Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1864-06-02

The undersigned, of the committee tbs part Of
the Senate to whom reerre that portion of the Gov
suspendug the privilege OF the writ OF habeaS not
ooncurrng the views embodied in the resolution submit
NIT the following report
In this very destiny when our fate as
free people hangs trembling the balance, when every
energy every resource, aud entire unaDimy among
people ndispensaby requisite to burl back the present
gigantic, and trust, final assault of the enemy. he
deems that the doty of this Legislature with
view to speedy Independence strengthen the Ex
ecuve arm to prov de for supplies and
the army and to for the wants of the families of
soldiers and that the Introduction Of other
gsation at this tme tending to question the patriot
and ability OF Confederate rulers and legislators lead
ing to debates of apary and political character and
ing to distractions and divisions of sentiment among
people, is unwse, illtmed, impotc, and traught with
danger TO our Nor does he accept as true ia cts
est nractons Of the Constitution by the Congress of the
Confederate States aud has yet to be pointed single
instance. If reference be made the tor conacrp
tion the ans1bsute law, and the law for essmens
the that he OF the county the only
of these and that by every supreme ud ca
question has tested these laws have bee declared
be const utiona Neither does he admit stated in the
second resolution that the act to suspend the privilege
the writ OF habeas corpus cohes the Executive win ju
dicia functions which Congress consitu anally
confer even judiciary ITSELF and set at naught the
most emphatic and solemn guarantees OF the Constitu
ton"
The poaoer in Congress to s-spend the privilege of the
of invasion rebellion, the public
ty may it's opinion, require 1t, is ndsputabe. If
reason that it justine. arrests other than upon judicial
supported by oath or srmaton, and is 10 deTo
rs engrafted upon Bill Rights and Constitution rom
the Enslish Magma Chara and Fill of Rights, the answer
n TO be toupd in The fact that these wers
T. apply to nation peace with foreign powers and ia
the enjoyment OF domestic guilty and the very grant
e the same Instrument, the Con stuon the power
Congress suspend the privilege of the great writ car
ries with necessarily, and make such ension efet
ua the suspension for the time being OF these
privileges In times of imminent deadly perlto the nation
when its very existence is eoparded these Ordinary
sonsl PRIVILEGES must be sacrificed aid subser
veIs and s1oordnste to the safety and existence OF thu
zd to act promptly: and the imperative of the
case the good CT the whole demand that the ordinary
maes OF the Law With iss inevitable delay should for the
crisis be dispensed with The suspension the privilege
of the writ ia extraordinary ndcia
sna 10 De IT, dire
privileges vouchsafed - the individual in other sections
Inc ana when the emergency arises these per-
is ndisputabe that in England from whence mainly
We derive our ideas of personal liberty embodied i her
Bill of Rights and Magma Charta, during the manv and df
ferent periods IN which the privilege the writ has
made they made by military sub IF S
warrants issuing from the Home Secretary other
government, and by judicial warrants
ported by oath affirmation. The undersigned further
the President sha cause proper officers to Investigate
the cases Of ali persons arrested as provision for their
detained than they could otherwise in due
The Undersigned submits that if the third resoInton
anything means that in event, nor under any
possible circumstances the suspension of privilege
OF the OF huOeGS De necessary jlstfabe
This mpugns the wisdom OF the very trainers OF our
suton for such be the CASE whence the propretv or
necessity of makngan express provision for its
comforting upon Congress the power in certain
suspend it?
The undersigned understanding that only such portions
of Governors message referred to the suspend
ing the privilege of the writ of habeas corpus referred
TO the committee of which be constituted part
feel at liberty to consider and report the subject mat
ter OF the 4h Resolution especially as another committee
has been appointed whom that subject specially
ferred. But that his position may not be misun
deutood be takes occasion to deny that che oct ITO Or