Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1864-04-06

that, mo person shall be deprived of iberty with
out cue process Of law, and that in "all criminal
prosecutions" the accused shall enjoy the right of
speedy and public trial, by an impartial jury"
,l Ine Constitution also defines the powers Of the
Executive, which are limited to those delegated
among which there is not one authorizinx him to
ssaae warrants or order arrests Of persons not in
sctna; military service; or to sit as judge in any
cese 70 try any person for criminal offence or to
appoint any court or tribunal to do it. not provided
a0f 'n the Constitution as part of the judiciary.
Inc power to issue warrants and try persons under
SadA'haa accasatlons are judicial powers which be-
leag under the Constitution exclusively to the judi.
cary and not to the Executive His power to or.
Ger arrests as Commander Chief is strictly mill.
tary power, and is conned to the arrest of persons
soo)ect 70 military power as to tie arrest Of per-
sons IN the army or navy of the Confederate States
OF IN the militia, when in the actual service Of the
confederate States; and does not extend to any
persons IN civil life unless they be followers of the
camp or within the lines Of the army This is clear
rom that provision o. the Constitution which de-
elares that
"No person shall be held to answer for capital
or other Infamous crime unless on presentment
or indictment Of grand jury, except in cases sris
ing IN the land or naval forces, or in the militia
"nen IN actual service in time of war or public dan
sef But even here, the power of the President
as Commander in Chief. is not absolute as his DOW.
efs and duties in ordering arrests of persons in the
isad or naval forces or in the militia when in actual
service, are clearly defined by the rules and articles
OF war prescribed by Congress. Any warrant is
sueo oy the President, or any arrest made by him,
OF under his order, of any person In civil life and
not subject to military commsud. is illegal and in
plain violation of the Constitution as it is i'm 2ossi-
Die tor Congress by implication, to confer upon the
President the right to exercise powers of arrest ex
pressly forbidden to him by the Constitution. Auy
effort on the par: of Congress to do this is but an
attempt to revive the odous practice of ordering
political arrests or issuing letters de ezchet BY royal
prerogat've so long since renounced by our English
ancestors and the denial Of the right of the consti
totionel Judiciary to investigate such cases. and the
provision tor creating court appointed by the Ex-
ecutVe and changeabe at his will to take iurisdc-
ton OF the same are in violation of the great prin-
cipieS OF Magma Charta the Bill Of Rights, the ha-
oeas corpus act and the Constitution of the Confed.
crate States, upon which both English and Ameri-
can liberty rest; and are but attempt to revive
the odious Star-Cbamber court of England, which
IN the hands of wicked kings, was used for tyranni.
cal purposes by the crown, until it was finally abol-
lsned oy act OF parliament of 10th Charles The first,
which went into operation on the frst of August
164l This act has ever since been regarded ~ one
of the great bulwarks OF English liberty: and as it
was passed by the English Parliament to secure our
English ancestors against the very same character
OF arbitrary arrests which the late act of Congress
Is intended to authorize the President to make,
append copy Of it to this message, with the same
itsics and small capital letters which xre used IN
the printed copy in the book from which it is taken
1t will be seen that the court of Star Chamber"
which was the instrument in. the hands Of the Eng
lsh King for investigating his illegal arrests and
carry@g out his arbitrary DEGREES, was much more
respectable, on account of the character, learning
ana aolity OF Its members, than the Confederate
Star chamber or court of "proper officers" which
the act OF Congress gives the President power to
to appoint to investigate his illegal arrests.
am aware OF no instance in which the British
Ming mas ordered the arrest of any person civil
life, in any other manner than BY judicial warrant,
issued by'the established courts of the realm; or
in which he has suspended or attempted to suspend
ths privileges of the writ of habeas corpus since the
Bill OF Rights and act of settlement passed in 1882
10 attempt this in 1864 would cost the present
relgning Queen no less price than her crown.
The only suspension of the privileges of the writ
OF habeas corpus known to our Constitution, and
compatible with the provisions already stated goes
to the simple extent of preventing the release under
it OF persons whose arrests have been ordered under
constitutional warrants from judicial authority. To
this extent the Constitution allows the suspension
in case of rebelliontr INVASION in order that the
accused may be cefAnly and safely held for trial
but Congress has no right under pretext Of exercs
ing ihis power to authorize the President to make
illegal arrests prohibited by the Constitution, and
when Congress has attempted to confer such pow.
ers on the President if he should order such illegal
arrests, it would be the imperative duty of the
judges, who have solemnly sworn to support the
Constitution, to disregard such unconstitutional
legislation and grant relief to persons so ille-
gally imprisoned; and it would be the duty Of the
Legislative and Executive departments of the States
to sustain and protect the judiciary in the discharge
of this obligation.
By an examination of the act of Congress now
under consideration; it will be seen that it is not an
act to suspend the privilege of the writ of ha6eas
corpus in case of warrants issued by judicial author
ity; but the main purpose of the act seems to be
to authorize the President to issue warrants sup.
ported by neither oath nor affirmation and to make
arrests of persons not in military service, upon
charges of nature proper for Investigation in the
judicial tribunals only, and to prevent the Courts
from inquring into such arrests or granting relief
against such illegal usurpations of power, which are
in direct and papable violation of the Constitution
The act enumerat.s more than twenty different
causes OF arrest, most of which are cognizabe ami
tryable only in the judicial tribunals established hy
the Constitution, and for which no warrants can
legally issue for the arrest of persons in civil @ by
any power except the judiciary, and then only up
on probable cause supported by oath afirr aton,
particularly describing the persons to be seized
such as treason" reasonable efforts or cor Dina
tions to suovert the government of the Coat asrate
States, "conspiraces to resist the Lawful authori
ty Of the Confederate States" giving Ie enemy
laid and comfort "attempts to inclt !, servile in
surrection," the burning Of bridges Railroad,
or "telegraph line, !" "harboriug d.serters" ant
"other offences against the laws Of toe Confederate
States' &C., &c. And as if to pls q the usurpatior
OF power beyond doubt or cavi, the act expres,l,
declares that the "suspensop shS annv onlv tn tn
case persons arrested deai Led by the President
the Secretary Of War, or the General officer con-
mandang the Trans. MississiPl military department
by authority and under the ontro of the President
in the cases enumerated io/ the act, most Of which
are exclusively Of judicial cognizance, and in whicl
cases the President has Fot the shadow of constltu
tiona authority to issu warrants or order arrests
out is actually prohibi ed BY the Constitution from
doing 50.
This then, is not an act to suspend the priviles
OF the writ Of Aa6ets corpus in the manner author
ICED hy Implication. by the Constitution but til
an act to authorj ze the President to make illega
and unconssitur ional arrests, in cases which tn
Constitution YES to the judiciary and denies to tn