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

Guard organizations; otherwise shall nave on nay
hands the officers of two distinct Organizations,
powerless for the want of men. In this cenHec
tion would mention that the same ACT of Con-
gress has again conferred upon me- without re-
fence to the Legislature, the power to claim the
exemptiaA of such State officers as may deem
necessary for the due administration ofthe laws
Not wishing to take so important a responsibility
upon my shoulders without consulting the Repre-
sentatives of the people, have so far claimed the
exemption of all civil and military officers of the
State, together with the indispensable employees
of the different departments of the State Govern
ment as enumerated by your body at its late extra
session. And now respectfully ask that you in
dictate to nae by resoution, what persons you re-
gard as proper subjects for exemption.
have taken the ground that exemption of
State officers from CONSUMPTION into the CoEfede-
rate service is not by favor of Congress, but is
matter of tight inherent in a sovereign StateS land
that for the same reason the State has an indispu
table right to the services of laborers aud other
persons who are necessarily in her employ, though
they be not officers within the meaning of the act
of Congress. Should you again agree with me in
this opinion, would be happy to be sustained by
resolution to that effect.
Should you conclude to combine the Home
Guard and Militia organizations, [ recommend
that the latter be preserved. [ should regret ex-
ceedingly to see the militia abolished, andvits or
ganization destroyed It is the ancient and time:
honored military institution of the State, her main
dependence, in ordinary times. for the suppression
of rebellion and repelling of invasion, and though
shorn of its many short comings, it has been OF
great service both to the State and Confederacy
during this war.
Among the acts of Congress referred to, that
which has suspended the privilege Of habeas cor
pms has most thoroughly aroused public attention
Neither the losses incurred by the radical and
sudden changes in the currency, nor the conserlp-
ton of the principals of substitutes, nor the ex-
tension of it to such an age, and upon such terms
to place the industrial pursuits of the country
at the feet of the President, nor the. heavy bur
thens of taxation-none of these, nor all of them
together, have so awakened the public feeling as
the withdrawal Of this time honored and blood
bought guard of personal freedom from the people
in times when it is most needed for their protec-
ton. 1t is true that cur foretathers assumed and
this generation has conceded, that in cases of re-
bellion and invasion, the public safety may some
times require its suspension; and, therefore, we
have conferred on Congress the power of suspen-
sion in such cases, when the public safety may re-
quire it, Nor can it be doubted that the power
authorized to suspend is the sole power entitled to
judge of the necessity for the act, and if the late
statute had merely prohibited out and out the use
of the writ for the time specified, there could be
no complaint against its constitutonality, however
ill-timed and unnecessary may have been the exer-
else of rigor so great But have been as un-
able to see lii the times any necessity for denying
the writ, as am to recognize in the law the con-
stitutional exercise of the favor that is granted.
Concurring in the doctrine that the protection
against the abuse of the constitution Of the Con-
federate States, either by usurpation Of powers
oppressive use of such as are granted, is to be
found in the responsibility Of Congress to the peo-
nv oh oF ND
the reserved right Of each State, to resume the
powers delegated to the Confederate government,
whenever in her judgm mt they are perverted to
the injury or oppression Of the people, deem it
duty devolved on the State, through her proper
organs, to make known to that government her
complaints and to insist upon redress of her
grievances. Under the idea of duty, and in spi-
rit of regard for the government Of our adoption,
| deem it Incumbent to present my objections
against the late act.
1t is declared in the preamble that "the Presi-
dent has asked for the suspension, and informed
Congress of conditions of public danger which
render suspension of the writ measure proper
for the public defence against invasion and insur-
rection." Therefore it is enacted that the writ
shall be suspended to 1.-The cases of persons ar
rested detained by order of the President, Sec
rotary of War, or the General Officer commanding
the rans-Mississppi military department."
heads very great number of acts, of which, if
man be accused, he shall be deprived of the bene-
tit OF the writ; and among them the act of at
tempting to "avod military service" To prevent
the outrage which may be perpetrated on an inno-
cent man not subject to military service for mere
ly attempting "to avoid military service, unlawful
ly demanded, it is provided that Gin case of paa-
BILE wrong and oppression by any subordinate off
Ger upon any party who does not legally owe mills
ary service, his superior shall grant prompt relief
to the oppressed barty,". and ''the subordinate
shall be dismissed from Office
And as general protection of the citizens
against abuses, under the act it is provided that
"the President shall proper officers to inves-
tgate the cases of all persons so arrested or de-
tanned, in order that they may be discharged if
Improperly detained, unless they can be speedily
tried in due course of law
And, finally, it is enacted that 'no military or
other officer stall be compelled in answer to any
writ OF h0be0s corpus to appear in person or to re.
turn the body of any person detained by the au-
thorty fthe President, Secretary of War" &c;
"but upon the ertifcate, under oath, of the officer
having charge Of any one so detained that such
person is detained by. him for any of the causes
specified in theact under said au hority, further
proceedings under the writ sl..lt immediately
cease"
In order to ascertain whether the enactme Mt is
within the powers delegated, it is proper to keen
in mind what are the privileges of, the writ Of ha
IDEAS corpus, aud shall be sure to know what
be affected constitutionally, by suspension of
it. This writ is the offspring of the love of Hber
ty, and has been in use tor ages by our ancestors
and ourselves, as the hand maid of freedom Its