Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1864-05-20

Is
tary institution of the State her main dependence
in ordinary times Cor the suppression OF rebellion
and repelling Of INVASION, and though shorn oil It's
strength by the raising Of great armies and despite
its many shortcomings it has been of great service
both to tho State and Confederacy during this war
Among the acts of Congress referred to, that
which has suspended the privilege Of hdbeGs corpus
has most thoroughly aroused public attention.-
Neither the losses incurred by the rades! and sud
den changes in the currency, nor the conscripuon
of the principals OF substitutes nor the extension OF
il to such an age and upon such terms rs to place
the Industrial pursuits Of the country at the feet OF
the President nor the heavy burthens of taxation
none of these nor all of them together, have an
awakened the public feeling as the Withdraw
al of this time honored and blood-bought guard OF
personal freedom from the people in times when it ls
most needed for their protection. 1t Is true that
our forefathers assumed, and this generation has
conceded, that in cases of rebellion and INVASION
the public safety may sometimes require lts sus-
pension and, therefore, we have conferred on Con
gress the power OF, suspension in such cases, Wnen
the public satety may require it. Nor can 1t be
doubted that the power authorized to suspend is
the sole power entitled to judge Of the necessity for
the act and if late statute had merely prohibited
out and out the use Of the writ for the time spee-
fed there could be no complaint against its con-
stitutionality, however i'll timed and unnecessary
NAV have been the exercise of q rigor so great
But have been unable to see, in the times, any
necessity for denying the writ, as am to recognize
in the law the constitutional excise OF the favor
that is granted. Concurring in the doctrine that
the protection against the abuse of the constitution
of the Confederate States, either by usu-p3tlon OF
powers or oppressive of such as are granted, IS
to be found in the responsibility of Congress to the
people, ensured by their short terms Of office, aud
the reserved right Of each State, to resume the
powers delegated to the Confederate government,
whenever in her Judgment they perverted to the
injury or oppression of the people, deem 1t duty
devolVed on the State through her proper organs,
to make known to that government her complaints
and to insist upon q redress O. her grievances.
Under this idea of duty, and in spirit OF regard
for the government Of our adoption, deem 1t in
cumbGnt to present my objections against the late
act
1t is declared in the preamble that 1.-The Presi-
dent has asked for the suspension, and informed
Congress of conditions of public danger which rem
der suspension Of the writ measure proper for
the public defence against invasion and insured
ton" Therefore it is enacted that the writ shall
be suspended as to "the cases of persons arrested
or detained by order of the President, Secretary OF
War; OF the General Officer commanding the Trans
Mississippi military department"
The statute proceeds to classify under thirteen
heads very great number of acts of which, ii
man be accused he shall be deprived of the benefit
oc the writ; and among them the act of attemp
ting to avoid military SERVICE To prevent the out
rage which may be perpetrated on an innocent man
not subject to military service for merely attempt
ing toavoid military service unlaWfuily demanded,
it is provided that "in case of palpabe wrong and
oppression by any subordinate officer upon any par
ty who dues not legally owe military service, his su-
perior shall grant prompt relief to the oppressed
party" and 1.-THE subordinate shall be dismissed
from office"
And as general protection Of the citizens against
Sb.,oo - fhofN fha
dent shall cause proper officers TO investigate the
cases of all persons so arrested detained in order
that they may be discharged If Improperly detained,
unless they can be speedily tried in due course Of
law"
And, finally 1t is enacted that "no military or
other officer shall be compelled answer to any writ
ofhabeGS corpus to appear in person to return the
body of any person detained by the authority OF
the President Secretary of War" &c; "5ut upon
the certificate, under oath, of the officer having
charge any so detained that such person is de-
tanned by him for any of the causes specified in the
act under said authority further proceedings under
the writ shall Immediately cease"
In order to ascertain whether the enactment is
within the powers delegated, it is proper to keep in
mind what are the privileges Of the writ of habeas
| corpus and we shall be sure to know what can be
affected coustitutonally, by suspension ofh. This
writ is the offspring Of the love of liberty, and has
been in for ages by ancestors and ourselves
| as the handmai of freedom Its use is to have
enquiry made according to the rules of law of the
causes why persons restrained Of their civil free
dom. If upon enquiry by the proper authority,
there be for detention the person, is set al
liberty If there be cause he is remanded for further
detention or allowed TO go at large upon bail. Now,
these are all the privileges of the writ of hGbeat
corpus The writ finds no place for action until after
the person is arrested So that there be any pIvi
leges or securities to the person attending the mode
Of arrest these not the privileges of the writ Of
| k16eds corpus, but exist independently Of them
And it is therefore clear that power to suspend the
privileges secured in forms attending the mode oil
arrest They are too distinct to be COMPOUNDED by
any species of sophistry; and this distinction is
plainly and notably observed in the bill to suspend
| the writ, passed though the Senate in January,
1907, which suspended it only when the person may
have been charged On OATH" and arrested by
virtue of I" q warrant" The writ was as effectuay
suspended by that bill as by this act and the Con-
sttutional securities attending the mode of arrest
were left untouched and unimpared. 1t may be
then regarded settled truth, that the suspension
of the writ is no suspension Of the constitutional
| forms prescribed for arrest and that Congress
has no power express or implied, to suspend
any other guarantee of civil liberty provided in the
Constitution besides those secured by the writ alone
Notwithstanding this, the late act has strobe over
some of the most important guards of civil liberty,
as If an express power had been conferred on Con
gress to suspend them likewise. Thus, while by para
graph g. it is allowed Congress to suspend the
privileges of the writ of habeas corpus in the
gencies mentioned, it is by the same section, para
graph 10, in the most emphatic terms declared thai
"No warrant shall issue but upon probable cause
supported by oath or affirmation and particularly
describing the person to be seized" And by para
! graph I6, that mo person shall be deprived OF his
liberty without due process of Iaw"-that is, "laW
IN its regular course OF administration, through
courts justice" Il Kents Com. Sec o. paragraphs
/ BIB The beginning Of this due process is frs
the Charge on oath, and the next step the warrant
describing the person to be seized. The third is the
arrest aud until this takes place the habsas corpu
has no status, and cannot possibly have any. Al
this point the writ springs into being if not denied
and as here only its aid can be sought for the frs
time here for the first fine can its nrinilapa hi