Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1864-05-18

which guarantees that the accused shall enjoy the
right to speedy public trial by jury of the State
wherein the crime is committed. To maintain.
otherwise would be maintaining that Congress was
invested with the power to abolish the requirement
of warrant before arrest, and altogether to dis
pense with Jury, though the accused was not IN
the army or navy, nor was of the militia at the
time of committing, the offence. So far as prece
dent has gone to expound the nature Of suspen
sion Of the writ as contemplated by the Constitu
ton, it utterly rejects such an absurdty. The only
attempt ever made by the federal Congress to sus
pend tke writ was in 1907 The bill for that pur
pose which passed the Senate only, suspends the
writ in all cases where persons haoing been charged
"on oath" Nth offences endangering the peace
safety or neutrality Of the United States shall
haoe been arrested or imprisoned By 0irtue Of a
WARRANT from the President, Gouerzor, or per-
son acting under the President. >
The power, therefore, to suspend the writ does
not affect in the least the other guarantees of per
sonal liberty. 1t is palpable then, that an order
given by military man to seize the person Of a
freeman, not of the army. &c., without and
probsole cause supported by oath Or affirmation, is
void, and involves gross violation of the oath
to support the Constitution, which, if executed,
subjects the actor to civil action, and, with
or without execution justly subjects him TO q
court-martial, as much as quartering soldiers in
time OF peace on private persons against their con-
sent 1t is equally palpable, also, that if the CON-
mi.ment be regular, the accused is entitled to
speedy and public trial; and whatever power in
terposes to prevent it. is guilty of breach of Off.
cial duty. In my judgment it is the duty Of the
Judge to seek to afford such speedy and public trial
But alas it is said that such prisoners demand Tor
trial cannot be heard beyond the walls of their
confinement Their mouths ARE DUMB as Caesars
wounds; yet if they could speak out where the
official ear is not closed against the walls of grief
perhaps they might win the sympathy of power,
and once more embrace their families, or be allow
ed to weep over the graves while yet they are
fresh of the loved ones who have died in their alb
sence.
The duties of charity forbid US to believe that the
President is acquainted with the practical operations
of the military despotism which now pervades the
land. Unwilling to override and plostrate the
guards of civil liberty throughout the State, he
confines the suspension to an of small extent,
in which the military prison is erected. Over this
small spot waves the lack flag of martial law, and
all the rest of the State has apparently the sun
SHINE OF freedom resting on its bosom. Alas how
deceptive. Behold how it is managed! The mill
tary go abroad, and without warrant or probable
cause supported by oath they seize their prisoners,
and with all possible speed convey them to this
place, where the law is dead, and the sorrows of
captivity fall on walls Of stone. The arrested
not allowed to stop on the way where the writ may
reach them, and their cause may be heard, but are
hurried, at whatever inconvenience to them, Just as
they are caught up, sometimes half clad, without
permission to bid adieu to their wives or children.
In this plight they are exied from their rights of
citizenship, and cut of from every tie that human
ICES mankind
OF what avail is it, then, to the citizen that the
suspension should be confined to small spot, if
he may be picked up any where and spirited in
few hours to the fatal place? The Governor OF the
State, knowing of these outrages, has invoked the
counsel and aid Of the guardians of our liberties.
What they may advise or do, know not 1t was
said by the advocates of the ha6eas corpus in the
reign of the first Charles, that there is not ANY
Spirit erect and independent as not to be broken
by the long continuance of the silent and inglori
Gus sufferings of a jail" hope that in an after
age it may not be said Of this body that they took
warning of this truth and sought, by tanely al
lowing the inglorious suerngs Of others, to escape
with unbroken spirits themselves.
lfthey have not the courage to demand as free
men, !reemens rights, let them become suppliants
Tor women and children cruelty separated from their
husbands and parents. Let them march in body
in humble procession to the foostool of power, and
beg IN the of the broken hearted and helpless
speedy trial or enlargement on bail. If the SOW
ereign be himself free and brave man. he will &C.
cord to their prayers for the weak and forlorn
what he might we'll deny to their pusilanimity, but
had freely granted to their courage. With the
father of his country, l can say, "born in land
OF liberty, early learned to appreciate its bless
ings," and with the distinguished patriot of the
reign of Charles !, II am weary Of treading these
ways" DAVE.
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