Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1863-01-30
The .eGreat Writ. of Right,

We have the pleasure of laying before our readers
to-day, an able and eloquent communication over
the signature of Dazzle the subject of the great
writ of right" the hG6eas corpus. The writer is
thoroughly informed on the subject, and his dem
onstrations founded on the Constitution ITSELF are
as clear as sunbeam. Read this communication,
and then hand it to your neighbour
Forthe Standard.
4 frequent recurrence to fundamental principles is
absolutely necessary to preSerUe the blessings of
liberty. DECLARATION OF RIGHTS, Sec. 81.
Such is the warning of ancestors, when, in
the midst of from abroad and civil strife at home
they proclaimed for themselves and their posterity,
the great principles of freedom which constitute
Declaration of Rights. Among these fundamental
principles, the power is denied "of suspending laws,
the execution of laws without the consent of the
representatives of the people," and the ri ht is
serted that the military Should be kept in strict
subordinaton to and governed by the civil power"
Here also it is solemny declared that general war
rants to seize any person, "whose offence is not
particularly described and supported by evidence,
are dangerous to liberty and ought not to be grant
ed" That no free man shall be put to answer any
criminal charge but by indictment, presentment or
impeachment" that "every man has a right to be
informed of the accusation against him. and to
front his and witnesses with other testmo
ny :" that no free man shall be convicted OF any
crime but by the unanimous verdict of jury,
And lastly that "eVery free man restrained of his
liberty is entitled to remedy to inquire into the
lawfulness thereof and to remove the same if I'M
lawful, and that such remedy ought not to be de-
MED or delayed"
Such are the strong and noble guards against op-
preston with which patriotic sires fenced the
personal liberty of every citizen of the State; and
greater degree of happy freedom no people ever
enjoyed, so long as these guards were kept sacred.
In process of time, our ancestors entered into
pnlitjcal and h1Eafna Subipct q
great degree, to another form of government, which
still continues. Now let US see whether they sur
rendered, in the new relation in which they placed
themselves, any of those priceless munments of
freedom. In all respects affecting personal liberty,
they are the same in the constitutions both of the
United States and Confederate States but quote
from the divisional arrangement of the latter con-
stitution
"The right of the people to be secure in their
persons against seizure, shall not be violated and
no warrants shall issue, but upon probable cause,
supported by oath or affirmation. Art. l, Sec 9,
cl. Is.
No person shall be held to answer for a capital
or otherwise infamous crime, unless presentment
indictment of grand jury, except in cases
arising in the land naval forces, or in the militia
while in actual service in hme,of public
danger. Nor shall any person be deprived ofliberty
without due process of law. Sec 8, cl. 16.
In all criminal prosecutions, the accused shall en-
Joy the right to speedy and public trial by i'm
partial jury of the State and district wherein the
crime shall have been committed. = And
to be informed of the nature and Cause of the &C
cuSaton to be confronted with the witnesses against
him, and to have compulsory process for obtaining
witnesses in his favor. Sec 9, cl II.
The trial of all crimes, except in cases fimpeach
ment shall be by jury and such trial shall be held
in the State where the said crime shall have been
committed" Art 8, sec. g. cl. 8.
Such are the guarantees of the inviolabiity of
freeman's person under the Confederate Constitu-
ton-concurrent in almost every particular with
those of the State Constitution, and repugnant in
none. Now it is manifest, LIST, that no citizen Of
this State, not in the army navy in the mill
tia while in actual service be conStitutionally
"deprived of liberty" without due process OF law"
which due process Is defined in section g. before
cited wherein it is declared that the people shall
be secure from seizure except upon warrant issued
upon probable cause, supported by oath or afir-
nation" 2. That every citizen not in the army,
&c, is entitled to speedy and public trial by
jury of the district and State wherein the crime is
committed.
That many of our citizens are now, and for a
long time have been denied these palplble consti-
tutional rights thus secured by two Constitutions
for nearly century, is as open and public as
day. Is it any apology that they have been arrest
/ ed by the military authority? Where is its war
rant for such a procedure2 Certainly it is not
found in either State or Confederate Constitution
If it may exercise this power, then vain cnd's
whistle is that emphatic declaration that the mill
tary should be kept in Subordnation to the civil
power. Did our ancestors of past age, OF our pa
trIots of this, intend to guard the person of free
man from seizure, without duo process, even by
regular officer ofthe law, the neighbor acquain-
lance, perhaps Of the accused and likely therefore,
as well as from his habits and official responsible
ties to be mild and kind in the execution of the
rest, and who would take bail if the offence would
allow of it and yet commit such power to the rude
| soldier, who, both stranger and blunted in his
sympathies for his fellowman by his profession ex-
hbits his musket for his warrant and takes for bail
only the walls of loathsOme Jail? II this be true
of our times, well may the citizen exclaim with an
eminent patriot OF the days of Charles I, 81 can
| live though another who has no right be put to
| live along with me: nay, can live, though bur-
| dened with impostons, beyond what at present
| labor under; but to have my liberty, which is the
soul of my life, raviShsd from me: to have my per-
son pent up in gao without relief by law, and to
| be so adjudged-O, improvident ancestors! O, I'M
wise forefathers to be curious in providing for
the quiet possession of our lands and the liberties
| of Parliament-and at the time to neglect our
personal liberty and let lie in prison, and that
during pleasure, without redress remedy If
this be law, why do we talk of liberties? Why
trouble ourselves with disputes about Constltu-
ton, franchises property of goods, and the like
What may any man call his own, if not the liberty
of his person.? l weary of treading these
ways" Grefs like this drove the people of England
W IeoelHOlJ anu ultulaIey hTuIlS iTOh Lue lnrOne
the famous habedS corpus act, the second Magma
Charta of that mighty Empire, which became the
inheritance of our colonial youth afterwards in
fused itself into Declaration of Rights and now
spreads itself over the mlst sacred page of our
Code. Proudly now do the English people look
back to their struggles against illegal commitments
by the power armed with the sword, and rejoice ip
the fruits of their noble maxim of liberty, that
public injury offered to the humblest subject is an
insult to the whole people
The apology commonly offered for such arrests
and commitments by the military power is, that the
privilege of the writ of habeas corpus is suspended
by competent authority. Admit, for argument, that
it is suspended over the whole State, and it would
excuse but grain of the wrong. This is clear to
the least reflection; and yet there is vague pop