Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1864-08-31

II the peace and for any speech or debate in either
house not to be questioned in any other place. would
lose their privilege, and become subjected TO arrt
Tor advising bis peers IN counsel to shandon or 90
cede from the Oonfsderacy.
But if itWere true. that the isolated bower to suss
pend the privilege ofthe writ would, if
q, essry wish.it as Incidental the powsrto arsst
without warrant, or OATH probsble cause, because
it ~eald be convenient and render the exercise of
the main power more efficient; yet if the exercise
of such incidental power be Internationally forbid
dea, without reference to any case of exception the
accepted rule of construction would separate from
the principal the incidental power and cut it OFF,
1t would allow both the power and prohibition to
live and have each its separate distinct and
ed existence There are to be found in the Consti-
tuition many powers and correlatiye prohibitions,
which may be rashly pushed into d6hfict with each
other but interpreted in spirit Of moderation and
wisdom, they will be found to be, as whole, a well
organized matter of various elements, constrained,
balanced, refined and strengthened by the compost.
ton, and not chaos of jsrring discord A few IL
Illustrations will clear the Constitution from the fall
lacy Of the opinion that the act of suspension over
rides any part of the Confederate Constitution. 1t
amuls it is admitted, the judiciary act to some ex-
tent to the writ but it leaves the Constitution
untouched.
Thus by art /, Sec l, it is provided, "That all
legislative powers delegated to Congress shall be
vested in Congress Of the Confederate States. -
This grant, Of course invests Congress With all the
faculty of legislation, within the scope of the mat
tiers submitted to it, which belonged to any such
body of legislators; and therefore allowed it to as
soctate together in any form it might please many
different subjects expressed unexpressed by the
title of the act; yet afterwards by g. chap. co.
it is declared that every Law shaving the force of
law shall relate to but one subject and that shall
be expressed in the title" It is certain that the
isolated power of passing acts of legislation gener
al as it is is constrained and limited yet both the
power and prohibition are consistent and must be
construed together. The power cannot destroy or
impair its limitation. 80
Again, by art l., Fec. 8, it is provided that Con-
gress shall shave power to lay and collect taxes du
ties mposts and excuses" This confers an unlimited
power to lay taxes ordutes on exports. Elsewhere,
however, sec. g. CHAP g. it is provided that no tax
or duty shall be laid on articles exported" &C., ex-
cept by a vote of two thirds of both Houses
Here again it is certain that the isolated power and
its limitation are consistent and the power must
remain Strengthened by the limitation.
Again, Congress is invested with the "power to
raise and support armies" Suppose that in anoth-
and distinct clause It had been provided, that no
person under twentyo or over forty five years Of
age should be compelled to serve in the 0onfeder
ate army. And Congress is fully invested with the
power ito borrow money on the credit o. the Con.
federate States" Under this power it might boz
row upon a credit of ten years; yet, suppose that
elsewhere in the Constitutional had been declared
that money should not be borrowed upon longer
term of credit than five years. 1t is certain that
both the war power of levying soldiers, and the
borrowing power to pay them, had been more eff
cient if unrestrained than when hampered with
those limitations. But who, in the national need
for soldiers or money, would think of denying. that
both powers were eurtaled by the prohibitions 1t
would be truly said that both the grants and re-
strictions might and did we'll exist together, and
must continue to do so.
In conclusion MAINTAIN that to deny the writ
altogether to issue it, and under the plea of
pension to refuse to hear and determine the case of
any citizen legally exempt from military service, can
be excused only upon the ground, that any mode of
suspending the privilege of the writ is constitutional
and overrde the entire Constitution and places the
civil rights of the whole population of every age
and SEX at the feet OF the President and his army
And in the case Of an officer of the State claimed
by its sovereign power as necessary to the due ad
ADMINISTRATION Of its affairs can be excused only upon
the ground that Congress has the constitutional
power 10y the act ofsuspeDson, to destroy the sep
.arate organization of the States to consolidate the
whole people, and to destroy every vestige Of State
sovereignty Such IS the legitimate unavoidable
consequence Of the conduct of those Judges, who
quietly sit and refuse to give relief in such cases.
In the recent case Of Burroughs vs. Peyton in the
Court Of Appeals, of Virginia, to the argument con-
testing the constitutionalty Of the conscript law,
on the ground that it might be used to destroy the
State government by sweeping its officers into the
army, that court said, Congress have no such
power over State officers. The State governments
are an essential part of our political system: for
upon the separate and Independent sovereignty Of
the States, the foundation of the Confederacy rests
Ill powers not delegated to the Confederate States
by the Constitution, nor prohibited by it to the
States reserved to the States respectively or to
the people thereof and the Confederate States guar
antee to each Republican form of government.
. ut is absurd to suppose that the government Of
the Confederate ates can rightfully destroy the
governments of the States which created it. And
the powers conferred on it must be understood to
have been given with the Limitation that in execu
ting them, nothing shall be done to interfere with
the independent exercise of its sovereign powers BY
each State. Congress can have no right therefore
to deprive State Of the services of any officer ne
cessary to the action Of its government And thu
State itself the sole Judge as to the officers tha
are necessary for that purpose" "
Thus spoke the judges to quiet the fears ant
jealouses Of the States. But of what use is doc
|. trine SO sound and necessary for securing tn
rights of the States against unconstitutional
scription,-yea, Of State officers even-if the sam
President who procures the law Of CONSUMPTION
which OF itself cannot effect such purpose, what
be it's words can At the same time procure ais
suspension of the writ of habeas corpus? where
by the judges shall hold that their jurisdiction is
paralyzed as to forbid them to protect against mi
itary invasion the very constitutional sovereignt
itself Of the States Can it be true that the powe
to pass transcription law is given with the limits
ton that in executing it nothing shall be done t
interfere with the independent exercise of its SOW
reign powers by each State" and that the power I
suspend ths privilege Of the writof ha6sas corps
is free Of the same limitation? And moreover, ma
be used to the abuse and perversion OF all oths
powers lying under that limitationp A usurpato
an independent judiciary, and under no circumsta1
ees without the grossest fraud upon the States Of
the people. ::
.,- APPENDIX.
+ Az Arr nsaa) FIR .nnouor;no III. Mo;o.,v =, .-.,,