Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1864-12-21
SPEECH OF
Or ECCIl VT
GEN, DANIEL G.. FOWLE,


on Wednesday, December 8th 1864, upon his
resolutions relating to the suspension Of the
privileges Of the sorst Of habeas corpus.
1t is to be regretted, Mr. Speaker, that crcumstan-
ces la We rendered it necessary for the Legislature of
North Carolina, consider for third time, resolu-
tons in regard tie unconstitutional suspension of
tho writ Of kabcas corpus.
few days since distinguished member of Con-
gress from his place. upon the floor of the House OF
Representatives, announced to the world that per-
sors il, high official psition had stated that treason
was abroad in North Carolina, and were urging the
suspension of the writ of habeas corpus fur its sup
preston.
Other information equally reliable has reached us
to the effect that Congress is now engaged in Secret
Session. in considering the propriety Of the suspen
sion, and that it was expected that it would be done
Trough the vOtestf representatives whose districts
are iu possession of the public enemy.
1t is our daty as legislators not only to obey the
Constitution ourselves, but to enter our indignant
protest aganst its infringement from any qnarter-
We should, therefore, examine with care those safe
guards which sagaci"us statesmen, in olden times,
inserted in the Constitution for the preservation of
cur liberties, and insist in the of free and in
dependent people, that the rights guaranteed to US
y the Instrument which created the Confederate gov
tnment shall not be violated by the control which
ersons in high official position may exercise the
Irresponsible representatives of fictitious corstitu-
ency.
The people of North Carolina are emphaticaIly
coDstitutionloviug and lawabiding people, and they
Relieve that in every crisis which may arise that the
Constitution should be strictly adhered to- and that if
further powers are needed for the prosecution Of the
war; that the States should be called upon to confer
those powers, but that neither Congress the Ex
ccrve true to the trusts committed to their care
when they violate the provisions of that instrument
under the specious plea of necessity.
With these preliminary remarks let US proceed to
the examination of the subject embraced within the
resolutions now under consideration.
The writ Of habeas corpus was the offspring of
struggling freedom in the middle ages, and under the
sgis of its protection, civil liberty aud constitutional
law only find security.
History scarcely records a grander spectacle than
was presented at Runnemede when the bold barons
Of England extorted from weak and tyrannca
King and inserted amidst the glorious rights secured
in Magma Charta, That no freeman shall be seized
or imprisoned, but by the judgment of his equals
tie law Of tbs land" But when in the course of
time these bold men had disappeared from the scene
OF action, and the had strengthened itself by
many usurraons, this glorious principle entire
y dsregarded, and the liberties of the freemen of
England were dependent upon the will of tyrant.
Bat the seed had been sown in good ground and 400
years after the date Of Magma Charta, an adequate
remedy was adopted whereby the great privilege
therein provided for, was eecLually secured 1t was
effected by the passage Of the habeas corpus act.
passed in the sls year If the reign of Charles H. by
which the privilege of this writ is secured, except
in cases of rebellion and invasion, when the public
safety may require its suspension and the pro-
vision is incorporated into the Constitution of the
Confederate States.
Ia order to properly ascertain what power is vested
in the government by the suspension, and what guar
antee is taken from the citizen, it is necessary to ex-
anime what the privileges of the writ Of habeas
corpus, which may be suspended. For it is clear,
that if there other rights guaranteed to the citi.
separate and distinct from those attending the
privileges Of the writ that the suspension of the priv
ileses OF that writ would not deprive him Of those
rights otherwise secured. For instance the Consti
tulion provides that "no person shall be subject for
the oence to be twice put in jeopardy Of life or
limb" nor compelled in any criminal case to be a
witness against himself. Now, it is clear that as
these guarantees are entirely distinct and separate
from the privileges secured by the writ, that their
suspension would not empower the government to
try man second time for the same offence or COM
pei him to be witLess against himself.
What then are these privileges answer, in the
words of the first resolution, that the privilege of
the writ of habeas corpus extends no further than
securing to the party under arrest the right to be
ried before civil tribunal to have inquired into bis
claim to be discharged or admitted to ball. and that
the implied power to suspend the writ contained 10
the Constitution of the Confederate States contem-
plates the suspension of this privilege only. That is
to say, that when man has been properly and le-
gally arrested for criminal offence or for supposed
criminal offence Congress has the right to prevent
that man, under certain specified circumstances from
sueng out bis writ to have inquired into his claim
to bo admitted to bail or be discharged. say for
criminal, or supposed criminal offence, because the
opinion of Chief Justice Marshall in the case of Boil
man vs. Swartwort, and recent decisions in Our own
State clearly show that Congress has no power to
suspend its privileges except against these classes
and His Exceency, Gov. Varce, considered the mat.
ter 20 clearly settled that In his Wilkesboro speech
he declared that be supposed no man of any lega
knowledge would deny the proposition. And ever
without any authority upon the subject, it would be
Vi lent presumption to assume that the statesmen
who inserted that clause in the Constitution, could
have meant for a moment that any condition of pub
liz danger could possibly require that law-abdins
and unsuspected man should be imprisoned withou
means Of redress or reIef7
Having sscertained then, the privileges which may
be suspended and the class of persons against whom
the suspension will operate, It IS clear that the sus
pension itself has no eject until the time has arrived
when the privilege could have been claimed had Their
been no suspension. This claim could, under co cir
cuinstances have been made, until after the persol
was arrested. So that if there are any privileges
uaranteed in the Constitution concerning the man
ner in which arrests shall be sde as these exist in
dependently OF the privileges secured in the writ 70.
If they are exercised at all it must be before the Wri
Can have any existence, the mower to suspend thu
writ cannot affect these anterior rights.
Therefore when the Constitution declares that nj
pers "shall be depri red Of his liberty without du
proofs Of law it is as clear as language can max
it that the suspension Of rights to be exercised ate
arrest made, does not deprive the czsn of his RICH
lie secure from arrest except under due process
law. TIE term used. g without due process of law
has we'll known Specification. It means that tn
hoeIty OF the subiect cannot be iuterfered WITH ex
cept upon q warrant or other process issued in &C
6 dance with the rules eff law, by some regularl
constructed JUDICIAL tribunal. 1t denies at once
tho President gf the Confederate States the right
ISSUE MS warrant for the arrest OF any person, b,
ass no Were in the Constitution Is he vested wit