The weekly intelligencer. [volume] (Fayetteville, N.C.) 1864-186?, 1864-03-22

hands q. the EssAlish king, for Investigating
his Illegal arrests and carr, ing out his arhi-
trary decrees was much more reseectable on
account of the ctaatacter learning and ability
|of it's mesnbers 4han tile Confederate Star
Chamber, OF coisst Of proper officers" which
the act OF congft1s give s,l,e President pow
Ter to ap oint tee investigate his Illegal ar
rests
unaware of up Instance in which the Brit
,sh king has ortisfei the arrest of any be. san
iii civil lite, IN anK. other niauser than 10y ju-
dl eiai warrent, sasseed BY the Established
courts on the reassns; ia which be has
suspended. or Attelaptea to- suspend the
privilege of the writ of habeas corpus, since
the Bill OF Rig hts aol act Of Sc: tleln.1at passed
in 1859. TO attesApt this i'll 1854 would
cost the ptesen. ssigaiag Queen nc hess ptics
t:an her crown.
The only susps;lsien. Of the privilege of
the writ Of 4sai1sss corpus known to our ooa-
stitu;ion a.lsiz zcos spatiale with the PROVISIONS
ALREADY stated, tsk to the SIMPLE extent OF
preventing the iaSise- under it oi persons
whose arrest ~ lsaen ordered III der con
Istisut,.:;al v ~ .fep jpas.,iaAsauthority.
- =. s, - e Sonse t,ss:os ;.i.ews the
SUI pension in ease of ieoe!iior or invasion
in order that ,ie accused snay be zccrtainIy y
a:.d safely hci, forltiial; but Congress has
no ri sht under prr,ext ot exercising this
power, to authorize the President, - make
illegal arrests pro ioitca by the Constitution;
and when Congress has attempted TO confer
such powers OK: TIE President, if he should
order SUCH illegal arrests, would Le the
imperative duty Of tie Judges who have sol
emnly sworn TO support the Cons tt,.tion. to
disregard such unconstitutional legislation,
and grant relief to prisons so illegally I'M
prisoned and it would be the duty Of ths
Leg is,ative and Executive Departments OF
the Sta es to sustain and protect the ,!udicl
ary in the discharge OF this Obligation.
BY an examination of the act OF Congress,
now under consideration, it will be seen that
it is not an act to suspend the privilege of the
writ of habeas corpus in case Of warrants is
sued Nv judicial authority: but the main pur-
pose of the act seems to be to authorize the
President TO issue warrants supported by
Inalthe' oath nor affirmation and 70 make ar
rests Of persons not ir military service, upon
charges Of a nature proper Tor Invest ion
in tie Judicial tribunals only, and 10 proven;
the Courts from iuqmring inlo such arrests,
or granting relief against such Illegal u'urpa-
lions of power, which are in direct and
palrable violation Of the Constitution.
The act enume.ates more than twenty diff
ferent causes of arrest, mostQ which are cog
nizi bic and tryable only i'll the judicial tribu
n;,is established by the Constitution and fol
WHICH no " al can legally ISSUE iOl IbS
arrest of persons in civil life 10y any power
except hejudiciary and then only upon prob
able cause supported by oath or affirmation
particu arly describing the persons to be sez
| ed such as ''treason'' unreasonable efforts o
combinations to subvcrt the Goyesument o
the Confederate States, ''conspi; Scies to over
throw the Governmcnt," or "conSpiracies tt
resist the lawful authority of the Co'ied
crate States giving the enelny lad and com
! fort :" "attcmptS TO inclte serv!ie resurrection,
"the burning Of bridges ''krlroaa,
or "relegraph lines, y "harborng dcserters,
and other off uces against the laws of til
/ Confederate States" &C., &c. And as if t
place the usnrpa1ion orpover beyon.l doub
IA wi. s4sra aeI kes~ly declares that til
"su>p pension shall apply only to the case 0
persons, arrested or deLiiitd by the Pres dent
tie Secretary Of War, or the General officer
comu anding tn Trans Mississippi M!ltar.
Department, by authority anu unuer the con
tro! Of tie Irc>ident,' in the cases enumerate'
il The act, moss of when are exclusively O
iudl ;l.I co.nizanee, aud in uilich Gases Ii!
p:, sIdcnt haas not the shadow OF COustitu
Itioaal authority 10 issue warrants or order al
rests, but is aciual!y pi ohbiied by the Const
tuition from tiolng
| THIS then is not an act to suspend the priv
lcge of the writ of habcas corpus in the man
ter authorized by implication by the Con>titt
Ition, but ii is an act 70 Authorize the Pres den
to make illegal and unconstitutional arrests
IN cases whicn the Consultation gives to III
judiciary, and denies t6 tie Executive an
to prohibit all judicial interference for the Re
lief Of the citizen, when tyranzed over by i
legal arrest, under letters de ctcIiet issued b
Executive authority.
Instead of the legality of the arrest bein
| exmined in the judicial tribunals appointe
by the Constitution, it is TO be examined i
the Contel crate Star Chamber that is, b
tficers appointed by the President. VIII
say that the "President shall cause prrpe
officers 10 investig. te'' the legality of arrest
5 ordered by him ? Why not ptrm.t the Judge
whose constitutional ri ht and duty it is to
it?
We are witnessing with too much indiffe
ence assumptions of power by the Contcdera
government which in ordinary times woul
arouse the whole country TO indignant rebuk
and stern resistance. History teaches !
that submission to one eScroachment upo
constitutional liberty is always followed b
another and we should not forget that i'll
portant rights, yielded to those in power will
$ out rebuke or protest, are never recovere
i by the people without revolntion.
', If this act is acquieSced in, the PreSiden
the Secretary of War, and the commander
: the Trans-Missssippi department under tt
: control Of the President, each has the po"'
:. conferred by Congress, TO mprison wh"ms
ever he chooses +; and It is only necessary
= allege that it is done on account of ''treaa4 n
= bic efforts" or Of ''cofs piracles to resist ii
lawful authority of the Confederate States
= Or ''foi giving aid and comfort to thc enemy
or other of the causes of arrest enumerats
. in the statute, and have subatern to Il
u his affidavit accordingly, after the arrest if
) >rit of habeas corpus is sued out, and
Court dare inquire into the cause
Z the imprisonment. The statute makes tt
Il President and not the courts the Judge Of tt
sufficiency of the caase for his own acts.
Either of you or any other citizen of Geergi
may at any moment (as Ar. Va'landigha
{ was ir. Onio) be dragged from your homes
:, midnight by armed force, and imprisoned
u u the will of the President, upon the prete
y - that you have been guilty OF some offense
y he character above named, and no co,
= known {" our Judiciary, can inquire into Il
= wrong Or grant relief
; When such bold STRIDES towards mi lita
n despotSm and absolute authority are taken
in whom, w hay cOnfllipu and