Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1863-05-05
For the Standard,
WHO IS RESPONSIBLE FOR IT?

For the Standard.
WHO IS RESPONSIBLE FOR IT
Mr. EDIroR:-Much has of late been said about
the Military Prison at Salisbury in this State the
manner of arresting and conducting prisoners thlth-
er, and their treatment while there. 1t is quite
apparent to every thinking and impartial mlnd,
that there is no foundation in the Constitution or
laws of the land for the establishment OF such
Military lnquSition and it is as equally clear that
the system of military arrests and Imprisonment as
praciiced in North Carolina under the sanction OF
the Confederate government is utterly VlolatVe OF
some of the most sacred constitutional and natural
rights of the people Of the State. Perhaps, the
deSpotsm of the Grand Sultan, even the more
hateful tyranny Of Lincoln, himself does not fur.
nish more terrible instances OF an utter disregard
of the laws of humanity and of those principles Of
natural right upon which are based our civil polity
and our liberties
Without lawful warrant or authority, sometimes
without even probable cause, upon mere hearsay
or suspicion our citizens while engaged in peaceful
avocations, are bounced upon by secret emlSsaries
aud armed agents Of tyranny as desplcaole almost
as that of the old Spanish Inquisiton, and frequent
" without being permitted SO much rs to bid fare
well to family and friends, to obtain necessary
change Of clothes, are dragged of to Salisbury,
where as learn frcm well written article in your
last weekly, they are incarceratcd IN loathsome
cell to remain twelve orfiteen months, Tor longer,
if the Infamous officials in power so detern'neO
without even being charged with, much less proved
guilty Of any manner of crime whatever. And when
charged and this be it remembered, only on hear
say suspicion, what is the usual character OF the
chargesg Why, Sir, il the article in your last is
TO be received authority, they are charged with
no offences cognzabe either by Courts civil or mil
| i:ary-that is if the law be'pursued. One man IS
! charged with being suspected of being Union
man another, with being dangerous fellow; and
! third, for aught knew TO the contrary, may be
charged with wearing blue or black instead of grey.
Z mo Of al abOut
the lines BY the military, without the usual forufu-
Ia Of civil cases, is doubt right which is and
ought to he necessarily incident to well governed
army. Common safety demands it, and it.is allow
! able only because the common safety may be jeop-
| ardized by the delays and publicity attending ar
. rests in the usual way. But | apprehend it will
not be pretended by any honest, independent man,
acquainted with the laws and spirit Of our system
! of government, that this power extends beyond the
7 immediate neghborho0d of the army or can be
egitimately exercised at large throughout the State
upon persons engaged in civil pursuits far removed
from the of action. And in no case can one
be rghtfully held to answer for mere opinion
The day has passed when it considered treason
barely to imagine the Kings death, when it was
held nd.ctable in England TO wish that stags
horns were in the Kings belly. Now, it takes acts
to constitute treason, and acts to justify arrest
But not fast travelling back to the times Of
the james and the Charles? Are no: words and
opinions to be accounted for underline late system
oil lnlilSS! LOOK AT the powers Claimed LOT tue
military under the pretended authority Of necessity
and of martial law. In theory the military is in
Subsection to the civil powers; but how is it in
practice? Stands the great writ Of Rd5eIs corpus
. as fixed under William, Prince Of Orange or as
, left by The infamous James 2
! Bat, Mr.. Editor, my object when | began this
! communication was not to inquire into anu expose
these evils in erteRSO but to ascertain who is re-
sponsble for them. Evidently, the War Depart
ment of the Confederate States is responsible for
their establishment and in the main for their con.
tinuance; but can | be forgiven Mr.. Editor, and
my motives rightly understood when say that
to me it seems that excellent Governor is to
some extent answerabe for the continuance of these
abuses in North Carolina Not directly-not will
lingiy, pcrhapS-but tacitly by permitting them.
| am sure would not say word to injure the
! Chief Magistrate, whom | greatly respect and for
whose election, |, in my humble sphere labored as
hard and prayed as ferventy, and over whose over
whelmlng success | reoiced rs heartily, perhaps
as the oldest personal friend and acquaintance
which he may have IN the State but the best and
wisest of us are liable to err, and have thought
that the Governor, from a commendable apprehen.
sion that the great cause in which we are engaged
might be injured by it. or that North Carolina, so
often abused and slandered might be represented
as again in "colftet 'oith the ContSderdcy," has
quietly permitted this deadly Upas to grow in our
midst, until it is poisoning the very air which we
breathe, and some of best citizens are falling
victims to its deadly influence
| Without the consent of North. Carolina could the
Confederate government erect their baStles in our
midst? Without her permission can it continue
themH Surely not The Governor, under the law
to all local territorial matters is our highest X.
ecutive officer. The soil, and whatever aOpertans
to it, are under the peculiar jurisdiction of our
State goternment. Without our consent no light
house, marine hospital, military prison, or other
national cdlhce can be erected or continued on our
soil. The Governor is not in theory merely. but
practically the COinmanderin-chef of our military
and unless he under authority of the Constitution
and laws, temporarily transfers to the general gov
ernment portion of her militia for the purposes of
common defence, he only has the right to order
them under military arrest or to imprSon and pun-
sh them within the limits of the State for violation
of the law except indeed in of alleged violation
Of the laws Of Congress, and where jurisdiction is
expressly given to the Confederate courts In 9TH
CT words, | maintain that the Governor under the
authority Of law has transferred large portion of
the military forces of the State to the Confederscy
The military government of these troops is, for the
time being, rghtfully IN the Confederate govern
ment The remainder of our military force is re-
served at home with the balance of the people
| Over these the Confederate government has no
rjghLiul military control except they be within the
lines ofthe Confederate armies in such near prox-
unity as TO make it necessary, as matter of safety
that they should become subject to military law
These citizens the general government has right
TO arrest, imprison, or punish under military law
| without the consent of the proper authorities of
North Carolina 1t has no right to keep up a mill
tsry prison at Salisbury, anywhere else in North
| carolina And neithenthe Confederate government
nor any other government upon this earth, has the
right to Ill such prison with the free.born citizens
Oh NoTth-Carolina without warrant without charges
ana with no other foundation than mere suspicion
having no such right, it is not only wrong to ex-