Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1863-03-10
The Writ of Habeas Corpus.


character, we advance with some diffdence, viz
That the suspension of the privilege of the writ of
haJeas corpus spoken of in the Constitution of the
Confederate States is suspension Of that privilege
only so fur as it depends upon Onfederate States
legislation and Confederate States Courts and
Judges Therefore, that Congress itself cannot sus-
pend the privilege of Chat writ so far as guaranteed
10y State laws The words OF the clause are, "The
privilege of the writ of ha6eds corpus shall not be
suspended unless when in Of rebellion or in
vasion the public safety may require it." Mr. War
rem has made it clear, by reference to the princi-
pies of liberty which have inherited from Eng
land that revolutionary forefathers had no toll
Grafton for any suspension Of taws excepting by
the representatives who enacted them; and his
corollary-that those representatives cannot COM
NIT discretion as eeHime and place of suspension
to another department of the. government is well
drawn from his proposition Is it not equally clear
that any suspension of laws must be made by those
who representatives al idem with those who
enacted it2
We are informed that there two sorts Of writs
Of hdbeaS corpus known to our system of govern
ment to-wit: State writ and Confederate States
writ The Confederate States writ is applicable 20
cases in which the confinement is not by process
under the State laws, and the State writ is applca-
bic to cases Of confinement not by virtue Of the laws
of the Confederate States. 1t will be that to
large class of arrests-indeed to the only class Of
which there is any cause of complaint at present
we mean to made by officers of the State, or of
the Confederate States ithout luto both classes of
writs are applicable. What arrests made NTH
out lao has been clearly shown by "Dauie" in
learned communication recently published in this
paper, and his conclusions must have commanded
so general attention from our readers as to render
anything upon this topic at present supsrluouS.-
Those who framed our Constitution, being well
aware that writs of habedS corpus from the States
could not interfere with arrests made under their
laws and feeling desire to prevent interference
with arrests made withou. law have no interest in
Incorporating in the Confederate States Constitution
a provision giving Congress the right to suspend
the privilege of the writ by the States. Such
provision would be an anomaly in the relation be-
tween the States and the General Government if it
had been introduced in terms How very singular,
them it is that construction should be resorted to to
extend language which upon its face has a natural
limitation to the machinery of that government
whose Constitution sspcaking,-to extend such lam
guage, we say, to machinery which no interest of
that government could impel it to interfere with
We speak of the Interest of the gogernment" ad-
liSedy, for this part Of the argument must stand
fall by that and know that the interest of the
governors is not unfrequently in conflict with what
is the true interest of the government The gov
eminent never be interested in preventing illegal
arrests from beng questioned and quashed.
! The language of the clause we are considering
deserves attention. Although general in FORM it is
language which by well ascertaned law of consti-
tutional construction, is addressed only to the Con-
! federate States government 1t does not forbid
States from suspending their writs of haJeas corpus
The section of the Constitution of which it forms
part is devoted entirely to the government of which
that Constitution is the basis. This will be plain
to common apprehension by observing that the
next clause to that in hand forbids in language as
general as may be- the passage of bills Of attander
and erPost tactO laws, which, however, does not
operate to forbid the States to do this and there
fore rendered it necessary to repeat the prohibition
to the States expressly in the next section. Ad-
hitting, then that the language is addressed to the
! Confederate government only, observe the term Of
the expression. 1t alludes to the habeas corpus
thing well known, and to particular sort of deal
! ing with the privilege of that writ equally well
known, viz: suspension thereof; and the purpose
of the clause is to place limits upon that power of
| suspension. As common law means Of giving
effect to certain jurisdiction to be conferred upon
the Confederate States judiciary, that writ was to
| be part of the muniments of liberty in the new
| government That is taken for granted; and being
taken for granted, English history showed it was
necessary to guarantee its Operaton and that
| guarantee, with certain limitations, is afforded.
! The question is, what was to be guaranteed? The
necessary reply is the Confederate Writs Of ha6sGs
corpus The Confederate aorit is the subject of the
proposition and of that alone is itpredcated that it
may, in of rebellion or invasion, be sometimes
suspended.
We therefore submit to all candid and conSderate
readers that the clause in question was intended
additional butwark for the personal liberty Of all
citizens of the COnfederacy by providing that the
Confederate writ of hGJeGs c0rpus, whose existence
is well taken for granted and ~ which alone
under the power of the Confederate States legal in
FORM could be inquired into, that this aOrit should
not be suspended except as above We also submit
that the talk which now prevails as to its construc-
tion-as to its rendering Congress the judge of the
propriety of suspending State writ of ha6eas
corpus, is in complete subversion of its provisions
Indeed, it we'll calculated to shock all intelligent
confidence in written Constitutions, to observe how
a fundamental bulwark of personal liberty like the
clause in question may be converted by sort of COM
consent from its. office as a shield into sword
sharpencd against those very precious rights which
it intended to protect; that the solemn words
of grave men, who had concerted these expressions
with anxious care, in view of what in bad times had
been done in evasion of this writ, should be cited
as comforting expressly the power of doing away
with like writ in cases where even bad men would
hardly have observed that it existed the power,