Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1864-08-30

Of the peace and for any speech or debate in either
house not to be questioned IN any other place, would
lose their privilege and become subjected to arrest
for advising his peers in counsel to abandon or Sc
cede from the Oonfederacy.
But If it were true that the isolated power to sus-
pend the privilege of the writ would if unrestrain-
ed carry With it. as incidental the power to arrest
without warrants OATH or probable cause, because
it would be convenient and render the exercise OF
the main power more efficient yet II the exercise
of such Incidental power be Internationally forbid-
deh without reference to any case OF exception the
accepted rule OF construction would separate rom
the principal the incidental power, and cut 1t on
1t would allow both the power and prohibition to
live and haye'each its separate, distinct and de1n-
ed existence. There are to be found in the Oonsti-
tuition many powers and correlauye prohibitions,
which may be rsshly pushed into conflict with each
other but interpreted in spirit OF moderation and
wisdom, they will be found to be, as whole, well
organized matter of various elements, constrained,
balanced, refined, and strengthened by the compost
ton, and not chaos of Earring discord. a few IL
Illustrations will clear the Constitution from the fal
lacy of the opinion that the act of suspension over
rides any part of the Confederate Constitution. 1t
annuls, it is admitted the Judiciary act to some ex
tent as to the writ; but it leaves the Constitution
untouched.
Thus by art I, sec l, it is provided, "That an
legislative powers delegated to Congress shall be
vested in q Congress of the Confederate States
This grant, of course invests Congress with all the
faculty of legislation, within the scope of the mat
tiers submitted to it. which belonged to any such
body of legislators and therefore allowed it to
sociate together in any form it might please many
different subjects, expressed or unexpressed by the
title of the act yet afterwards by sec. g. chap 90
it is declared that every law shaving the force of
law shall relate to but one subject, and that shall
be expressed in the title" 1t is certain that the
isolated power of passing acts Of legislation, gener
al as it is is constrained and limited yet both the
construed together. The power cannot destroy or
impair its limitation.
Again, by art l, acc. s, it is provided that Con-
gress shall shave power to lay and collect taxes du
ties mpostS and excuses" This eonfers an unlimited
power to lay taxes or duties exports. Elsewhere
however g. ehap. g. it is provided that no tax
Or duty shall be laid articles exported" &c. ex-
cept by vote Of two thirds of both Houses. =
Here again it is certain that the isolated power and
its limitation are consistent and the power must
remain Strengthened by the limitation.
Again, Congress is invested with the "power to
raise and support armies" Suppose that in anoth-
er and distinct clause 1t had been provided that
person under twenty-one or over forty five years of
age should be compelled to serve in the Confeder-
ate army. And Congress is fully invested with the
power Ito borrow money on the credit o: the Con-
federate States. Under this power it might bor-
row upon q credit of ten years; yet, suppose that
elsewhere in the Constitution it had been declared
that money should not be borrowed upon a longer
term of credit than five years. II is certain that
both the war power of levyihg soldiers, and the
borrowing power to pay them, had been more eff.
Gent if unrestrained than when hsmpered with
those limitations. But who in the national need
for soldiers or money, would think Of denying that
both powers curtailed by the prohibitionsY 1t
would be truly said that both the grants and re-
strlctions might and did well exist together and
must continue to do so.
In conclusion, maintain that to deny the writ
altogether or to issue it and under the plea of
pension to refuse to hear and determine the of
any citizen legally exempt from military service can
be excused only upon the ground, that any mode of
susPendng the privilege Of the writ constitutional
and overrdes the entire Constitution and places the
civil rights of the whole population of every age
and SEX at the feet oil the President and his army
And, in the case Of an officer Of the State claimed
by its sovereign power as necessary to the due ad-
mnstraQon Of its affairs, be excused only upon
the ground that Congress has the constitutional
power, by the act ofsuspenson, to destroy the sep
arate organization of the States to consolidate the
whole people, aud to destroy every vestige of State
sovereignty. Such Is the legitimate, unavoidable
consequence Of the conduct of those judges, who
quietly sit and refuse to give relief in such cases.
In the recent case of Burroughs VS.. Peyton in the
Court of Appeals, Of Virginia, to the-argument con-
testing the constitutionsty Of the conscript law,
on the ground that II might be used to destroy the
State government by sweeping its officers into the
army, that court said, Congress have no such
power over State officers The State governments
are an essential part Of our political system: for
upon the separate and independent sovereignty of
the States the foundation of the Oonfederacy rests
AL powers not delegated to the Confederate States
by the Constitution, nor prohibited by it to the
States reserved to the States respectively or to
the people thereof and the Confederate States guar
antee to each Republican form Of government
at is absurd to suppose that the government of
the Confederate S.ateS can rightfully destroy the
governments of tho States which created it. Aud
the powers conferred on it must be understood to
have been given with the Limitation that in execu-
ting them, nothing shall be done to interfere with
the independent exercise of its sovereign powers by
each State. Congress can have no right therefore,
to deprive State of the services of any officer ne
cessary to the action of its government And the
State itself is the sole judge to the officers that
are necessary for that purpose"
Thus spoke the judges to quiet the fears and
ealousies Of the States. But of what use is doc
trine so sound and so necessary for securing the
rights of the States against unconstitutional
scription, of State officers even-if the same
President who procures the law of CONSUMPTION,
which Of itself cannot effect such purpose, what
be its words, at the same time procure also
a suspension of the writ Of hd6edS c0rptsf where
by the judges shall hold that their jurisdiction is
paralyzed as to forbid them to protect against mil
itary invasion the very constitutional sovereignty
itself Of the States Can it be true that the power
to pass CONSUMPTION law is given with the limita
ton that in executing it nothing shall be done to
interfere with the independent exercise Of its sove
reign powers by each State" aud that the power to
suspend the privilege of the writ of hGbeas corpus
is free of thesame limitation? And moreover may
be used to the abuse and perversion OF all other
powers lying under that limitations A usurpation
so monstrous cannot be perpetrated in the face of
an independent judiciary, and under no circumstsn-
ces, withoutthe grossest fraud upon the States and
the people.
APPENDIX