Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1863-05-07

unless The existing invasion REBELLION, lii cur scoe
iudme II rraens the f;st principles OF the naflona
compac aid The Constitution itself In other words
we can o. Is act in tlis with view 10 natlona
sefprfs ,raiicn We o-n suspend the writ OF shdoed
co, pus oy in OF RENE emergency that aions
is satus popuii which will justify this fe1 Sup'e"H Ane
ia this crisis of such awful moment ls IL necf ssary
at this tine 10 tcrstitutea dictatorship, 10 save INK
people r IT,, mstIVes, TO take care sha' ne he
:, public shsI rtc,iee fetrlment Dat ~ 'he PRO
position To crate single DICTATOR ~ III anc'eh
r ,nc in yhf III, all power shall be vested for time
No TO cri ate one great Dictator, and multi uie al
army OF subalfern AID petty drspots; TO lLVes, no
only the Preside ut of the United States but ne GOV
ernora of States and Ttr.orcs and INDEED, all per
sons DE- irving civil military authority from lbe su
preme Executive, with unlimited end 1rrst Onsiblt
mower over the persohai liberty ct your cItlz7ns
By provisions OF the famous statue OF Charles H.
which has even been called second magma ctGsta ite
privileges are guaranteed to all British subjects at al
times An eminent English author, aud the most pc
puar writer upn subiects legal scer considers lis
Suspension IT, suspension Ct liberty itself declares
that the ought teVfr Ia be resorted TO but IL
OF extreme emergency and says tha: the nation
then y rs with s fires doe tor short and limited time
only to resume and secure it tor Hence. he
paree The suspension CT the hd6sas corpus Act in Great
Britain to ii dictatorship of the Roman Republic.
Dir. EPr&s. BY this bil we are called upon to ex-
ercse Of the most important powers vested in Con-
| gress by the Constitution OF tie United States A
power Which sUspen the personal rights OF your citi-
gems which pIac heir liberty wholly under the will,
not OF the Executive Magistrate only but OF inte-
rior tfces. VI the mpf r'ance OF this power of the
caution which ough to- BE- employed IN ts exercise the
words the Constitution afford Irresistible evidence
The words of the Constitution are he privilege OF
the writ U hdbeas corpus shall not be suspended unless
when in c4sFs reheliOo INVASION the public safe
~ NAV require it,. he wording OF this clause OF the
Cunsli deservts peculiar attention. 1t is not in
every Ut nVion, III every cAfe OF rebellion,
that he txercise OF This power by Congress be
justified under the words of the Constitution The
words Of the Constitution cnfne the exercise o this
power exclusive " to OF rebellion or Invasion,
whsre The public safety quFes it.
". H. inGed may The ution have been used as to
the exercise thus importa power 1t is in free
country the most tremendous power which be
placed in the hands tf gielaive body 1t suspenes,
at oL c. the chartered rights of the community, and
places even those who pass tie Act under military des
potism
Mr. R. NELSON. What is writ of habeas corpus !?
it il writ directing certain person in custody to be
brought before tribunal Of justice, to inquire into the
legality Of his confinement If the Judge is OF opinion
that the confinement is illegal the person will OF course
be discharged if on the contrary, from the evidence
he shall be Of opinion that there is sufficient grounds to
suspect that he is guilty of CT ncA he will not be dis
charged. Now to me, appears that this ls proper
aud Necessary Wer to be vested III our Judges, and
that suspens OF the writ OF t06eGS corpus is, 10
all Cas- es improper. II is taken up and is de-
MED an examination befOIe Judge or Court, be
may, although innocent III this case continue to suffer
confinement, This 10 my opinion i dangerous to the
liberty OF the citizen.
This precedent let NE tell gentlemen. may be ruin
Gus, may be most damnable precedent-a pre- cedent
which, bert after may be most hagrantly abused The
Executive may wish TO make use OF more energetic
mea than the established laws OF the land enable
him to do; h" will reaort to this es precedent, and
this portaut pr vege will be suspended at the small
est appearance OF danger. The effect will be, that
wherever is at the head OF cur affairs, who wishes
to Cypress wreGk his vengeance on those who are
0ppos to him, he will fly to this as precedent lit
will truly lie precedent iraught with the er, dan
ger precedent which ouc ht not to be SET, kept in
Of the Grta est Lecessity indeed, can hardly
contemplate case in which, IN my opinion, it can be
necessary.
Ia MY opinion, this is q measure which ought never
to be proposed, unless when the country is corrupt
that cannot even 1ust the judges themselves This
consider the Of TIE frequent suspension If this
privilege n England WheLever the whole mass tf
socet! becomes contaminated and the tthceIs nt the
Judicial Court so lar corrupted to c)unetA zee
rebellion, aud release rebels from their coLhuement
may be then time to say, they shall longer remain
in y, ur haLds we will take them from you. "
MIR. john RANDoLH OF Roanoke. Soma gentlemen,
to whom have listened with considerable qualification,
tell that out OF respect to the other branch ought
not ct this time 10 re CT the bill. |, however feel no
such ect this ccasiGn, and shall express
On the contrary am irre declare, that when
ure, tending impose burden the people, or to
detract from the privileges OF the cit Z3n from
The inequality Of the representation in that brauch the
long tenure OF Cfte, and The custom with which they
are so familiar o conducting their proceedings con-
Glaze (he House will reccliect how long it after
the adoption of the Constitution before the public could
get admission into their tEopeony gallery render all
their pre- eeedBgs touching the public burdens the
liberties of the people, highly suspicious. And to say
the truth, Tot at all surprised that they did close
their doors this occasion, that they might Re
der he inspection OF the pubic eye, while they
passing II bill the table. say So bacauee | am
willing to abide by the good old principle OF Judging all
men by myself; and if | had introduced such BILL
should have been glad my did not appear the
Journals, that tie public might Lot know whom they
we're Indebted for such precedent.
There is another consideration which renders this bill
highly Objectionable. | consider the case as now at
issue, whether tie United States is under military or
civil government, or, in other words Whether the mill
tar government is subject to the civil power the
civil authority to the military conceive that case
has occurred, in which the military has lot only usurp
ed the civil authority but IN VIII it has usurped moth
ing short OF omnrotent power and l consider this
bill calculated to give a softenng and smoothing
over to this usurpaton and this ground cannot
assent to It. Suppose this bill either piss to
pass, what has been the practice under the Consti
tion By the exp resson under the Constitution, do
not mean conformsby TO it. Men have been taken up
by military tribunal and have been transported
trary to law / say transported, for if a be
transported from the district where the offence with
which he is charged committed, be may also be |
deported to Cayenne or transported to Botany Bay
And even you yourself addressing the Speaker, such
acts be sanctioned by this BILL in your passage from this
House to your lodgings may be arrested put board
vessel aud carried withersoever the military auhori
ty may choose, To this will never give my consent
1t has been very well remarked by my colleague, that
this is not the first in which instruction has
occurred in the United States bat that it the fret
IN which an attempt has been made to suspend the