Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1863-03-11
Gil :Stan0ar1.
REMARKs OF MIR. WARREN,

t1s Rep;.sd C0dS in reldtion to habeas corpus and
tbs a1nsadnssut offered BY Ar. Warren Msreta
dsl;osrsd in tho Senate of North Carolina, Hon
day, FEB. 9th. 1864
Mr. SPEAKER: Some days ago l indicated my
purpose to offer this amendment (Which is the orig
nal bill offered by me at the last session. 70 .ne
bill introduced by the Senator from Orange, (Mr.
Graham y but as be was then absent on necessary
business, the subject was postponed lotfer It now.
I do it not because wish to embarrass bis bill, for
think it ought to pass, but do it because think
the amendment ought also to be adopted, and that
all our legislation on the subject should be COM
prised in one act On =" =-
have no concealment Of purpose as to this
amendment The violations of law and disregard
of the rights OF the citizen Of which have occa
sion to complain are attributable mostly to one class
of men-men in the military service. The amend
ment recognizes the fact, and provides remedy,
better, think, than any proposition that has been
before US, for the existing evil 80 , .
1t is the duty of sovereign State to protect its
citizens in their rights-not its citizens en- masse
only. but each individual citizen. Government be-
ing instituted for the benefit of the people, this is
its most imperative duty, next to that of maintain
ing own sovereignty. For to the extent that it
allows its citizens to be deprived Of their rights, to
the same extent its own sovereignty is infringed
and ubated. And among all the obligations of the
government to the citizen, there is none more bind
ing than that of protecting and securing him from
ali unlawful arrest and imprisonment no matter
from what authority pretence Of authority they
proceed. These propositions, imagine, cannot be
contoverted Civil liberty cannot be stricken down
in the person of one man, without being stricken
down in'the persons Of all
1t is said Sir, that we have nothing to do with ar
rests of citizens by the military authorities at least
where martial law has been proclaimed, and the
privilege of the writ of ha6eas corpus declared sus
pended by the President of the Confederate States
It seems to be conceded at any rate not denied, In
the argument here, that the act OF Congress under
which martial law was proclaimed, &c, the privi
lege Of the writ was suspended in Salisbury and ten
miles around is Valid and that the exercise of power
in this instance by the President under that act was
proper and expedient 1t may be presumptuous in
me to question the constitutionality of an'act of
Congress, passed by know not how large major
ity, approved by the President generally acquiesced
in, ard not hitherto denied to be valid in this As
ssmlly But am of opinion that it is null and
void-that it has neither binding efficacy nor re-
spectacle excuse; and know of no reason either
personal to myself, or affecting the public interest
which should make me hesitate to declare that opin-
ion.
The act of Congress of the 18th Of October, 1869,
is in these words:
"Taat during the present invasion of the Confederate
States the President shall have power suspend the priv
iege the writ of hGeas corpus any city, town mill
ray district whenever in his judgment the public safety
may require it, but such suspension shall apply only TO
made by the authorities Of the Confederate govern
men, or offences against the same"
The provision of the Confederate Constitution is
precisely like that of the Constitution of the United
States "The privilege of the writ of habeas corpus
shall not be suspended unless where in cases of re-
beon or invasion the public safety MAJ require it"
Now, Sir this is in that part Of the Constitution
which enumerates and restricts the powers of Con-
gress. 1t is restriction upon the powers ofsthe
legislative department of the government Where
as it was supposed that without inhibition Con-
gress might suspend the writ at pleasure the power
is limited in its hands to the specified cases of "re-
belon" and invasion" 1t is limited further BY
the words where the public safety may require it."
Since the Bill of Rights in 1859, it has never been
understood in England or in this country, that any
authority but the Legislature had the power to
pend laws or the execution of laws. The Bill of
Rights is part Of the chartered liberties Of Ameri
cans and is our brth-rght whether incorporated in
laws or the execution of laws by any authority,
without the consent of the representatives of the
people, is injurious to their rights and ought not to
be exercised"
Now, Sir, l maintain that Congress cannot dele
gate to the President the "power to suspend the
privilege of the writ of ha6eas corpus, whenever
in his judgment the public safety may require it,
The assumed right Of delegation has no foundation
either in principle authority or precedent In the
Convention of 1857 the States of North Carolina,
South-Oarolna and Georgia voted unanimously
against giving Congress the power to suspend the
privilege of the writ at all. Luther Martin, of Ma.
ryland, voted with them. To abdicate this power,
expressly "vested in Congress-" in favor of the
Executives power thus regarded as dangerous
even when exercised by the Legislatures-to leave
it to- his discretion to exercise it wherever and
wherever in his judgment the public safety may
require ito give him absolute control over the
personal liberty Of the citizen-to allow him to or.
rest and incarcerate citizens without oath or war
rant and therefore without cause, is to surrender
our most valued rights to the keeping of one man,
and is near approach to arbitrary power. 1t ia
an anomaly in legislation, and is repugnant to our
Tree systems of government 1t is also repugnant
to that provision of the Constitution recurring war
rants upon probable cause, supported by oath or
affirmation. There is no clause in the Constitution
to which the maxim, ancient as the civil law itself
with more force than that respecting the privilege
of this Drit Of right And Congress must be the
cole judge Of the occasion for suspendng it. other
wise Congress ignores its own functions and merpes
its own Judgment On this question, Sir have
authority. read from distinguished comments
tor on the Constitution:
The right to suspend it a6eas eo-pus} is exprassv
70 cases OF reDeon or INVASION where the cIbc
safety may require it. very just and wholesome re-.
stralnt which cuts down at blow fruitful means Of or
precision, capable Of being abused bad times to the WORT
been authorized by Congress since the establishment Of
ING Constitution would seem, the power is given
to to suspend the writ Of bs corpus in cases
rebellion or invasion, that the right judge whether
saEency bad arisen must exclusively belong to that
Twill remark in passing that in a note to this
passage Mr.. Jefferson is stated to have said that he
was "in favor Of the eternal, unremittine force Of
the ha6eos corpus laws" 1 believe, Sir, there is
no authority opposed to that have cited: There
is no precedent for such delegation Of power. In
fact the privilege Of the writ was never attemnted
to be suspended by Congress- except in the time Of
Burrs conspiracy. It was believed to be case Of
great emergency, and the bill, which will read
passed the Senate of the United States:
IL all cases where any person or persons CHARGED
o" oath with treason other high crime or m
ne ps.'e ssfa or nsatsty Of the United
Hss' nave been or sha be arrested Imprisoned by
virtue OF warrant auhoritv of the ProssAa,t fI