Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1864-11-04
FUr the StanuaTd.
Have we Civil LibertY3

poor remnant Ot printers le1t IN III
Fur the Standard.
Have we Civil LibeTtY2
In every age Of the civilized world the genius of
Civil liberty has been the theme OF the patriot the
statesman, the philosopher, the poet and phllau-
thrOpiSt
To secure ard maintain this priceless boon, given
to men by the great fundamental laws of Gods uni
versal government, millions of men have been slain
CITIES have fallen, empires have disappeared, and
kingdoms lave been swept away. And yet the
Struggle for civil liberty is not ended
This people, the sons aud daughters Of Southern
born ireemen are struggling for what2 For civil
liberty. Whenever the mill
tary overrides the civil powers of a government,
/; ceases at once to be civil government and
becomes military government And all military
governments are governed by force or through fear
OF the sword. i ask, then can there be any ystIge
of civil liberty bu: In naue, in country where the
military power authorizes the seizure of freemen's
property without due process through the civil
Courts'of that country? | would ask can there ex
lSt any civil power where the military authorities
are empowered through the Governor of State,
the keeper and guardian of the civil rights of the
people, to arrest and iInprlsOn men and women who
are not anenable to any but the civil law Of such
STATE? These things have been permitted by the
uoTernor OF North Carolina. These things have
been done In the face of statute law enacted by
the highest civil Authority known to free people,
the Legislature Of Orth-CarUlina. That body has
enacted
That any person who shall knowingly aid, as
slst, harbOr or MAINTAIN, under any pretence what
ever any deSerter from the military service Of the
State or of the Confederate States, shall be guilty
OF high misdemeanor, and upon conviction thereof
In the Superior Court shall be fined, " imprisoned
in the discretion of the Court the fine to exceed
five hund ed dollars or the imprisonment to exceed
four months. That any person who shall under
any pretence whatever, knowingly aid, assist, har-
Dor or MAINTAIN any person enrolled and ordered to
report tor duty aS cOnscript, In refusing to obey
such order shall be guilty of high nsdemeanor,
and upon conviction in the Superior Court, snail
be fined Or imprisoned, both in the discretion Of
the Court, the fine not to exceed five hundred dol
lars, nor the Imprisonment four months That for
the purpose Of enforcing the conscript law Of the
Confederate States, and arrestng deserters and con-
scripts the Governor shall have power 10 call out
the militia. That this act shall have force from and
after its ratification. Ratified the 7th day of July,
1861"
Upon the faith of this act, the Governor was in
terrogated as to whether the militia or senior Re-
serves had egs authority to arrest men and women
who were not subject to military duty, or to seize
the property of : Ich citizens, and he answers
The militia officers haze orders to arrest parties Of
any age or ser tchO give iformd6iOn TO deserters"
Tnis is what Gov. Vance says in reply to uues
tions propounded to him in regard to whether such
arrests seizures legal in view Of the ret of the
Legislature or not The Constitution of North
Carolina directs The mode Of enacting 10th civil and
military laws, and the manner in which these laws
NAV be enforced And our Bill of Rights says that
no freeman shall be deprived of his liberty but by
due process OF law. The Judges of the Courts,
the expounders and administrators of the civil law
give III charge to jurors that no military power has
the right to search mems horses or make arrest of
any free CITIZEN IN the State without due process of
law. And yet Gov. Vance issues orders to the mil
tary authorities of his State to arrest any who NAV
be suspected OF giving informs alton to desertPrs-
Has tire Governor assumed the sole right of inter
preting the law, and become the Judge and Juror in
the administration of justice? If he has arrogated
to himself the authority of supersedng in his or
ders the acts Of the Legislature and can cause the free
citizens OF North. Carolina TO be arrested and nl
priSoued by the military law that law becomes su-
prene, and the people have no use for a legislative
body, nor for judges, solicitors justices of the
peace l ask, then, have civil liberty?
The Governor did not so advise the people of
North Carolina in his late speeches. He then told
the reemen of this great sovereign State that the
civil law should rule supreme, and that no freeman
should De deprived of his property or liberty but
by due process of civil law. He told the people
then that the military power was encroacning upon
the civil rights of the citizen, but that he wanted
the people to help him to it, that the civil law
of the State was executed in the proper way. He
then could point to the acts of the Legislature and
tell the people if the military seized their property
or made unlawful arrests to appeal to him for civil
justice and they would get it. But now, when men
not subject to military duty, and women are arrest
ed by tho military without due process of the civil
law, and the question is asked by citizen Of his
State who was strongly threatened with arrest by
the military, he says in emphatic terms, "every age
and sex subject to the military authority who
give inform StioEt to dcserters" And this In The
face Of Of the Legislature expressly intended
to take cognzauee of this very matter of aiding or
abetting desertes the part of any age or sex of
the citizens, ard bring them to trial by the civil
courts Of the State. If the Governor can with i'm
punty supersede the jurisdiction of the civil courts
of his State, by his official orders through an arm
of the military servc and bring parties to summary
punishment who are, according to the statute,
amenable only to the civil law, and such is recog-
nized as constitutional not the precedent is es-
tHbshed, and every offender against the civil acts
of the Legislature called ldus, may with like i'm.
punity be arrested under military orders from the
Governor and brought to justice. This would at
once obiterate the idea Of civil law because all Of
tenders would become amenable to the orders of
The Governor instead Of the acts made by the mem.
ners OF the Legislature, which were made to govern
the Executive as veil as the people, And is this the
least to which the people were inviteC2 If SO, then
tneaay - not very tss distant when the terrors Of