Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1864-06-22
Remarks Of DR.. j. T. Leach.
OF NORTH CAROLINA.

OF NORTH CAROLINA,
Delirered an the house of Representatives ut Rich
mond, May 81, 1864
j.. DIR. Leach offered the following resolutions which
were read first and second times, and referred to
the judiciary committee, and ordered to be
printed
Resosutions declaring the supremacy of the civil
ooer the military la,o
WHEREAS, The preamble to the Constitution of
the Confederate States declares the purpose for
which the States, acting in their sovereign and in.
dependent character, entered the federal compact,
and that any violation of the terms is an outrage
upon the rights of the States of Justice
and hagrant usurpation Of power by Congress
and whereas the delegation of power to the Presi.
dent by the Congress, under the suspension of the
writ of hobeas corpus finds no sanction in the Con.
stituton, is unjust, oppressive and subversive Of
the letter and spirit of the Constitution; there
fore
ResolOed, That the Congress had no right under
the suspension OF the writ of habeas corpus to ai.
thorize the President to arrest, imprison and con-
denim the citizens of the Confederate States with.
out due process Of law, as laid down in article l.
section 16 Of the Constitution of the Confederate
States. ~-c ,-.;,- 81 Ell ..lsL.:.
HesoSoed, That treason as laid down in article g.
section g. of the Confederate Constitutoa,is clear
~ defined, and the punishment annexed is applca.
BILE only to the crime Of levyng war against the Con.
federate States, or in adhering to their enemies.
giving them aid and comfort; and that Congress,
and not the President has the right tOdeelare the
said AZ, 49,. j.. .s,-s ,s,sss1 n. 81 20 . -.
Mr. SPEAKER:-In offering the resolutions read
at the desk, it is not my purpose to embarrass the
action Of this House, or to set up any facious 3D.
=, position to the prompt enforcement of any con.
stltutonal act Of this, or any other Congress- -.
humble rs am; were capable Of such q motive.
Should feel my af unworthy of the seat now
occupy. Neither is tiny purpose to Simpusn the
motives OF those who differ in opinion with me.
but as representative, have the right to seru.
tnIse the acts of members Of this body d7 -!
desire to call gentemen's attention to Tie I'M.
poriant act that our first duty preliminary to the
exercise Of the functions of legislators was to take
an oath to support the Constitution Of these yon.
Tolerate States. appeal to. gentlemen to nav
whether they have done SO, in passing. at the t;ms
and under the circumstances, the law suspendino
the writ OF ha6eas corpus. Let US look into the
matter-let us apply the rule aud piummet and see
the act is in strict sScordance with the s,ss Hes
spirit Of the Constitution. - -. "'
In article Isl, section l6, of the Constitution NJ
tne Confederate States, We find the following Ian
gnage: No person shall he held TO answer for o
capital OF otherwise Infamous crime, unless m .
presentment or Indictment Of grand jury. excen,
IN eases arising in the land or naval torces a. Il
ine militia when in actual service or public don.
ger, &C. Let ns stop here and examine ano.be,
part Of the Constitution, referring directly =, IN.
suspension of the writ Of Aaleas eorpua Art 7
sec y declares that "the privilege Of the. writ a
aaoe1s corpus shall not be suspended usIass ubs,
~ eases Of invasion or nsurrecton the public sase
ym'ys require it." 1t must be apparent 70 III,
,n,ao o. every intelligent mar that neither insur
I Issa or Invasion will justify the Suspension IN
iess tne public safety requires it. The public safe
" alone is the pivot upon which the r,pht Of ss
pension turns, and nothing else will Justify r unda
the plain construction Of the Constitution.
Let US pursue the subject little further and se
40" the law operates upon our constitutional rights