Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1864-07-05
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From the Progress

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the freedom Of speech and of the press and the right
Of the people peaceably to assemble &c. en0ins upon
every ei.iz-n the public duty Of contributing towards
tive and if there any departure from the forms ct
the Constitution Of dangerous character whether &C.
curing b. intention from over zeal in the puole ser
vice. assist in giving expression to the public dspprO'
baton; reasonable objection be urged to Inc
freest discussion if conducted in spirit Of eandor and
not Of faction giving all due credit for sincerity Of Pur-
pose ,.--,.,
and hope shall contribute something towards that re-
suit for shall never despair of the Republic
Herein lies the difference between our form of gov
out law and without rule directs everything by his own
tO and caprice" The active principle of Republic
desires ensave people, eRdeavors first to demoraize
and then subject them to the influence of fear as
governing prucI2e and as the Princes will can admit
Of question, nothing but instant obedience EH nves-
tgaOn of pubic affairs can be tolerated Aud the only
rstOraton if departures become 80 numerous as TO en-
danger the very existence of the Constitution ITSELF must
be By having recourse to first principles for Ito recall
to the ancient max ms is generally recalling them to
virtue" Of the three kinds of law, namely martial law
or the will of itary commander which is nothing but
military d-sposn, military law or that law which the
COnsItuon has prescribed for the government of the
army aud navy and which is alone applicable to the SOL
ders und sailors such, and the civil law alone govern
ing the citizens as SUCH the Constitution only recogn
es.the ast the civil law has control over the
soldiers and such, so the military law mas no
control the citizens citizens except as ancllary
toibe civil law, assisting in making arrests, DC.
But the Constitution recognizes the first, and no
state 81 the country can ever justify Congress in estao'
IT,
ton, the establishment martial law by overturnng the
CONSTITUTIONS necessarily destroys all ground for the right
fu existence OF Congress tSe-and every act othat body
looking in that direction Is revolutionary and an usulpa-
ton.
SUI pose General in possession of town, should deem
that absolutely necessary 10 the defence Of the
that marital Law should be declared hat 49, that
his viii should be the only law The measure OF his
excuse such action would depend in the public mind,
upon the degree of necessity for it could be only excusa-
bic, juSlflbe: like the distinction drawn by the
law between hOucide in seli-defenca aud BY an officer
fbn lf his HCial and q
might possibly arise hen the President who is the
custodian of the sword, might BE- historically excused,
that kind for which the public mind, in my opinion,
has not been in the slightest degree prepared Yet it
clear HAT Congress, which is legislative body existing
solely by authority of the Constitution and does not hold
the sword, never be either excused or JUSTIFIED
believe the people of this country ardertly at
tached to constitutional forms of liberty 1t is true
may hear that the Constitution was only intended
fol times OF peace which appears to be very remarka
bic language as OF the only two Constitutions adopted by
Anglo this continent those of the Uni
ted States and of the Confederate States, the
framed after eight years war, when the necessities Of
military must have been familiar and prominent
in the minds of the umers and the other just al the be-
ginning of the present conflict Some may also be heard
tDlSk that Constitution had been adopted. This is
like The condition of the Atheist arguing from his
defects against The being and pertecions Of Deity
Who when driven from every position denying the exls-
OF God at last reduced TO the extremity of
sign and piSh there God, for said he " the
belief Of God fills mans mind with scrupes and lays
him under restraints" The pjca! iDfidelS per-
nicous in their way the religious in theirs But
p bulk of the nation.
That Congress passing the act of the 18th February,
1854 suspendng the privilege Of the writ of kdGeG corpus
has papaby violated The Constitution appears to be clear
from more than point of view take it for granted,
that if Congress pass law imposing martial mil
itary law upon citizens such, confer such
power upon the President aud that Congress be want
ing in and flhulness in this respect is plain, from
its public confession IN the last act of two fagrau viola.
tons in the former acts in relation this writ If
lake the itself and the Interpretation given it by
the President in Order No 81 issued by the Adiutant
will he andi
uOns all to be made by military authority; the COM
missioner himself being military appontee.
