Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1864-05-26

under the act il pr vided that the President sha
SO arrested or detained in order thai they may be
charged improperly deaoe unless they c0n be speed
! And, finally, it enacted that military or othe
officer ahal be compelled in answer to any writ of hobao
person detained by the authority OF the President Secre
tary of War &C. "but upon The certificate under oatt
o: tie officer having charge of one so detained tbs
such person tand by him for any Of tie causes spe
cfed in the act uP et sid authority luther proceeding
l. ascertao whether he enactment is With
the powers dlegated it is proper to keep IN mind VIA
are the privileges Of he writ o. hGbeds corpus and W
shal be to know what be Affected nsiitut ia
w. by suspension Of it, This writ isJhe offspring CT tn
love of liberty aid has been ia for ages by our ances
tors and ourselves the kandmad of freedom It's use
t. have enquiry made according to the rules of law of tn
II enquiry by the oper authority, there be
for detention, the person is set at liberty If there
cause be ls remaEded for farther deten'l3n or allowed
go at large upon bail Now these all the priv lege
of the writ Of habeas corpus The writ h1ds place 10
action until after the is arresed 80 tnat the
be privileges securities the attending ,h
mode of arrest the privileges of the writ
therefore clear power to suspend the privileges
the writ not to suspend the privileges secured
in forms attending the mode of arrest Ihey are too dis
tnct 70 be cnnded by cies OF Hcphsiry ant
thu dstneon IS paioy and noab observed In the Of t.
suspend the writ passed through the Senate ID January
1907, which Suspended it only when the person may have
been charged oath aud arrested by virtue OF
The writ was as eheotuay SUSPENDED oy hat Dill al
by this act and the Constitutional securities attending thu
mode OF arrest left untouched and unDpaed 1t
be then regarded settled truth that the suspension
OF the writ is suspension of the Constitutional forms
prescribed for and tia. Congress has no power
implied suspend other guarantee or civil
liberty provided the Constitution besides those secured
~ the writ alone Not1 tanding this the late act has
strobe OVER of the most import ant guards OF civil lib
eEy as express power had been conferred on Con
to suspend them Ike visa Thls while by paragraph
act is allowed Congress to suspend tbs privileges oil
the writ of hGoeas corpus in the emergencies mentioned
it by the section paragraph 10, il the most en-
phatc terms, declared that No warrant shall issue
but upon probable supported by oath or affirmation
and particularly describing the person to be szsd And
by paragraph 49, that no person shall De deprived OF his
liberty without due process of lAwhat is, law in its
regular of admes ration through courts Of jus
tioe." q Kents Com. Fec. a. paragraphs l8-4) The
beginning of this due hrst the charge on OATH
and the next step the warrant the to
be seized The third the arrest and until this takes
place the habeGS corpus has status, and cann posso
st this point the writ springs into being not
denied snd as here only its aid can DO sought Tor the trs
time; here for the fs time its privilege be derived
distinct aud Independent provi sions which guard the et
against false charge and the dangers OF general
warrant.
In my judgment Congress had the power to
pend every gulrd of civil liberty DO found in the
t. that he should not be held to answer for capital CRIME
unless presentment or indictment of grand
that he should have the ght speedy aud public trial
by an impartial jury and trial in the district IN which
the crime shall have been com ntted.
The habeaS corpus peculiar to the English peo
pie and ourselves. Asd complete lln8raton of the
surprising that it had existence here In sucn case no
provision would have been found for its euspenslou Bn
and to describe the to be ssizsd would
rave been rot oqy very proper out me more
ed by Congress- and any legislation dspensing with than
had been mere usurpation and void.
Such the general view have taken OF the act az it is
to reach invo wing offence WhateVer legal OF
on the question whether paragraph OF sec embraces
the OF citizen not Liable to military duty who neh
to the consutiona repositors Of the Law for decision
upon his rights yet there is too much reason to believe
does include such persons and such is the lhterpreta
tion put ~ The military authorites And as the
fer that it drawn to suit him and his exposition car
ries the Intended meaning of the paragraph
piles OF free and civilized rnment progided with
judiciary great and Independent branch of its conpo
vol no evasion attempt to evade military service that
is duo, but which merely aaks when honest opnons differ
matters OF controversy between citizen and cltzsn and
citizen and his government. If citizen owe not any mill
render it, wbsn wrongfny claimed of him he
has TO refuse to debt to the goVernment wronStuy
submits to investigation of the question before those
tribunals learned in such matters and appointed because of
suspend the writ in the alleged debt of money as in The
case OF the alleged de6t of service. This might
and likely would, hasten the payment of debt just
Just and so may serve to put men in the army exempt
by the laws of the land.
There is of Suspension ct any time Of
writ or the privileges of the writ if there be any differ
epce between them for any other cause either in En-
occurred E0ga1d between the passage Of the ha
6ed corpus act and the Revolution, luDnjng ough
either to dpprehend and deta'n. to and deain
1oh0ut bal such persons suspected IF conspiracy
against the King and his government.
There British in l777 which denied the wrto
persons taken of high treason, committed any
Or Who were CHARGED viii or snsnected o} T Of
crimes" (Hurd 1922
The other suspensions in England after our revolution
commenced in 1884, aud continued at intervals till 1902
during the storms of the French Revou ion They OF
the character those before, and affected those
who charged with cOnspring anst King and
lia government. The suspension during Shays rebellion
extended to crime suspected crime The attempted
other high crimes mfsde endan gerpg
the pesce, safety neutrality of the United Sates The
dea cannot he entertained for that the power
the writ granted such purpose
hat of depriving citizen of the privilege of lega
n into de his TO 81 m to pSFo With mnTy
II such power exist the sovereignty of the States
g at the mercy of the Confederate Government
Where lies the relief against the the
body of State officers By this act is deposited with the
alone Ills GoeIs aiope can give the dscha &c
he Senate and removed al will The appropriate tribu
las entirely overlooked the State judges thrust
sido without ceremony aud the Confederate Judge
who holds his Uice dur good behaviour ignored and
their placed ofier who lives on the breah OF
The Confedera Executive. If the state Officers not
oecsuse the Monument does not will it, and when the
rights of the State shall exist by such courtesy, they
Wiz cease to have any existepcsat all Ii is hard to d.
vine sufficient for dspacpg the civil tribu a's
already established. and substituting others dependent
1pon the Executive for their existence. The of
public til at the power will be abused, never
Constitutions protect their liberties. History ia too u
wrong allow them to forget for that eternal
1lgudnce IS the lrlce OF freedom.
1t manifest that rle act con 5Iaestha the nalttd,y
ball be invested with full TO arrest any person
Who may be suspected of any Of the vague and
charges mentioned and such the put
By general orders of Adutant General Cooper,
uspendng the civil authorities throughout the land ami
eqlay clear that also ccntempates that the order Of
he President for arresting OBTAINING citizens shall be
general oder to and detan all such as may come
within hs category of suspected personswhont naming