Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1863-03-06


By the same authority however, the President can
(although do not wish to intimate that he would
J exercise it'll declare martial law and suspend the
writ on the top of the Pilot mountain and ten miles
! around; in Raleigh, and ten miles around and in
every place in like manner until the whole State is
covered with martial law, and the writ OF hdbeds
corpus suspended throughout its entire jurisdiction.
Did they propose that the whole State should be
covered with Bastiles? Or, on the other hand, did
they intend that one Bastle should cover the whole
State? Did they intend that the suspension Of the
writ in one locality should operate its suspension
Throughout our borders? Yet this is its effect
Citizens arrested in distant places by the mill
tary authorities without warrant without notice OF
the cause Of their arrest and hurried within this
circle, where law, and right and justice are denied
them, and the sovereignty of the State has as yet
been pOwerleSS to protect or rescue them. 1t mat
tiers not who these men are whether they are the
poor men who buy bushel of salt from the enemy
for their starving families while the hundreds who
do larger business with the enemy are permitted
to go Free rejoicing in their gsins they are emit
tied to the writ to examination, to release, or
speedy trial by jury, before the proper tribunal
The question of the jurisdiction Of the State courts
in cases of unlawful Imprisonment OF its citizens,
by whatever authority, was settled long ago; and
it is the duty of the State to that the arisdc-
ton is preserved and the writ obeyed 1t is no an
swer to say that perhaps the President is not
aware of these abuses. 1t is the part of wisdom TO
ferior Nor is it any answer to say that these
things will be remedied without our interference
that the Confederate government will attend to It.
l. know not that hope it may. But know that
the evil and the wrong exist anu IN my opinion
they call for decided action. Are we a sovereign
State, or not?
But, Sir, it is contended that, admitting that this
is violation Of law, and hardship We must sub
NIT to it a military necessity. There are evils
incident to war, to which we must per FORCE sub
NIT. deny there is any necessity here L am
one Of those who believe that there is, and can
be no necessity for sacrificing any of the great prIn-
ciples OF liberty, more especially this most sacred
one, while We are fighting for them ALL If So /; is
a sad commentary on this revolution. But when
suggestion Of this sort is made become nervous,
sensitive and weak in the knees NOtSo, our Eug-
fish ancestors; not SO own fathers. Chancellor
Kent did not hesitate, during the war Of 1912, to
direct an attachment against General Morgan Lewis,
III command of division the UnItcl States army
at Sackels harbor for an evasive return to writ is
sued in behalf of citizen in his custody, under
charge of>tredson. On that occasion Judge Kent
used this language:
:" The only question that can be made, is whether the
motion for all attachment shall be granted, whether
There snail BE- only rule upon the party offending, 10
show by he fist day OF term, why attach
ent Should not issue. Its the Indispensable duty of the
Court, and one 10 winch every inferior nsi ration must
be sacrificed a faithful guIrd n o the personal
the means provided By law for its securty One Of the
NEST vau2b be Of those Is this OF ha6eIs corpus
which las justly been deemed the glory "f the English law
That was spoken Ike man. 1t is an uttcrance
which the Legislature of North Carolina ought TO
make to the Confederate Government anu the world
Judge Kent compelled obcdisnce to the writ GS
General of Division OF the United States army. We
hesitate to compel obedience t. it by u Captain in
the Confederate army, and remain STILL lStleSS I'M
while he sets the welt at defiance With iuI
punity.
Sir this plea of military necessity, or State ncccs
Sty, which, IN time of war are nearly Synony nOuS,
is no new thing in TIE history OF mankind. 1t has
been urged everywhere and At all times to Justify
meditated uSurpatOn. 1t is the favOure plea under
~H--[ sS-S"T~~'."'A SAi.vnrIoL IL ala lla-
upon which unlawful impriSOnments were made,
general warrants issued, arbitrary endorsements
made and the best blood Of England sacrificed prior
TO 1859 Upon it the privilege of the writ OF hnbeas
corpus was either suspended by the Crown, or de-
prved Of its efficacy by sercHs Judye& though it was
the right OF EnSIlshmen secured by the great Char
ter. In later times in France it was held u Justify
the destruction Of the royai family Of MaleSherbes,
Madame ROLAND, and all the atrocities of the guillu-
tine. Under it R)bcSpierre sent the noble spirits
OF the Gironde to the block The rivers of France
were filled with victims, and over million Of her
people persisted upon this pretext Of necessity
Was there any necessity? Sir all history mas pro-
n0unceI the pica to be bad, and has declarcdIt to
be the plea CT tyrantS the world over.
Bat ii is said Mr.. Speaker, that we have diSloyal
and traitors among US and that If set at lber-
ty they may betray armies and enianger the
cause Of Independence. Granted that We have such
men let them be tried, and if guilty, punished |
am not their advocate, and have no clients among
those who are now imprisoned upon the suCges' ion
of diSoyalty or treason. But who are thcYy Some
fifty men in ALL We are told, who are citizens of
North Carolina, arrested IN different parts of the
State most OF them poor, ignorant without concert
without influence or strength. Nor does it follow
that because they have been arrested they are gull
ty. Is it for this that you allow the privilege of
the writ of h6ers corpus TO be suspended all over
the State and make the civil subordinate to the mill
tary power? Is it for this you allow to DC done that
which in England at any time since 1859, would
have shaken the kingdom profoundly did the im-
priSdhment of john Hampaen? Is it for this that
chains are forged and prisons erected inpenetrable
to the highest, most remedial, and most pervaling
writ known to the land?-and this too when men pro.
feSs to the cheering indications of speedy peace?
VIII they endanger our cause? Was there ever
people more united than ours? Sir, during the war
OF the Revolution there were thousands Of dISloyal
men in North Carolina not isolated, and dottinC
the surface of the country here and there but band
ed together, and in arms against the State, vet
North Carolina, to her credit be it said never sus.
pended the privilege of the writ Nor was this
STATE Gf affairs confined to North Carolina Have
we any greater of dependency than our fathers
had in that Seven Years War? Have we seen any
darker hour than Washington saw at Valley Forge
Yet Washington was always obedient to civil law,
and there was no suspension of the writ. And |
believe Sir, that the privilege of The writ has never
been suspended in this country except IN Massachu-
setts at the time of Shays rebellion. 1t is not too
much to say that this prctext for subordnatng the
civil to the military power, is too shallow for argu-
ment
LIE! me be not misunderstood l make and have
made no attack on the army. have as much admira-
ton for it. and high appreciation for its gallant
deeds and Sacrifices and have expressed it here,
if not so often, as earnestly any other Senator
But believe Sir that the army while fighting for our
independence in the field expects US to do what we
can tor the maintenance of civil liberty at home
And if we yield up our citizens to a usurped mill
tary jurisdiction if we fall through any remssnesE
Of ours to assert the supremacy Of the laws, and to
provide for their certain execution to the end that