The offences enumerated of three namely
sting criminal Offences against the government
III example such made criminal solely BY this
act, and attempts to avoid military service" These Of
fences must be either violations OF The military law ap.
picabe noue, till they have legally placed in the
army navy of the civil law if of the former then
The civil authority have power them and there
be- necessity for the suspension if of the civil law,
then no military judge can have any right Ofnyestiga-
tiOn conferred upon him. the military authorities
detiu except assistant to the civil authOri.
ties aud the Constitution eunfers power of sub.
jecliug The czeas such, to military law, this is u di-
rect attempt 10 establish martial law the country,
which Congress cannot constituonaily do. Again, the
paragraph Of the constitution under which this power ia
claimed is in the following words Art. /, Sec g. Parag
g. The privilege OF the writ OF hG6eas corpus shal
be suspended unless when in cises of rebellion nva
sion the public safety may require it. An passed in
pursuance of and by authority Of the Constitution
that extent, be taken part of that instrument and
for the sake of illustration be inserted therein Then,
this power is of liberty il be construed
strictly and, therefore, that all parts stand together
II must be controlled by all other restrictive clauses
the Constitution bearing upon its exercise Take for
ample the of treason, then by inserting
pending the privilege of the writ the Constitution would
read The privilege of the writ &C. in the case OF levy
ing against the Confederate States &c shall be
pended &c. but mo warrant shall issue but upon prob
liable cause, supported by oath affirmation &C., Il
Sec 9, parag 49, and no person shall be deprived of
life, liberty property without due process of Jaw, &C.
II art sec T. parag Isl which consruc ion will allow all
partsof the Constitution 10 stand together 1t my be
here remarked that there little opposition the
introduction of this restricted power suspend
llultl
may be- in he fact that the last clauses were only in
trOduced MA that instrument RESTRICTIONS BY way of
subsequent amendment cannot apply to the Confederate
states 0hs't9ilop snce they are Incorporated INTO Its
body From all If which, it fairly be concluded that
upon pr0oaoe cause supported by oath or affirm
aton DC, s constitutional prerequisite to the arrest of
any citizen not ab!eto the law mhary-thais being
In the army or navy This act therefore, denying due
process OF law and establishing martial law citizens
who ore not subject to military law, must be unconsttu
t.Onal and void to that extent
Again. the Constitution requires the complete concur
renee of two thugs-frst there must be relating
srebeon or invasion and it must endanger the public
safety If case of rebellion or invasion could occur nat
endaugerng the public s.st the power to suspend woud
not ARISE nor the other hand would it, if the public
safety could by possibility, be endangered without
THIS complete could only take place in a
criminal case and therefore, tie to suspend could
vice. by simply seeking Judicial investigation of their
liability to serve in the army nsvy, in the meantime
peaceably submitting to all lawful authority. '
TIE Constitution ouIy couers tue power suspend the
pnvlege OF the WRIT that is to stop for time the opera
lion OF ans protectOn To the personal liberty OF the ct
This confer. power upon Cong the
President and every other clause Of ae Constitution re-
mains as it Vas before :, .rs...
eqpcsdd that Congress is sole judge of the nsceSs-
ty fora suspens but the question the limitation OF the
power Sts wholly with the judiciary. think therefore
we must to the conclusion that the right of the ct-
to ths sEiege of be writ and the duty OF the Judge
to issue tue wE and nceed investigation under f.
may be slated to be that in all ciecqses ukosUe and in
all criminal cases where ciSen has been arrested under
due process Of LIV the right su3 duty exists unmpaired
notwithstanding the act of s1slenon Where sny citizen
Der
ceordng TO that provision Of the Constitution which per-
is the suspension, and the criminal law of the Confed
estates it is c0ntended that the proceedings must be
Tned BY the words OF the act If Congress forbds the
to ISSUE the Judge eannUt do but Congress only
4 FIRTH rnrpp .dinvo III,