Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1863-03-11
Tn. Writ ar H.bes. corpu..

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Mr.. Warren's very interesting and able speech
upon the Aa1sas corpus published ips sAk list III
sue, has suggested 9 position which ,wsiue sorry
has not been discussed by his ,inquiring and vigo
roos intellect and which, from our nom professional
we advance wnh some H6idenca Viz
That the suspension of the privilege Of the writ Of
habeas eorpus spoken Of in the Constitution Of the
Confederate States, is suspension 0fthat privilege
only 50 far a. i dspends apon, jeder1ts States
legislation and Confederate Statss Gourts and
Judges Therefore, that Congress- itself cannot sus-
pend the privilege Of that writ so r Is guaranteed
by State laws. The words Of the clause are, The
privilege of the writ of Aa1sas corpus shall not'be
suspended unless when in cases of rebellion or in
vasion the public safety may require it" Mr.. War
rem has made il clear reference to the princi
pies Of liberty which we have inherited from Eng,
land that revolutionary forehthers had no toll.
GRAFTON for any suspsnsion ~ lesss excepting BY.
The Representatives who enacted them; and his
corellary-that those representatives. cannot com
NIT discretion Is to time and place of suspension
to another department Of the governmsnt is we'll
drawn from his proposition Is it not equally clear
that any suspension Of laws must be made BY those
who are representatives ad idem with those who
enacted it, ~ -r -. = x .',-t j"'i. al >
We are informed that there are two sorts Of writs
Of ha6eas corpus known to our system Of govern,
ment to-wit: State writ and Confederate States
writ The Confederate States writ is applicable to
cases in which the confinement is not by process
under the State laws and the State writ ID appiica-
BILE to cases Of confinement not by virtue of the laws
of the Confederate States. It viii be seen that to
large class Of arrests-ndeed to the only class Of
which there is any cause of complaint at present
we mean to arrests made by officers Of the State of
the Confederate States uithoIt La both classes of
writs are applicable. What are arrests made Nth
out law has been clearly shown by Davie, in
learned communication recently published in this
paper, and his conclusions must have commanded
SO general attention from our readers as to render
anything upon this topic at present supcrAuous.-
Those who framed our Constitution, being well
aware that writs of habeas corpus from the States
could not interfere with arrests made under their
laws, and feeling no desire to prevent interference
with arrests made withou: law, have interest in
incorporating in the Confederate States Constitution
provision giving Congress the right to suspend
the privilege of the writ by the States. Such q
provision would be an anomaly in the relation be-
tween the States and the General Government if it
had been introduced in ter1ns. How very singular,
then it is that construction should be resorted to to
extend language which upon its face has natural
limitation to the machinery of that government
whose Constitution speaking to extend such. lam
IA q p,ochinprv vvhich inf If
that government could impe it to interfere with
We speak Of the "interest Of the government" ad-
visedly for this part of the argument must stand
fall by that and we know that the interest of tho
goosrnors is not unfrequently in conflict with what
is the true interest of the government The gov
eminent never can be interested in preventing illegal
arrests from being questioned and quashed
The language of the clause we considering
deserves attention Although general in form, it is
language which by well ascertained law of consti-
tuional construction is addressed only to the Con.
fedsrate States government. It does not forbid
States from suspending their wrts of Aa6sas oorpus
The section of the Constitution Of which it forms
part is devoted entirely to the government of which
that Constitution is the basis. This will be plain
to common apprehension by Observing that the
next clause to that in hand forbids in language as
general may be- the passage of bills of attander
and ezpost .taeto laws, which, however, does not
operate to forbid the States to do this and there
FORE rendered it necessary to repeat the prohibition
| to the States expressly in the next section. Ad
hitting, them that the language is addressed to the
Confederate government only, observe the term Of
the expression 1t aludes to the habeas corpus as
thing well known. and to particular sort of deal
ing with the privilege of that writ equally vel
known, viz: a Suspension thereof; and the purpose
Of the clause is to place limits upon that power o.
suspension. As . common law means of giving
effect to certain jurisdiction to be conferred upon
the Confederate States judiciary, that writ was t.
be part Of the muniments Of liberty in the new
government That is taken for granted; and being
taken for granted, English history showed it wa.
necessary to guarantee its operation; and tha
guarantee, with certain limitations is afforded
The question is, what was to be guaranteed! TIL,
necessary reply is, the Confederate sorits Of ha6sa
corpus. The Confederate writ is the subject of tn,
proposition, and of that alone is tpredcated that
may in cases Of rebellion or INVASION be sometimes
suspended
We therefore submit to all candid and consideratt
readers, that Che clause in question was intended
additional bulwark for the personal liberty of al
citizens of the Confederacy, by providing that the
Confederate writ Of habeas e0apus whose existence
is well taken for granted and by which alone arrests
under the power Of the Confederate States legal IN
form, could be inquired into, that this writ should
not be- suspended except as above. We also submit,
that the talk which how prevails % to its coustruc
tomas to its rendering Congress the judge Of thu
propriety of suspending State writ of ha6eal
corpus, is in complete suhversion Of its provisions