Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1864-06-10

by process from the courts OF udlcature, or oy War
want from some legal officer having authority 70
commit to prison; which warrant must be IN writ
ing, under the hand and Seal Of the magistrate and
express the causes of the commitment, in order to
be exa mined into if necessary, 1Pon Adoeds cor
ptS If there be no cause expressed, the Goaler ID
not bound to detain the prisoner Tor the law Judges
L in this respect saith Sir Edward Coke, like fes-
tus the Roman Governor, that it is unreasonable
to send prisoner, and not to signify Wltha the
| crimes alleged" Obi. Com, Vol 1, p 1879
This is what was understood to be I" due process
of law" in England and in America at the time OF
the adoption of the. federal constitution, ana the
phrase is used with this meaning in that instrument
So the act does not stop at suspension OF the wiz
the object of which is to keep party IN CUSTODY,
but it abolishes the preliminary proceedings with
out which no arrest can be legally made. IL as
penses with the due process of law required oy
| the constitution, overrides that instrument and
delegates irresponsible, unlimited, arbitrary power
What field for spies, inforrners and PARISHES,
| for the indulgence of private malrce ana ponucal
animosity! What an encouragement to the nlgner
order of Villainies as well TO the contemplate
vices which spring from the habit of attending TO
| other peoples businessl 1t would be puerlle to
suggest that the power will not probably be abused
Any exercise OF the power to arrest by "order Is
an abuse of itself And in revolutionary tunes Ihe
rule is not that all the power conferred on the EN-
ecutve head is not used but that more Is useo thsn
SOhAASNSA-~~ O
py exceptions ...f
! But sir the Senstor from New Hanover, anticipa
ting the argument contends that the power to Sus-
pend the writ carries with it &c neceSsat9e, the
power to suspend the personal rights guaranteed IN
I other parts of the constitution. have known the
Senator for Along tr..sA4 haHa great respect Tor
him and greatly admire his trankness aEu oarI'
dor while confess to but little admiration for ms
logic or his sentiments Pray, sir, "A what scnool
of political philosophy was the Senator taugnt!
L hODls 4
certain that no old federaliSt or coDsohdatlOhiSt
| ever proclaimed SO outrageous doctrine. what
lawyer has ever before declared that the power 10
| suspend the writ of hG6eGS corpus, implicitly given
and surrounded with restrictions, carries with lt
the power TO annul or suspend express prohiot'OnS
contained in other parts of the instrument! SIR II
is far more odious than tho doctrine, high federal
one, that Congress can do everything not prohi5:-
ted to it by the constitution for it declares that
| Congress can do that which it is expressly forbid
den to do Besides the Senator is aware that these
| guarantees which the act would sweep away, were
| Incorporated into the constitution, 5y amendment
after the adoption of the original instrument, and
| he knows as a lawyer that by well known rule
of construction if there be any conflict between the
amendments and provisions of the original charter,
| the latter must give way But there is no conflict
| or inconsistency and they all stand tremendously
| together in the, Confederate constitution. The
truth is the Senator has candidy put the question
| upon the only ground which he can put II, and has
been compelled to appeal throughout his Argument,
| to higher law than the constitution. He boldly
| declares that in time Of great public peril, when
the existence of the nation is endangered Congress
can disregard any and all of the provisions OF the or
ganic law of the land which it has sworn 10 support
| and maintain both in sunshine and in storm. lie
also declares that the safeguards Of personal liberty,
| which We have copied from Magma ChGrtG and the
Bill Of Rights were only meant to apply to nation
| at peace with foreign powers and in the enjoyment
of domestic tranquility, and the argument Is, there
| fore, Congress can dispense with them all Can
there be more astounding assertion, sir, than that
this constitution, adopted in the opening morn of
the most gigantic struggle the world has ever wit
| messed, not intended for war as well as for
peace? The very extravaganza of these PROPOSE
tons makes them unanswerable.
Again, sir, in his extremity, the Senator seeks
authority for this suspension in the action OF the
colonial Congress during the revolution, and in the
fac; that the British Parliament has several tunes
suspended the writ and sometimes without suf-
fcient regard for the provisions of Magma CbGrtG.
But the Senator seems not to have adverted to the
fact that it many years before the adoption of
the federal constitution, and some years prior to
the adoption of the articles Of confederation, that
| Congress conferred upon General Washington ex-
| traordihary powers. de has failed also to remem
Der that it is the theory Of the English constitu
ton and of the common law that Parliament is ON
| npoteDI, and has the power to dispense with or
repeal the many guarantees with which the wisdom
of sEaaliShmen has protected the liberties of the
| people against the usurpations Of the crown Yet
the Senator's argument is, that because the Parlia
ment b as this power, the Congress of the Confede
rate States, owing its existence TO written con-
stitution and capable OF exercising only the power
expressly delegated to it and chose resulting by
necessary implications from the delegated power,
| possesses the same unlimited authority, and can in
fact repeal the rrepealable law OF the land. This
! sir, is his logic, and l do not admire it.
Now, Mr. Speaker, think this sound PROPOSE
ton; The only constitutional purpose for which
| Congress can pass an act suspending the writ Of
hGbeaS c0Tpus is to continue in custody persons
charged with offences against the criminal laws of
the Confederate government That is duly charged
with offences known to the laws And these Of
fences must be such as endanger the public safety
This must be so from general reasoning, for the
restriction is Of rebellion invasion 1ohen
the public safety may require it, and the public
| safety cannot require 1t unless it is impered.-
This view is sustained, in totidem Uer6is, by au-
thority: g The power of suspension is, by fair
! construction, limited also to offences endangerng
the public safety" (Hurd, 1872 Some of the of
fences enumerated in the act* known to the GRIM
inal code of the government, some to the military
law, and some to no law at ALL Of the first class
| are treason and conspiracy. Treason, however, is
not baable offence and there is no necessity for
the suspension of the writ to keep traitors in
custody. But what of q spy If lie belong to
either army he is amenable only to the military
law. If he be citizen Of the Confederate States,
unconnected with the army and in the service of
the enemy as spy, he is simply traitor. So of
dese-tion it is purely military offence, and no
writ of habeas corpus can take a deserter out of
the hands of the military. Why then enumerate
these cases Are these military Offences which
the existence of the privilege of the writ in way
affects;Spade to do duty by contributing to those
out some intimatlon Of which it was thought the
law would not be very acceptable to the people !?
Trading with the enemy is prohibited by statute :;
but if It endanger the public safety at all, it has
done so from the beginning Of the war; and if the
act has ever been enforced it has only been against
| 70 he