Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1864-06-15

secretaries of State have right to commit That this
light had not been doubted by Lord Camden VINO |
expressed great anxiety for liberty Of the subject as
my man. and proceeds ollows In this two ques-
ions made First. whether the act of Suspension
authorized any firm Of comnitmeDt but this question:
aid the court at rest AMIDST 1t was raised
"Tbe Attorney general very properly admitted that that
lct made no alteration lnthe forms Of commitment
The other question was whether this commitment De
,Ood commitment at common lawf
Lord Kenyon, j., after some other remarks, proceeds
ls follows: The commitments prior to the revolution
complained Of grievoas and psobsby gave r,se
mentioned on the part Of the had happened III.
reign of Charles H. or James H. should not have relied
much upon them But the now cited happened since
the revolution time that Mr. Justice Foster and other
country when the liberties of the subject were we'll under
STOOD nob asserted Then let what was after the
and particularly in the times OF that great man.
Lord Holt Out of the many that have now been
have selected nine that cannot be distinguish
ed from the present case where the commitments were
and the rest Of the court bound BY their oaths to
discharge the defendants If the commitments we're Illegal
and yet the court did discharge ,hem Pending these
cded rightly. have 10 sources Of intelligence from
which make the inquiry The records Of me court
furnish me with the law OF the land Lord Holt was
one OF whom was Mr. Justice Powell who fell little short
of Lord Holt himself will not Overturn the law OF the
land handed down to 1t is not for the judges VINO
watch over the law to it. Therefore, on the author
v Of tbe nine of which are precisely point
nm clearly Of the onnon that if we were TO yield to this
public" " ~ =
This case settles beyond peradvenure that in case OF
the suspension Of the privilege Of the writ Of haoeas cor
Pus. all warrants for times Of the suspension VI
this privilege must be in the we'll established forms re-
quired when there is No Of the privilege vi the
writ And it settles another question. 10 VII: ihat e
writ is atil to issue, and if the charge IN the warrant
sufficient point Of law The court is bound to dls
roe III. prisoner FOR in this ease the first motion Of
the attorney general was to oussh the writ qsa inpo
ride sanay because be said this was case within the
above statute Of the So Geo III by which the court could
neither bail aor discharge the defendant and therefore the
writ itself ought not to have been granted But the court
refused tn euush the writ saving that it did follow
that because they might neither discharge bail the
defendant after hearing the case arsud therefore the
writ was improvidenly issued Tns case then settles
these important questions First that Notwithstanding
and that the warrant must be tine established forh
and must Contain sufficient cuurxe That caArge in
discharge the prisoner and that the officer must
the body and he true cause Of the writ and dslauer
/. being clear law al conceive oil lawyers admit
Grim 40 ,nst The laws Of the Confederate States snd
then onl to such az enaup.r h public safety aud that
warrants in the usual forms must issus il seems to
follow a, matter of course that that portion of the
act which authorizes the President or Secretary of War
to issue warrants or orders is unconstitutional for
reason that issuing warrant is judicial junction aud
under our firm II al, ind csl power is denied
the President and to ali executive officers and only
be vested IN The judiciary.
To this it may be- rep led that in England during those
suspensions the KING and his Secretaries of State and the
members of the rivy council ssu. these rants To
this reply that under the constitution and laws OF Eng
land the King and all those great officers Of State possess
judicial and have always been considered cuser'a
of the peace and character they have always
possessed the power OF issuing but here the ex
ecure and judicial departments OF the government are
en.nsy distinct and esuno' 1y any law 81 ,h oe
at least all that portion OF the act that puts II IN Inc
OF inc PRESIDENT or 10 Issue ORDERS OF
IN certain cases specned, which does not embrace crime
against the Confederate States unconstitutional AS
for instance, No. Nv, LOT conspraces, preparations ana
attempts to lncite serIle lnsurrecti"nS, ana NO WI
by holding correspondence with the enemy Witao ne
cessity and without the permission OF the Confederate
States and No. XII, "of unlawfuy burning. Destroy
ing 'urng or attempting to burn destroy ~ ihJre any
bridge or railroad or Geographic line Of communication
or property, with intent Of aiding the enemy and above
al OF attempts to AVOID military service as u
apply to the principals q" substitutes applying to the
rshs Tribunals Of 'AeF country 10 'ne'f civil
congress nas just aS much right 10 suspend VIII ID
an action on the case They possess nut he shadow OF
power to suspend any writ OF haoeas Pus sued OUT !"
preenee OF right to suspend the privilege Of he wrt On
account OF any alleged or actual Commission u crime
whlch crime against the STATE government ana MOI
against the Confederate States see, Mr. Speaker BY the
late messags OF the PRESIDENT that One OF the mann rea
sons tor IT'S snspenson was 10 prevent 'ne
substitutes from applying to the Tribunals Vi Inc
country to test the civil right Of liability 70 military
vice. and the Senator frori New Hanover tn.
one OF the causes of the Suspension. ss this aimed
North CAROLYN. AUD !ese be judge found in this
State a=urely considering question, hold
10 the power this way to prevent the
State Judges and the Stare Courts from investigating
civil righ.st
But It maintained BY the Senator from New Aanove,
that the suspension If the privilege of the writ Of ha.
corpus suspends the lh 9th aud 18th articles Of The amend
men.s to the (onsttuon and likewise all other articles
and sections and clauses in the Constitution that in any
way interfere with his idea Of the object of the suspension
Now in The 6rst place. when tic fe1e,al CoDsttu on
IS adopted it certau, cud not have had any reference
T., the 4h 5th and sth articles Of the for the
and the senator to make good his theory must read ali
these amendments with the proriso unless the m
ury necessities of the country in time Of rebellion or
vasion shall otherwise require Aud it seems to me- that
nccdrg 10 the idea the Senators on the other side and
alsahe last Congress interpret tho Constitution (al
though adopted during the existence Of this very war;
as having this provso attached to every comusnd and
INJUNCTION uness the military necessities of the simss
shall otherwise require" Now SIR cannot agree in
ternoa,e This proyis in anv mart of and