The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1864-05-24

only Wnen the person may nave Deeu chaISSu oH
oath" and arrested by virtue of "a warrant" The
writ was as efectuaily suspended by that bin as by
this act and the Constitutional securities attend
ing the mode of arrest were left untouched and
unmpaired. It may be then regarded as settled
truth that the suspension of the writ is no suspen
sion of the constitutional forms prescribed for arrest
and that Congress has no power, express or i'm
Piled to suspend any other guarantee of civil lib
ertv provided in the Constitution besides those
secured by the writ alone. Notwithstanding this,
the late act has strobe some Of the most i'm
portant guards of civil liberty, as if any express
power had been conferred on Congress to suspend
them likewise Thus, while by paragraph 8, sec.
9, it is allowed Congress to suspend the privileges
of the writ of habeas corpus in the emergencies
mentioned, it is by the same section, paragraph
Is, in the most emphatic terms, declared that "No
warrant shall issue but upon probable cause sup
ported by oath or affirmation, and particularly de-
scribing the person to be seized" And by para
graph Is, that ono person shall be deprived of his
liberty without due process of law"-that is, claw
in its regular course Of administration, through
courts of justice" I Kents Com. Sec. "a, para
graphs l3-A) The beginning of this due pro-
cess is first the charge on oath, and the nkt step
is the warrant describing the person to be seizsd
The third is the arrest, and until this takes place
the habeas corpus has no status, and cannot posi-
bly, have any At this point the writ springs into
being, if not denied, and as here only its aid can
be sought for the first time; so here tor the first
time its privilege be derived Yet the act involves
with its suspension suspension Of the distinct tnt IN
dependent provisions which guard the citizens against
false charge and the dangers of general warrant
In my judgment Congress had the same pwer to
suspend every other guard of civil liberty to be found
in the constituton-the to deprive the citizen OF
the guaranty that he should not be held to for
capital crime unless presentment or Indictment of
grand jury-that he should not be compelled to be
a witness against himself-that he should hve'the
right to speedy and public trial by impartial jury,
and trial in the district in which the crime shall
have been committed.
The writ Of habeas corpus is peculiar to the Hnglis
people and ourselves And a complete illustrator of
the operation of suspension of its privileges will be
seen by supposng thatsit had no existence hee. In
such provision would have been foundfor its
suspension But the clause requiring a charge crime
to be made on oath and warrant to describe tie per-
to be seized would have been only very proper
but the necessary to be inserted. TbeS could
not have been legally disturbed by Congress, and any
legislation dispensing with them had been mere usur-
patton and void 49,
Such is the general view have taken of the act as
it is supposed relate crimes. But the statute is
construed reach inyolyingn offence whtever
legal or mora and though there is difference of
opinion upon the question whether paragraph 5of sec.
embraces the of citizen not liable to military
duty who neither flies nor ressts but simply appeals
tries to appeal to the constitutional repostOrs of
the law for decision upon his rights yet there too
much to believe that the language is sucep IL
Dle OF does lnclude sun
sons and such is the Interpretation put upon itby the
military authorities. And the suspension wasasked
by the President it is but just to infer thatit
drawn to suit him, and his exposition carries he in
tended meaning OF the paragraph.
am unable to any reason consistent with the
prime pies of free aud civilized government provided
with Judiciary as great and independent branch Of
its composition, for suspendng the habeas copus in
cases which involve evasion attempt to- vade
military service that is due, but which merely asks
when honest opinions differ to have the point settled
by those tribunals which settle all matters of
yersy between citizen and Citizen and citizen and
bis government. ia citizen not any military SER
vice to the government he has much right to refuse
to render it, when Wrongfully claimed of him, he
has 10 refuse to pay debt to the government wrong
fully claimed of him and if in both he stands
fairly up and submits to investigation of the ques
ton before those tribunals learned in such and
appointed because of their fitness and SKILL it would
be just reasonable to suspend the writ in the alleged
debt of money in the of the alleged debt of
service. This migh, and likely would hasten
the payment of a debt just unjust, and it may
serve to put 10 the army exempt by the laws of
the land.
There is 30 instance of suspension at any time of
the witt or the privileges of the writ if there be any
difference between them for any other cause either in
England America. Many suspensions of the priyi-
lege OF the writ occurred in England between the pas
of he habeas corpus and the Revolution
ming through period of almost century, and they all
empowered the King either to apprehend and detan,
or to secure and de,ain without ball. such persons
are suspected of conspiracy against the King and his
government
There was British act in l777, which denied the
writ to persons taken in the act of high treason,
mitted in any of the colonies the high in
the act Of piracy who charged with suspect
ted of any of these crimes" (Hurd. 1922 -.
The other suspensions in England after our revolu-
ton commenced in 1894, and continued at intervals
till 1902 during the storms of the French Revolution.
They are of the same character those before and
affected those only who charged with conspiring
against the King and his government. The suspension
during Shays rebellion extended crime suspected
CRIME. The attempted suspension in 1907 con-
fined to persons charged "with treason or other high
crimes or msdemeanor endangering the PEACE safety
or neutrality of the United States The idea cannot
be entertained for a moment that the power of sus-
pending the writ granted forany such purpose
that OF deprivng citizen of the privilege of legal
enquiry into his obligation perform military service
IN order to fill the army with soldiers. If such pow
er exist the sovereignty of the States is the mercy
OF thConfederate Government. Where lies the relief
against the CONSUMPTION of the entire body oState Off
GERS? BY this act it is deposited with the President
alone! His officers alone can give the discharge
confederate officers chosen without the consent
OF the Senate, and removed at will The appropriate
tribunals are entirely overlooked; the State Judges
thrust aside without ceremony, and the Confed-
crate Judge, who holds his Office during good behavior
is ignored and in their is placed an ofcer'wh
the State officers are not put into the army under such
power III the Executive, it is because the incumbent
does not wilt III and when the rights of the State shall
exist by sucha courtesy, they will to have any
for dsplaeing he civil tribunals already establish
ed aud substituting others dependent upon the Ex-
ecutive for their existence. The assurance of public
men, that the power will not be abused, never re-
move the fears of reemen, who rely only upon written
Constitutions protect their liberties History too
fnll Of wrong to allow them to forget for moment
that eternal vigilance is the price of freedom
. It is manifest that the contemDlates that the