The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1864-01-12

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Mr.. Nliles,s ExAopsien iii.
We shoald before this time have indicated
our opposition 10 the passage Of the resolr'
tlou proposed by Mr.. rhclan, in the Senate,
which suspenda the writ Of haSeds corpus.
had Ne not felt assurcd that Il would never
pAss through Congress. We are sfill OF that
opinion. Nevertheless, ~ there Is nothing
certain IA this world, and - tho rssoiufion
10 question msy have more friends than we
ars aware Of, We feel II our duty to express
our views upon It.
Tho witt Of Asosas eospSs IL the great IN
strumsnt BY means of which We are enabled
70 msintain our personal liberty. II IL .
writ directed by . Judge TO tho proper Of
Acer, commanding said officer TO bring be.
fore him or some other Judge person who
has been imprisoned, and has made com
plaint TO tho Judge that he has been thus
imprisonsd without cause. It applies to all
casss Of unlawful seizure and detainer Of the
pesson. When the prisoner h brought be-
fore the Judge he hears his ease, and II he
think there b no canse to detain him he Is
released. II he think there IL cause to de-
tain him he IL sent back to await his trial.
To suspend this law IL TO make the Presi-
dent . Dietator-to clothe him with the
same power that 10 possessed blythe despotic
princes or continental Z e-to render
him utterly irresponsible TO any power on
earth. With this power the Presldent may
tomorrow imprissn any man, woman, OF
child within the limits Of this Confederacy.
He may shut up the prisoner where he never
can Do heard from, and that, too, without
his ever knowing what he IL charged with
Tho repeal Of the habsas corpus extinguishes,
iadeed, all law, or rather places all law In the
hands of the President. There is nobody in
the Confederate States whom he cannot seize
and imprison without assigning any reason
for the act, and without permitting him to
be heard in his own defence. He can send
files Of soldiers ct night to the lodgings Of
every member Of Congress and seize them
In their beds. He can do the same by the
Judges and the members Of the State Legis
lature, and, If they should ever be heard Of
again, they can never have an opportunity |
70 speak 10 their own defence. He can
break up the press by arresting those who |
conduct 1t, and thus extinguish the great
lights of freedom-a free. press, an honest
judiciary, and an Independent legislature
of single blow.
We are far from thinking that President
Davis contempiates any of these things,
when he applies, through the Senator from
his own State, for this power. We believe
he would use that power as judiciously rs any
other man would. But no man ought to be |
entrusted with it, not even Washington him.
SELF, were he alive, President, and DESTROYS
to obtain It. We can see no necessity for
the grant Of any such poweriat this time, or
ut any time, and while we believe 1t repug
nant to the feelings of the people at large |
we are unable to ste that the grant would in |
the smallest degree enure to the benefit OF |
the cause which we are struggling to main !
tain. As proof of what the people, in one !
State at least, think of the matter, we may |
mention that the Legislature Ct Alabama has
already passed bill rendering the refusal Of
q person having another in custody to obey
this writ and produce his person, or pre-
venting him from free communication with
counsel, q felony, punishable by three years
confinement In the penitentiary. We hope
Congress will take care not to endanger the
present relations Of the several members o:
the Confederacy by coming In contact with
the rights Of the States, in this instance so
significantly expressed.
The pretext for repeating the hab:ds sorp"s
Is the better enforcement of the proposed
conscription. Mr.. Miiss's bin may, there
fore, be regarded as pendant to. and com
mentary upon, the Senate bill. 1t proposes
10 abolish all the exemption laws heretofore
passed and to subject every man within the
limits of tho Confederacy to conscription.-
AL is very certain that there are some who
caunot serve from physical disability. and
that the soldiers will want bread, meat, and
clothing, Mr., Miles proposes that the Sec
Rotary of War, or persons appointed BY him,
shall have tho sole power Of determining
who IL to serve, and who is to be excused
Now - tuC 0CSst OttSay Va WI 10 tuo OIuCc1
Of the President, and can be removed at
pleasure, to bestow this enormous power on |
him Is to bestow 1t ON the President, already !
rendered almost omnipotent BY the repeal of |
the Aa5eas corpus act. We suppose, II the |
bill should become law, not less than three |
or four thousand persons would be found ne
cessary to carry out Its provisions, and the |
power and patronage, bribery and corrup-
tion, thereby created, would exceed imagi
nation. The subject was handled with cor.
summate power the other day In the House
by Mr.. Staples, who made it plainly appear
that there was ~ need Of any such law
'The great abuses of the times" said he,
A.grow not out Of the exemption act, but oat
Of TIE systems Of detaiL allowed by the Gov
eminent Here Is the mischief, and here the
remedy should be applied. 1t Is this that is
destroying the vitality Of the army and the
energy ofths struggle" He dwelt at length
npcn this point. and said that II the detailed
men we're pat in the ranks, the stragglers
s.~,.<sa,x l,a al ana AhA avoxn yat1cn Law snoAt