Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1864-05-05
WILMINGTON, n. c., APRIL 28, 1864.
sUsPE NsION OF THE PRIVILEGES OF THE
WRIT Og HAHEAs CORPUS.


1t probable thnt Of the late Congress OF
CoAfe Sa'es has theoretically given op
portuuiy for denao sueca appeals to the people Of tie
different States shat of suspendirg the privilege of the
writ of hGJcuS corpus in certain Although plainly
warranted by the Constitution Conederacy, has
attacked by gentlemen whose
telieerce have taught them better aid Whose char
ard position ought to have made them asi AIMED OF
ther disire 1t has been made the
Tor oppcsiron and excitement by those whose political
capital based upon tie promotion Of divisions, and peo
pie who oDy hear Of it matter Of news, have besn
made believe they themselves oppressed and
outraged.
1t true aud are admit that law may keep
the of the Constitution and yet be neither
Ist l!w Laws may be right, but they may not
be expedent Tie Courts Of the country the State Courts
have, bslicye, without exception far the
thogatiye decisions of their Supreme tribunals
cernet sustained the act of Congress legal and cons
tcDaI. Thi only sUsGins the competency Of
Congress pass he suspending the privilege CT the
and touch the question of the propotJ
ssy its doing. This is political and not legal
queson.
The euspea"n any privilege in favor OF the personal
liberty the citizen, of legislative power which
only the cearest ueCos3ity jutify. This think all
admit. necessity legislature be the
Judge, from the facts before it, and the difficulty
tered by any who desires investigate the subject
patriot and not partisan consists in inadequate
knowledge Of the facts upon which not only The Executive
recommendations but the consequent action Of Congress
based. The difficulty Is, perhaps inseparable from
war and especially OF state of like that in
which we fui Cu7seYes Can any one say that he pos
all thu data necessary for the formation and utter
of intelligent and positive opinion this cub
facft The country at g9 certainly is not do
think these facts could be spread broadcast without afford
ing enemy Information which might be, aDd doubt
would be- detrimental to the public service, the pub
tune struggle iEdepen
de CO, for property, and tor our institutions.
When We lock this subject calmly cannot but be
amazed tie conduct Of th0se who, without giving
attention the circumstances Of tie case, they
do letting them known to the public,
press vio uuq 1alded denuncations-
with exciting appeals not against the necessity OF the
Of Congress TOR OF that they not yet able to judge
ignorance of the facts, but against the action ITSELF
although tulionaity has been affirmed by the
COut and the whole question turns upon it's necessity
Unnecessary, Congress would have failed in its duty had
taken it. If necessary, then Congress either erred
s Judgment of the facts before it, guilty of
ubcaed for tr,rCiSe of pCwer-not stretch of power
power urdoubtable under the Constitution Only
nelevoerce will ibute tie motives
others especially where the circumstances negative The
snppostn credits them with such motives. Very
many of the members of Congress who voted for The
pen non Of privilege the witt habeas corpus
Of aervioe shortly to end. If they
preparing the rcd of oppression for the country they knew
that their backs would lie as bare to the backs OF
Others T. .osideEt that his will expire
the end of years from its commencement and leave
him Old man, with the and trials of
position involving aud trials with hardly example
or parallel i'll tho history of the world. He the foe
Numbering at our gates, and he bends all his
energies repel him. Congress doubt does the
same thing. They beth work i the country to The
of their knowledge ard ability yet, without know
cdge the facts without appreciation of the labors
Pc formed, demagOgueism seeks selfish promotion ard
politicians seek advance partisan ends by rushing
abuse what they do understand and by atrbuting
the darkeet these whose characters they
cannot appreciate, or wiiully nalign
suspension Of the privilege of tho writ OF hGbe0S
corpus may have been We do not know. 1t
may have shown that it sa5 necessary
OF that Is not necessary We selves
lean TO The opinion that the necessity to
require continuance this opinion is correct, then
the late suspension of the writ ought ID be
peaed aud viii be.
Why try make party capital out OF things
OF such vta the country things which ought
be viewed cOoy calmly and dlspassioaately These
who elecroIeer such capital demagogues of the
worst sort.