The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1864-12-14


Fowle, relating to the suspensian Of the
privilege OF the writ Of habsas corpus: .
Resslved. That the privilege OF the writ
Of habeas corpus extends no further than
Securing to The party under arrest the
right TO be carried before the civil tribunal,
to have Inquired into his claim 10 be dis
charged ar admitted to bail and. that the
implied power to suspend the writ. con
tanned in the Constitution OF the Confed+.
rate States. contemplates the suspension Of
this privilege emily.
Resoiped, That the provision in the Con-
sttatan of the Confederate States, tpat no
person shall "se deprived Of life, liberty
or property without due process Of law
was meant 10 deny to the Confederate TO.
vernment all power TO make any arrests
except upon warrant from civil tribunal
and that any arrests otherwise made OF
authorized by Congress. or trials excep,
ey due course Of law, except IN cases aais.
ing in the and or naval forces or 10 thu
militia, when in actual service, in time o.
war or prblic danger. are unconstltulion
al aud subversieu Of every principle Of civil
liberty, and that North Carolina could me-
see violation of this fundamental aud re.
served right in regard tie her citizens,
without the deepest concern.
Rssolved, That Congress has no consti
tutional power to impair the right TO !
speedy and public trial BY an Impartial
Jury Of the State and District wherein thu
crime shall have been committed" by nv
tharizing arrests otherwise than undel
warrants ~turnable beEnre the resalarl,
established constitutional tribunals sf th'
conatry. excep.in cases arising in the land
or naval forces. rr 10 the militia when II
actual service in time Of war or public
dsases.n
Resoire2, That our Senator's and Repre-
sentatives in Congress, be requested Il
protest. at all times, against every ia
iringement Of the foregoing principles o
civil rights AMI constitutional liberty.
Mr.. Saith, of Johnston. moved TO amend
by striking out all after the ward and
in the 18th line Of the FIRST resolution. am
Inserting a. follows. viz:
|" That The clause in the Csnfederat,
Constitution which authorizes the saspen
lion of the privilege Of the writ applies on
" to caves Of persons who may Stand CON
ni,ted for criminal or supposed crimina
0Teace., sad that 10 extend II beyond thu
10 the execution Of couscript law 50 rs t,
deny the right ~ inquire through the Judi
cla whether the person arrested is liibl,
or mt t. military service. is palpable ylo
latlpn Of me Consultation, utterly destroy
the power IT the States 70 preserve then
separate prgaalz4tIon and sovereignty, aRt
rsdaces them 70 absolute dependence u
he mere courtesy of the Confederate Go
,erraest for their simple existence"
Ar. Fosle accepted the proposed amsui
mest. and proceeded at length TO addrr.
the House ,asappsrt Of the resolutions. u,
regretted that circumstances should rende
it necessary far this General Assembly L
protes, Tor third time against an uaeen
stituiisaal a,trapt Oa the part 81 CoAgtes
to suspend the privileges Ol ,hs arll Of la
J.as corpus. Il had recently beea ss,erte,
" persln. necaptins high siii-ia. position
Il, RIchfu,nd tat trea.oa stalkrh a1rus'
III Soris Csrollaa. A bill ss.penlin. III
writ. al introduced doubrIs,, With spceis
! reference - this State. had alreal, pa.sr,
ane branch Of Saugrs.s in secret SESSION
AID 10 ali likelihood would saOn pass h
other. II tbs measure was adopted
would be By pc votes Of nenbers Of Con
gress from Mates the lsger portion q
which we're 10 the POSSESSION Of the enc
ny. It wasolr Iuiy as people not oal
10 ebay thv Constitution ourselves, but (
zee that others did 50; and il behneye. thi
Legislature 10 prolest Indignantly ia al
vance .gainst % paipable and d,ngerDss a
: infringe met " The rights 81 the people. b
The irresponsible representative. Of 6ctl
tons constituencies. lie adyertsd brieh
70 the inception Of the writ il tie Hagn
Chcsio. wrssttI by TIE bold barans al Run
nstuaH.s fam uo.k thnu~a