The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1864-05-24

or in the militia when in actual service under his or
ders If he is vested with particle of civil judicial
Jurisdiction where is the grant of it, and how far does
it xtend3 If he has the power to Issue warrant for
the arrest OF civilian suspected of violating law of
the Confederate States he may make it returnabe and
examinable before himself, and order discharge OF
require bail. 1t is certain that the suspension
Of the writ of habeas corpus does invest the Presi
dent with the powers of civil judicial magistrate and
if it could have that effect ii could not give him an
thority while dscharging his judicial Jurisdiction to
lay aside The restraints imposed upon the other judges
The course adopted by the administration of allow
ing the writ OF habeas corpus to ISSUE and OF forth
with checking the action of the Judge and suspending
all his farther proceedings ad h6u to await the
ports of military officers having custody of the petit
to the decision of the War Department in deroga
ton of civil authority is humliang to the adepend
ent character of the Judiciary and tends to the grea
danger OF liberty to familiarize the people with mill
| taSy supremacy.
1t must be remembered, however, that those are
merely my opinions. The Supreme Court, which alone
has the power to decide upon the constutionality
the law, has not yet spoken when it does speak,
give heed to its voice. long as the law remains
on statute books. But whether for constitutional
of merely policy, the people have
right to demand the repeal of any obnoxious law On
both grounds recommend that you urge Congress to
repeal the act suspendng the privilege CT the habeas
corpus or should you concur in the udement of Con-
gress that suspension is required by the exigeuces
of the times, that it should least be modified and
stripped of its unconstitutional tat leas obnoxious
| features. 'r& '.>a. t
|
first message had the honor send your body in
1862, speaking of the then existing authorizing
suspension of the writ used the following language
III have not official copy of the act but learn
from the newspapers that Congress has conferred
the President the power to suspend the writ of habeas
corpus in all cases of arrests made by Confederate
thority. If this be once admitted, is safe from
the power Of individual. He could at pleasure
seize citizen of the State with without excuse
| throw. him into prison and permit him to languish
there without relief-a power that am unwilling to
see entrusted to any living To submit to its
ercse would, in my opinion, be establishing prece-
dent dangerous and perncicus in the extreme" &C.
There is nothing of this am DESTROYS of taking
| away adding to. My earnest remonstrance against
the passage of the present act is herewith transmitted
together with divers other letters to the Confederate
authorities in relation to the execution of the civil
laws rights of the peopleF and which will convince
you, trust that have been &c uay Jealous to guard
against the inner well the outer dangers Whic
Many recurring dangers of serious conflict with the
Confederate Government especially in relation the
seizure OF principals of substitutes after discharge by
judge, have been upon me since your session. They
were fortunately avoided however; but their solution
would have been easy could but have had the assist
ance ofthe Supreme Court. greatly regret that you
did not see proper to comply with my recommendation,
when you were last in session. to authorize some one
to convene that body in of great Importance and
which admit of no delay can but repeat it now, for
| many obvious reasons.
Nor have |, amid all the embarras sments and per-
plexities of the situaon been unminu of the great
object of all blood and sufferine-peace-or neg
lectful of all proper and honorable efforts to obtain it,
Kuong the great desire Of people to save the pre-
cous blood of their children, if by any possibility an
opening might be found for the statesmen to supercede
the soldier, approached the President the first op-
portuniv presented by the cessation of hosties last
winter, and urged him to appoint commissioners and
try what might be done by negotiations had little
hope indeed, OF those commissioners being received by
the government OF our enemy, but thought it our
duty, for humanity's sake make the effort and to
convince suffering people that their govern
ent was tender of their lives and property and hap
! riness.
My letter to the Presidcnt'iast December and his re-
ply are sent herewith for your information.
respectfully recommend that you, the representa-
'es of the people of North Carolina should lay down
what you would consider fair basis of peace and call
upon Representatives III Congress, and those to
whom is committed the power of making treaties, by
the Constitution, to neglect fitting opportunity OF
offering such to the enemy. These terms in my judg-
ment should be nothing less than the independence of
those States whose dcSnies have been fairly united
with the Confederacy by the voice of their people, and
the privilege of free choice to those which have been
considered doubtful
| presume that no honorable man or patriot could
think of anything less than independence. Less would
be subJngaon, ruInous and dishonorable. Nobody at
the North thinks of reconstruction simply because it
is impossible With constitution torn into shreds,
with slavery abolished, with property confscated
and ourselves and children reduced to beggary,
slaves put in possession of lands, and invested
with equal rights, social and political and great gulf
yawning between the North and South, filled with the
blood Of our murdered sons and its laden with
the debris of our ruined homes how there be any
reconstruction with the authors of these evils, how
can it be desirable if it possible? Lincoln him
self says it is not possible docs Mr. Fillmore, a
man whom respected; and so do nine-tenths
of aher orators and presses The only terms ever Of
fered contained in Mr. Lincolns infamous proclaim
aton alike degrading in matter aud insulting in
manner, being addressed to the authorities Con-
federate State of the South but to Individuals who
by the very act Of accepting its terms would make
themselves the vilest Of mankind.
cannot too earnestly you, gentlemen, and the
country; against the great dangerof these insdious
with him for peace individually or by the formation Of
spurious States parts of States. Indeed might add
that look upon any attempts to treat for peace other than
through the regular channels provided by constitution
so long olE government is maintained almost equal
y dangerous is the real peril of the hour The long
continuance and bloody character of the have
haused the patience of our suffering people that many
them in condition to listen eagerly to terms of
without duly considering what the esults would be,
how they are to be acquired An example of this great
try in 1878 seduce the loyalty Of forefaters from the
cause OF independence by sending peace commissioners
to the Colonies with the propositions contained in Lord
Norhs conciliating bills These bills proposed to aboh
sh all taxation whatever upon the colonies except what
might be necessary for the convenience of
the nett proceeds of which go to the use of the
coones-to suspend the operations of all obnoxious sta
utes in reference to said colonies passed since 76 and
authorized these commissioners pardon all such persons
they proper and with the existing gov
ernments Individuals Here almost all the principal
matters of dispute conceded but our fathers had
organized government and had their hearts on indie
pendence Yet the terms offered fair that but for
the rmness and wisdom of the great and good George
Washington and the untinchng patriotism of Congress
the fate of this continent might have been changed.
greatwas the WEAKNESS of the people and gloomy
the prospects The danger of allowing commissioners
address themselves TO but Congress great