Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1864-05-25
Should you again agree with me in this opinion,
would be happy TO be sustained by resolution to

would be happy TO be sustained BY resolution to
that effect. --f 9z. I
Should you conclude to combine the Home Guard |
and Militia organizations I recommend that the
latter be preserved. should regxet exceedingly to
see the militia abolished, and its organization de.
stroyed. 1t is the ancient and time honored mill |
tary institution of the State her main dependence,
in ordinary times Cor the suppression of rebellion
and repclling of nvasi,n and though shorn of its
strength by tho raising of great armies and despite
its many short comngs, it has sn 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 hadeas corpus
sas most thoroughly aroused public attention.
Neither the losses incurred by the radical and sud-
den changes in the currency, nor the conscriptien
Of the principals of substitutes the extension OF
it to such age and upon such terms as to place
the Industrial ursuts Of the country at the feet OF
the President, nor the heavy hurthens oftaxation-
none of these nor all of them together have an
awakened the public feeling much ss the withdraw
al Of this time honored and blood-bought guard of
personal freedom from the people in times when it is
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 its sus-
pension and, therefore, we have conferred on Con-
gress the power Of suspension in such cases, when
| the public satety may require it. Nor can it be
L
the sole power entitled to udgeof tho necessity for
the act and if late statute had merely prohibited
out and out the use of the writ for the time spec-
fed, there could be no complaint against its con-
stitutionality, however ill.timed and unnecessary
| may have been the exercise of 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-pation of
powers or oppressive use of such are granted. is
to be found in the responsibility Of Congress to the
people, ensured By their short terms Of office, and
the reserved right Of each State, to resume the
powers delegated to The Confederate government
whenever in her Judgment 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 o. her grievances.
Under this idea Of duty, and in spirit of regard
| for the government of our ADOPTION deen it in
cumbent to present my objections against the lac
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 rem
der suspension of the wri: o measure proper FOR
the public defence against invasion and insurrec-
ton." Thereft,a it is enacted that the writ shall
be suspended as to "the cases Of persons arrested
OF detained tfT oTQeF OF ire FteSuen, OCCTetdIy VI
War, or the General Officer commanding the Trans
Mississippi military department"
The Statute proceeds to classify under thirteen
heads very great number of acts of which, if
man be accused he shall be deprived of the benefit
Of the writ; and among them the act of attemp-
ting to- avoid military service" 10 prevent the out
rage which may be perpetrated on an innocent man
not subject to military service for merely attempt.
ing avoid military service, unlawluiiy demanded
| jc at n of naina a nd
oppression by any subordinate officer upon any par
ty who DIES not legally owe military service, his
perior shall grant prompt relief to the oppressed
party" ami 1.-The subordinate shall be dismissed
from cfica"
And as a general protection fthe citizens against
abuses, under the act it is provided, that the Pre
dent shall cause proper officers to investigate the
cases of all persons so arrested or detained in order
that they may be discharged If Improperly detained
unless they can bs speedily tried in due course Of
| law"
And, finally 1t is enacted that "no military or
other officer shall be compelled IN answer to anv writ
ohabeas corpus to appear in person or 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 ofany detained that such person is de-
tanned By HIN for any of the specified in the
act under said authority further proceedings under
the writ sha| ediately cease"
In der tain whether the enactment is
withinthe delegated, it is proper to keep in
mind what arc The privileges Of the writ Of habeas
corpus. and We shall be sure to know what can be
affected constiutonally by suspension oft. This
writ is the ofspring Of the love Of liberty, and has
been in use for ages BY ancestors and ourselves
as the hand maid 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 " the proper authority,
kha~oL b. e. 1oka- =.
liberty 1fthere be cacse he is renanded for further
detention or allowed to 50 at large upon bail. Now,
these are all the privileges of the writ Of Rabeot
,cOrpus. The writ finds place for action until after
the person is arrested So that there be any priv
leges Or securities to the person attending the mode
Of arrest, these are not the privileges of the writ q
hateas corpus, hut exist Independently of them -
And it is therefore clear that power suspend thu
privileges secured in forms attending the mode Of
arrest They are too distinct to be COMPOUNDED by
any species Of sophxstry; 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 Owl ben the person may
have been emerged on SO6," and arrested BY
virtue of "a warrant" The writ was as efectua,l,
suspended by that bill as by this act and the Con
sttutonal securities attending the mode Of arrest
!, were left untouched and unimpaired. 1t may b
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 tn
Constitution besides those secured by the writ alone
Notwithstanding this, the late act has strobe owe
some of the most important guards Of civil liberty
a. if an express power had been conferred on Con
gross to suspend them likewise Thus while by para
graph Q, it is allowed Congress to suspend tn
privileges Of the writ of ha6sas corpus in the emer
gences mentioned it is by the same section, para
= A. -
t "Eo warrant shall issue but upon probable cause
supported by oath or affirmation, and particular,
describing the person to be seized" And by para
graph IT, that" no person shall be deprived OF hi
liberty without due process of Iaw"-that is, "lav
in it's regular course Of administration, through
courts justice" Kents Com. Sec. a. paragraph
1a-l4j The beginning of this due process is irs
the charge on oath and the next sten is the