Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1863-01-30

though the accused was not in the army or navy,
nor was of the militia at the time ofcommitting the
offence So far as precedent has gone to expound
the nature IF Suspension of the writ as contem-
plated by the Constitution, it utterly rejects such
an absurdity The only attempt ever made by the
federal Congress u suspend the writ was in 1907.
The bill for that purpose which passed the Senate
only suspends the WI it in all cases Wkere persons,
hGUing been charged ',nD oath" NTH offences en-
dangering tho peace, safety pr neutrality OF the
United States shall hGoe been ARRESTED Imprisoned
by Oirtue of q WARRANT from the PreStdent, q 6ou-
ernOr or person acting under the President
The power therefore, to suspend the writ does not
Affect in the least, the other guarantees Of personal
liberty. 1t is palpable, then, that an order given
by military man to seize the person of freeman,
not OF the army, &C., without warrant and probable
cause supported by oath or affirmation is void and
involves a gross violation of the oath to support
the Constitution which, if executed, subjects the
actor to civil action, and, with or without execu-
ton, justly subjects him to courtmartial, much
as quartering soldiers in time o. peace onprivate per-
sons against their tits equally papable Also
that if the commitment be regular, the accused is
entitled to a speedy and public trial; and whatever
power interposes to prevent it is guilty of breach
of official duty. In my judgment it is the duty of
the Judge to seek to afford such speedy and public
trial But alas it is said that such prisoners de-
mand Tor trial cannot be heard beyond the walls of
their confinement Their mouths are dumb
SteSdT > WOuuuSj YET II IDey COulQ speak out WneTe
the official ear is not closed against the walls of
grief perhaps they might win the sympathy of
power, and once more embrace their families or be
allowed to weep over Che graves, while yet they are
fresh, of the loved ones who have died in their
absence.
The duties of charity forbid US to believe that the
President is acquainted with the practical operations
Of the military despotism which now pervades the
land. Unwilling to override and PROSTATE the
guards of civil liberty throughout the State, he
confines the suspension to area of small extent,
in which the military prison is erected. Over this
small spot waves the black flag of martial law, and
all the rest of the State has apparently the sun
shine of freedom resting on its bosom. Alas !! how
deceptive. Behold how it is managed! The mill
tary go abroad, and without warrant or probable
cause, supported by OATH they seize their prisoners,
and with all possible speed. convey them to this
place. where the law is dead and the sorrows of
captivity fall on walls of stone. The arrested are
not allowed to stop on the way where the writ may
reach them, and their cause may be heard but are
hurried at whatever inconvenience to them Just as
they are caught up, sometimes half clad, without
permission to bid adieu to their wives or children.
In this plight they exiled from their rights of
citizenship, and cut off from every tie that human
ICES mankind.
OF what avail is it, then, to tie citizen that the
suspension should be confined to one small spot, if
he may be picked up any where and spirited in a
few hours to the fatal place? The Governor of the
State, knowing of these outrages has invoked the
counsel and aid Of the guardians of our liberties
What they may advise or do, know not. 1t was
said by the advocates of the habeas corpus, in the
reign Of the first Charles that there is not any spirit
so erect and independent as not to be broken by the
long continuance of the silent and nglorious suffer-
ngs of jail" hope that in after age it may not
be said of this body that they took warning of this
TRUTH and sought by tamely allowing the inglorious
suterings of others, to escape with unbroken spirits
! themselves.
If they have not the courage to demand as free
men, freemens rights, let them become suppliants
for women and children cruelty separated from their
! husbands and parents. Let them march in a body
in humble procession to the footstool of power and
beg in the name of the broken hearted and helpless,
speedy trial or enlargement on bail. If the SOW
ereign be himself free and brave man, he viii
accord to their prayers for the weak and forlorn
what he might we'll deny to their pusilanimty, but
had freely granted to their courage. With the
father of his country, say, born in land of
liberty carly learned to appreciate its blessings"
and with the distinguished patriot of the reign of
Charles /, II am weary of treading these wavs."
DAVE