Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1864-07-27

sue out my writ, and you may award it; the return
is made-"I am held BY authority Of the Secretary
at War or President and it is ordered that no re-
turn shall be made either of my body or the cause
Of my detention" This return, thus ordered, closes
the bars Of my prison. I may study, at my les
ure the Bill of Rights and Constitution OF virgin
ia-the SIS of Article Of which says. Inc
any case, be suspended" But this law of Congress,
enforced by the President at will, authorizes my
seizure in court detains in prison, denies all 10
gal access to me, and keeps me . prisoner al WILL
subject to his orders. If this is liberty, have
been all my life, deludei student Of the writings
of the great "apostles Of liberty,
Gov Brown, of Georgia, has written message
to the Legislature of his State; the Legislature
have passed a very decided resolution on this sub.
iect. Mr.. Stephens, the second officer Ct the Con-
federate government, has made speech on this
law They all condemn it in unqualified terms.
need scarcely say sir that concur in their censure
and applaud their motives their acts, and their Dc
claratons Suppose in the madness of an over.
heated zeal, those eminent men were all arrested
ard Imprisoned by order of the President tor those
acts? Can it not be done? Is not the power CIV.
en- by this law? 1t given, at whose discretion Is 1t
to be exercised2 If exercised where is the RENE
dyY And vet We are free people-sovereign
independent sovereigntlesy Vain, mem
Gent feeble worthless pageantries, ii this Ia" IL
to stand and be thus enforced. -.
| Sir. Charles the First endeavored to seize hVe
members of the House of Commons by force, but
failed, and was punished in proportion to the enor
nifty of his outrage upon individual liberty ana
representative independence,
This law bestows on the President the power at
| will to arrest by his order, every member OF Con
gress, every member of each Legislature OF eacn
State each Governor of all the States, oil the judges
magistrates and officers of each and every State, at
will and detain them at will. And yet we are sad
to be a free people-soyereign States-with untram-
melled legislatures, governors and Judiciary. But
1t is said this power will not be thus exercised
It is lodged in safe hands! The President will not
abuse the trust. will never consent to hold my
birth-rght ut the will of any man who is empower
ed to act at will, and independent Of the mandates
| Of the Constitution and inhibitions of the law.
reverence law. respect authority. yield to all
proper lawful exercise of constitutional authority
But when this law tells me that as walk the
streets or sleep quietly at home, may be arrested
and imprisoned without complaint on oath at tile
will of the President or Secretary Of War, | can
but chafe under the soothing assurance that will
not be disturbed Il behave myself. Sir, this is
the language OF superior to an inferior. &c
knowledge no such relation to any man.
When we anslyze this law take it to pieces, welgf
each clause, and guage each and every power IN
sidously lurking beneath the general designation
of offences, and compare its provision, in the ag
gregate, or in the DETAIL to distinct affirmative in
h,bltlon in the Constitution the exercise of tn
granted powers, under the instrument, our reason
seems to be lost in the intricacy Of the artistic
labyrinth of accumulative, coercive restraint thu
placed upon the citizen. The law seems to hav
been drawn with the double purpose of ncealing it
hidden dangers, and cover;ly investing the Presi
dent with implied powers, which no one, Mindful
of the esprit and genius of the people, would
willingly expressly grant 1t is one thing to sus
pend the privilege Of the writ Of habsas corpus, bu
it is different thing to create new powers, YES
original jurisdiction where it never before existed
and place administrative remedies solely IN tn
hai.ds Of the executive.