The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1864-05-25

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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 attempting to avoid
military service" To prevent the out
rage which may be perpetrated on an ians-
cent man not subject to military service
for merely attempting ito avoid military
SERVICE" unlawfulIy demanded, it is pro-
vided that Gin case of palpable wrong and
oppression by any subordinate officer upon
any party who does not legally owe militia
ry service. his superior shall grant prompt
relief to the oppressed party" and /" the
subordinate shall be dismissed from Office"
And as general protection Of the citi-
Zens against abuses, under the act, it 10
provided, that " the President shall cause
proper officers to investigate the cases Of
all persons so arrested or detained, in or
der that they may be discharged if impro-
perly detained, unless they can be speedi-
~ tried in due course of law"
And. finally, il is enacted that" no mil
tary or other officer shall be compelled to
answer to any writ of habeas corpus to ap-
pear in person or to return the body Of any
person detained by the authority Of the
President, Secretary of War;" &C.. "but
upon the certificate, under oath, of the Of
ficer having charge of any one SO detained
that such person is detained by him Tor any
Of the causes specified in the act under
said authority. further proceedings under
the writ shall Immediately cease"
In order TO ascertain whether the enact
ment is within the powers delegated, it is
proper to keep in mind what are the privi-
leges Of the writ Of habeas corpus, and we
!. shall be sure to know what can be affected
: constitutionally. by suspension of it.
This writ is the offspring of the love of lis
, berty, and has been in use for ages by our
ancestors and ourselves, as the handmsid Of
freedom. lis use is 10 have equity made
. according to the rules of law of the causes
: why persons are restrained Of their civil
freedom. II upon inquiry BY the proper
authority, there be no cause for detention,
the person is set at liberty. If there be
! cause he is remanded for further detention
, or allowed to 90 at large upon bail. Now.
these are all the privileges Of the writ OF
c habeas corpus. The writ finds no place
for action until after the person is arrest
eG. So that if there be any privileges or
J securities TO the person attending the mode
; Of arrest, these are not the privileges of the
; writ of habeas corpus, but exist indepen-
} IDENTIFY of them. And il is therefore clear
that power to suspend the privileges of
the writ is not power to suspend the pri-
+ vileges secured in forms attending the
, mode Of arrest. They are too distinct to
. be confounded by any species Of sophistry !;
. and this distinction is plainly and notably
/ observed in the bill TO suspend the writ,
: passed through the Senate in January,
, 1907, which suspended il only when the
, persons may have been " charged on oath" !"
r and arrested BY virtue of warrant"
!, The writ was as eifectually suspended by
, that bill as by this act. and the Constitu-
. tional securities attending the mode Of ar
, rest, we're left untou ched and unimpaired.
, IL may then be regarded as settled truth,
! that the suspension of the writ IS no sus-
pension Of the Constitutional forms pre-
| scribed for arrest, and that Congress has
no power, express or implied, TO suspend
any other guarantee Of civil liberty proyid-
ed in the Constitution besides those secar-
ed by the writ alone. Notwithstanding
this, the late aet has strobe over some of
The nest important guard, Of civil liberty,
as if IN express power had been conferred
on Congress to suspend them likewise.
Thus, while by paragraph 5, sec. Q, il is
allowed Congress to suspend the privileges
Of the writ Of habeas corpus in the emer-
gencies mentioned. ii is by the same Sec
ton, paragraph Is. in the most emphatic
terms, declared that /" No warrant shall is-
sue but upon probable cause, supported by
oath Or affirmation, and particularly de-
scribing the person TO be seized" Aud by
paragraph l6, that "no person shall be de-
i nriyed Of his liberty without due process Of