Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1864-05-17

which guarantees that the accused shall enjoy the
right to speedy pubic 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.
ofsa warrant before arrest, and altogether 70 as
pense with jury, though the accused was not IN
the army or navy, nor was of the militia az 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 Oonsutu-
ton it utterlyrejects such absurthty. The only
attempt ever made by the federal Congress 70 sus
pend the writ was in 1907. The bill for THAI p9r-
pose which passed the Senate only, suspends the
writ in all cases DheTe persons hqUing been charged
son oath" Soith offences enddngsri"g the PsHeS,
satety or neutrality of the United States, shd@
hGUe been arrested or imprisoned 6y T'rt"e o.
WARRANT from the President, q GOGernor, ora per
son acting under the President =.
The power, therefore, to suspend the writ uoes
not affect in the least the other guarantees OF per
sonal liberty 1t is palpable, then, that an oraer
gives BY military man to seize the person oil
freeman, not of the army, &c, without Warrant anu
probable cause supported by oath or anrmatloh' Is
void and involves gross violation OF the oatn
to support the Constitution, which, II executed,
subjects the actor to a civil action, ana, WIN
or without execution, justly subjects him to
court martial, as much as quartering soldiers IN
time OF peace private persons against thelr con-
sent 1t is equally palpable, also, that II the COM
mitment be regular, the accused IS entitled 10
speedy and public trial; and whatever power IN
terposes to prevent it is guilty OF breach OIL ON
ciai duty. In my Judgment it is the duty OF the
Judge to sseE 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 otg rlet
perhaps they might win the sympathy OF power,
tL.o;, "a, nr hn all0W-
ed to weep over the graves while yet they are
fresh of the loved ones who have died in their ao-
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 pIostrate the
guards of civil liberty throughout the State, he
confines the suspension to an area OF small extent
in which the military prison is erected. Over TINS
small spot waves the black flag of martial law, and
all the rest OF the State has apparently the sun
shine of freedom resting on its bosom. Alas now
deceptive. Behold how it is managed! The mill
tary 60 abroad and without warrant or probable
cause, supported by oah 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 arr ested are
Tot 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 nall Clad, without
permission to bid adieu to their wives children.
In this plight they are exiled from their rights Of
citizenship, and cut off from every tie that human
ICES mankind
OF what avail is it, tsn, 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 o! 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 hG6eaS corpus, in the
reign of the first Charles, that there is not "any
spirit so erect and Independent not to be broken
by the long continuance Of the silent and ing lori
Gus sufferings of 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 tamely al
lowing the inglOrious suferngs of others, to escape
with unbroken spirits themselves.
If they have not the courage to demand as free
men, treemen's rights, let them become supplants
for women and children cruelty separated from their
husbands and parents. Let them march in a Body
in humble procession to the footstoo Of power and
beg in the name of the broken hearted and helpless
a speedy trial or enlargement on bail. If the SOW
ereign be himself free and brave man, he will ac
cord to their prayers for the weak and forloTn
what he might we'll deny to their pusanimity, 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 l., 81 weary of treading these
ways" DAVE.