Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1863-01-28


over under the rule.
The House resumed the consideration of the rev.
enue BILL and continued its consideration until the
House adjourned to 10 o'clock, Thursday morning
[Frsm the Salisbury Watchman.]
Suspension of the Habeas Corpus Act in Sails.
bury aud for ten miles around.
In the good year Of our Lord l2l5-six hundred
and forty.eight years ago, the sturdy barons of
England, sword in hand, at Runnymede, wrestci
from King John the Great Charter of liberty, which,
among other things, declared "that no freeman
shall DO taken or imprisoned but by the lawful
judgment of his equals or by the law Of the land
For ages struggling millions had groaned beneath the
heel Of despotism but light began to break the
tyrants tread was stayed when the barons asserted
their inJienable rights, and embodied them in
charter which is venerated by the lovers of personal
and civil liberty the very stone upon which
the magnificent temple Of freedom is erected. For
four hundred and thirteen years this charter was
/ the watchword of liberty, but "power is always
stealing from the many to the few" and il became
necessary to re-cnact and for:y The rights of the
English citizen. In 1923 the parliament demanded
and received from Charles | that celebrated law
known as the Petition of Rights, in which the King
bound himself "hever again to raise money without
the consent of the Houses never again to imprison
any person, except in due course Of law, and
again to subject his people to the jurisdiction of
courts martial"-By 16 Car. ], c. IL "if any per.
son be restrained Of his liberty by order of decree
Of any illegal court or By command Of the Kings
majesty in person, or by warrant Of the council
board, ne shall upon demand Of his counsel hare a
prit Of habeas corpus, to bring his body before the
court of Kings bench or common pleas who shall
determine whether the cause of his commitment be
just and therefore do as to justice shall appertain"
But Charles violated this right Of hsbeas corpus,
and the memorable Englishmen brough: his head to
the block
The common law of England, Uor the magma
charter is embodied in that law does not permit
the sovereign to suspend the habeas corpus act
This reserved to the representatives of the people
b alone in parliament assembled !" The parli.msat,
only authorize the crown, by suspending the
habeas corpus Act, for short and limited time, to
impr,son suspected persons without giving any
reason for SO doing; as the Senate Of Rome was
wont to have recourse to dictator, or magistrate
Of absolute authority, when they judged the rcpu5
lie in any imminent danger. In like manner this
experiment ought only to be tried in cases of ex-
IRENE emergency" With such caution spoke Chief
Justice Blackstone. lie regarded it as an "cxper-
mcnt" and incnlcated its exercise only in cases Of
Imminent danger" and then only 'for short and
limited time"
The Confederate Constitution says "the priv-
egc Of the writ of habeas corpus shall not DC sus-
pended Unless when in Of rebellion invasion
the public safety may require it" President Davis
has suspended this writ in Salisbury and for ten
miles around the town because Congress has given
him the power to do SO at his discretion. We do
not hesitate to say that the President has abused
power which has been rcckiessly conferred, and
wantonly exercised dictatoral ty rannica and often
sive authority over loyal and Eofcnsive people
We fear that eeil councillors haue got tho err of
the presidenk Men who commend themselves to
those in power by acting as lDnderers and pilnps,
and who keep out Of battle by impugning the 10y
atty Of men Of more patriotism than themselves
Goldlace men, whose OccupatiOn-like that Of
Othel'o's-would be gone if there we're no political
prisoners to guard.
say the power to suspend the Act was reck
lessly conferred in proof Of this let turn to the
debates in the Senate Of the Confederate Congress
On the LIST Of October, 1862, in the debate on Mar
tial Law, Provost Marshalls, &C., Mr.. Semmes, of
Louisiana, read from the Articles Of War to show
that they were framed exclusively for the govern
ment OF persons in the Army Of the Confederate
States, either officers or privates except in the
cases OF persons not residents of the Confederate
States, who may be found lurking about our fortff
cations. And ne took the ground that no citizen Of
the Confederate States, not member Of tho land
forces or of the. militia in actual service was sub
Ject either to martial or military law and cannot
be tried before military tribunal If citizen has
committed any offence he must be tried before
civil tribunal. He desired TO say publicly that the
law authorizing the President to suspend the. writ
OF habeas corpus was upon supposed sudden emer-
gency, passed tn h0ste, without ever hayina been
referred to the Judiciary Committee" Thus it is,
that an individual right of freemen is trl ed with
and trampled upon by Confederate Congress-
But we assert also that the President has abused
his power. There might be some excuse for the
exercise OF such power in the city Of Richmond
when in state d seige. There might have hcen
some excuse for it when Gen. Jackson defended New
orle'ns against the English, although our fathers
caused even him to bow to the majesty of the law,
when he was fined for his contempt to judicial an.
thority. But pray what excuse can be given for
insulting the loyalty Of the people Of Rowan, as Mr.
Davis has done We assert that the rebellion or
invasion spoken Of in the Constitution does mt e;st
| in Rowan-no not in North Carolina. Rnt there
! Is military prison in Sallsbury-yes, and there
was Bastile in France, and 1t is said that "a ma
tetres dc cachet were issued during what is termed
the mild reign Of Cardinal Fleury. Shall Wa MT
ness these sealed letters the arbitrary orders nr
vateiy issued by monarch for the imprisonment
OF airy person, without concern? It was IN conn.
teract such tyranny that the Constitution r;vcp ,s
by our fathers declares that sin all criminal nose
cutions The accused s4uu enjoy the right to .eeeIu
and Puottc trial-be informed of the nature and
cause OF the accusation-be confronted with fhe
Witnesses against him compulsory process FOR OBJ
tanning witnesses in his favor and have the ass;s
lance OF counsel for his defence" Can ;,;san If
the State, be be guilty or innocent obtain sneeiv
trial when denied trial At ailgs Can he Obtain he
assistance of counsel when debarred any commnni.
cation with any person except the keepers az the
bastile2 II does seem the peaceful locality Of Sals
bury is Of All Others, the place where the inmates
OF prison could be taken out and examined. tried
witnessed for and against and if found pniifv@ re