Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1863-03-06
Gkt 9tan6ar1.
OF MIR. WARREN,


Mr.. SPEAKER: Some days ago indicated my
purpose to offer thisamendment (which is the orig
ina bill offered by at the last session. to the
bill introduced by the Senator from Orange, (Ar.
Graham y but as he was then absent on necessary
business the subject was postponed. offer it now.
do it, not because wish to embarraSS his BILL Tor
think it ought to pass, but do it because think
the amendment ought also to be adopted, and that
all our legislation on the subject should be COM
priSed in one act.
have no concealment of Purpose as to this
amendment. The violations OF law and disregard
of the rights of the citizen of which we have occa
sion to complain are attributable mostly to one class
of men-men in the military service. The amend
meut recognizes the fact, and provides remedy,
better, think than any proposition that has been
before US for the existing evil.
II is the duty of sovereign State to protect its
citizens in their rights-not its citizens nadSSe
only but each indivdual.citizen. Government be-
ing instituted for the benefit Of the people, this is
its most imperative duty, next to that of maintain
ing its own sovereignty. For to the extent that it
allows its citizens to be deprived of their rights, to
the same extent its own sovereignty is intringed
and abated And among all the obligations of the
government to the citizen, there is more bind
ing than that OF protecting and SECURING him from
all unlawful arrest and Imprisonment, no matter
from what authority, pretence of authority they
proceed These propositions, l imagine, cannot be
con;roVerted Civil liberty cannot be stricken down
in the person of one man, without being stricken
down in the persons OF all.
1t is said, Sir, that have nothing to do with ar
rests of citizens by the military authorities at least
where martial law has been proclaimed and the
privilege of the writ of hGbeaS corpus declared SuS
pended by the President of the Confederate States.
1t seems be conceded at any rate not denied, IN
the argument here, that the act of Congress- under
which martial law was proclaimed, &c, tire prlvl-
lcgc of the writ suspended in Salisbury and ten
miles around is valid and that the exercise of power
in this instance by the President under that act
pro- er and expedient 1t may be presumptuous in
ME to question the constitutionalIty of an act Of
Congress, passed By know not how large ma or-
ity approved by the President generally acquieSced
in and not hitherto denied TO be valid in this As
sem'rly But am of opinion that 1t is null aud
void-that it has neither binding efficacy nor re-
spe,t table excuse; and know Of no reason either
personal to IN SELF affecting the public interest
which should make me hesitate to declare that opIn-
ion.
The act of Congress of the 18th of October, 1862,
is in these words:
That during the present invasion Of the Confederate
Sis the President shall have power TO suspend the
ier Of the of kaGedS corpus in CITY, mill
rary district whenever in his Judgment the pc safety
may require it; but such SUSPENSION shall apply only to
neI', offences against the same.
The provision of the Confederate Constitution is
precisely like that Of the Constitution of the United
States: The privilege of the writ of hlbeas corpus
shall not be suspended unless where in of re-
beon invasion the public safety may require it."
Now, Sir this is IN that part of the Constitution
winch enumerates and restricts the powers of Con-
gross. 1t is restriction upon the powers of the
I-.,'-letivA denartmept of the government. Where
Is, It was supposed that without an Inhibition, Con-
gross might suspend the writ pleasure, the power
is limited in Its hands to the Specified cases of ere
bellion" and invasion" 1t is limited further by
the words I" where the public safety may require it,"
Sine the Bill of Rights in 1859, it has never been
understood in England or in this country that any
authority but the Legislature had the power to
pend laws the execution of laws. The Bill Of
Rights is part of the chartered liberties of Amer
Cans and is our brth-right, whether incorporated liz
any constitution not. All power of SuSpenliug
laws or the execution of laws, by any authority
without the consent of the representatives of the
people, is injurious to their rights and ought
b. exercised"
Now Sir, | maintain that Congress canno. dele
gate to the President the power to suspend the
p,iyiege of the writ Of haJeaS corpus whenever
in lis Judgment the public safety may require it
The assumed right of delegation has no foundation
either in principle, authority or precedent In the
Convention of 1877 the States of North Carolina,
South Carolina and Georgia voted unanimously
against giving Congress the power to suspend the
privilege of the writ at all Luther Martin of Ma
ryiand voted with them. To abdicatc this power,
expressly vested in Congress" in favor of the
Executives power thus regarded as dangerous
even Rhen exercised by the Legislatures-to leave
it to his discretion to exercise it wherever and
wherever I" in his judgme the public safety may
require ito give him absolute control over the
personal liberty of the CitiZen-tO allow him to ar
rest and incarcerate citizens without oath or var
rant and therefore without cause, is to surrender
our most valued rights to the keeping Of one man,
and is a approach to arbitrary power. 1t is
anomaly in legislation, and is repugnant to our
free systems of government Ii is also repugnant
to that provision of the Constitution requiring war
rants upon probable cause, supported by oath or
affirmation There is no clause in the Constitution
to which the maxim, ancient as the-civil law itself
"Helegata potestas protest. dslegari" applies
with more force than that respecting the privilege
If his aorit of right And Congress must be the
sole Judge of the occasion for suspendng it other
wise Congress ignores its own functions and merges
its own jud sment. On this question, Sir, have
authority. read from distinguished cummenta-
tor on the Constitution:
1.-THE right to suspend it (aJsqs c0rpgs is expressly
cooned to cases of rebellion or INVASION where the public
safety may require it. very just and wholesome
straiih which blow fruitful means of op-
prcssion capable of being abused in bad times to the
heen authorized by Congress since the establishment of
the Constitution. 1t would seem, the power is given
Congress to suspend the writ of ha5Is corpus in
rebellion or INVASION that the right to judge whether
exgeney had srsen must exclusively belong to that
bIdy."-ES0rH Uoy, Page 203
will remark in passing that in note to this
passage Mr. Jefferson is stated to have said that he
was "in favor of the eternal, unremitting force of
the habeaS corpus laws" 1 believe, Sir, there is
authority opposed to that have cited There
is no precedent for such delegation of power. In
fact the privilege Of the writ was never attempted
to be suspended by Congress- except in the time of
Burr's conspiracy. 1t was believed to be case of
great emergency, and the BILL which will read
passed the Senate of the United States:
Ths in all where any person or persons CHARGED
81 e1th 9th treason other nigh crime ianelnSr
sudangerng the peace safety neutrality of the United
States have been shall be arrested or imprisoned by
SSe OF any warrant authority Of the President of the
United States OF from the chief Executive Magistrate of
any State Territorial government or from sov naron
acting under the direction authority Of the President of
the United States the privilege of the 4qls cor
shall be- and the hereby suspended for aa d
ring the term of three months from and after passage
of this act, and no longer"
G This bin was rejected by the House of Represen
Hafiu 49, g I o