Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1863-02-04
. The 8. Great Writ of Risht.''

The - Great Writ OF Right"
Wehave the pleasure Of laying before our readers
to-day, an able and eloquent communication over
the signature Of Dapie the subject Of the "great
writ 6. light" the habeas corpus. The writer is
thofoughly informed on the subject, and his DEM
onstrations founded on the Constitution ITSELF are
as clear a. . sunbeam. Read this communication,
and then hand it to your neighbor:-
For the Standard.
AJrsqrent recurrence to fundamental principles Is
0osetvtetg necessary to preseroe the 6Eesssngs Of
tt06FH. DECLARATION OF RIGHTS, Sec. IL.
Such is the warning of our ancestors, when, in
the midst Of war from abroad and civil strife at home
they proclaimed for themselves and their postcrty,
the great principles of freedom which constitute our
Declaration Of Rights Among these fundamental
principles, the power is denied s. of suspending laws,
or the execution of laws without the consent of the
representatives of the people," and the right is as
serted "that the military should be kept in strict
su6ordination 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 right to be
informed of the accusation against him, and to con-
front his and witnesses with other testimo
n.y." that " no free man shall be convicted of any
crime but by the unanimous verdict of jury
And lastly, that "every free restrained Of bis
liberty is entitled to remedy to inquire into the
lawfuness thereof, and to remove the same if un-
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 our 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, ancestors entered into new
political engagements, and became subject, in a
great degree, to another form of government which
/ still continues: Now let US whether they sur
rendered in the new relation in which they placed
themselves any of those priceless muniments of
freedom. In all respects affecting personal liberty,
they are the 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 /, sec. 0,
cl. Is.
No person shall be held to answer for capital
or otherwise infamous crime unless on presentment
or Indictment of grand jury, except in cases
arising in the land or naval forces, or in the militia
while in actual service in time of war or public
danger. Nor shall any person be deprived liberty
without due-process Of law. Sec. Q, cl. l6.
In all criminal prosecutions, the accused shall en-;
joy the right to speedy and public trial by an i'm
partial jury of the State and district wherein the
crime shall have been committed y And
to be informed Of tho nature and cause of the ac-
cusation; tobe confronted with the witnesses against
him, and to have compulsory process for obtaining
witnesses in his favor. Sec. 8, cl. IT. .
nsn shall G. y a1y sns sacH Sc fsd
in the State where the said crime shall have been
committed" Art g. sec. 8, cl. 8.
Such are the guarantees of the inviolabifity of
freeman's person under the Confederate Constitu-
tion-concurrent in almost every particular with
those of the State Constitution, and repuguant in
none. Now it is manifest 1st, that citizen of
this State not in the army or navy, nor in the mill
tia while in actual service, can be constitutionaly
"deprived of liberty" without due process Of law"
which due process IS defined in section Q. 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 affir-
nation" Q. That every citizen, not in the army,
&C., is entitled to speedy and public trial by a
jury of the district and State wherein the crime is
/ committed
| That naany of our citizens are now, and for
long time have been denied these palpable consti-
tutional rights, thus secured by two Constitutions
for nearly century, is as open and public as noon
day. Is it any apology that they have been arrest
ed by the military authority? Where is its war
rant for such procedure? Certainly it is not
found in either State or Confederate Constitution
Ifit may exercise this power, then vain cnild'A
whistle is that emphatic declaration, that the mill
tary should be kept in subordination to the civil
! power Did our ancestors of past age, or our pa
trots of this intend to guard the person of free
man from seizure, without due process, even by
regular officer of the law, the neighbor or acquain
tance perhaps, of the accused and likely therefore,
| oil hal
ties to be mild and kind in the execution of the
rest, and who would take bail if the offence would
allow of it. ant. yet commit such power to the rude
soldier who, both stranger and blunted in bis
sympa:hes for his fellowman by his profession ex-
hibts his musket for his warrant and takes for bail
only the walls of loathsome Jail? If this be true
of our times well may the citizen exclaim with ain
eminent patriot Of the days Of Charles I, ~ can
live, though another who has no right be put to
live along with me: nay, can live thoogh bur-
dened with mpositions, beyond what at present
labor under; but to have my liberty, which is the
soul Of my life, ravished from me: to have my per-
son pent up in gaol without relief by law, and to
be so adjadged-O, improvident ancestorsi o, an-
wise foreSathersl TO be so curious in providing for
the quiet possession of lands and the liberties
of Parliament-and at the same time to neglect our
personal liberty, and let US lie in prison, and that
during pleasure without redress or 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? am weary Of treading these
ways" Griefs like this drove the people of England
to rebellion, and ultimately wrung from the throne
the famous ha6eas e0rpss act the second Magma
Charta of that mighty Empire, which became the
inheritance Of our colonial youth, afterwards in!
fused itself into our Declaration of Rights and now
spreads itself over the m ,st 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 in
the fruits Of their noble maxim of liberty, that .
public injury offered to tho humblest subject is at
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 ha6sas corpus is suspended
/ by compstent authority. Admit for argument that