers to the general gov
eminent portion of her militia for the purposes
our common defence, he only has the right to orde
them under military arrest, to imprison and pun
ish them within the limits of the State for violation
OF the law, except indeed in case Of alleged violation
OF the laws Of Congress, aud where jurisdiction i
expressly given to the Confederate courts Inoth
er words, maintain that the Governor, under tn
authority Of law, has transferred large portion @
the military forces of the State to the Coneeraey
Inc military goyernnent of these troops is, for II
/ time being, rightfully IN the Confederate govern
t ment The remainder of our military force is Re
served at home with tina balance Of the people,
} Oyer these the Confederate government has n
rightfql military control except they be within tn
lines Of the Confederate armies, or in such near pro,
unity as to make it necessary as matter of safet;
that they should become subject to military law :
These citizens thu general governments has no reh
70 arrest imprissa or punish. under military lev
q Without the consent Of the proper authorities 4
Ntpth CafcEfa II fasini4 Fight to kesp up MD
saAyBAss6 6P aly sHsteEsiss E New
:.
d ,aan Any ptksT goverpneus sPeq tAsAsrsS s. r
8 Ndishd &ifsStt Est,s liftS sasirs
a sfn3Wlh Need aaa Hon tiiahq Hsde assbasa|