Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1864-06-17
Remarks of DIR. J. T. Leach.


Deli0ered IN the House Of Representatives. at Rich
m0nd, Hay 81, 1861.
DR.. Leach offered the following rcsolu lions which
weIc read first and second times, and re erred to
the Judiciary committee, and ordered TO be
printed
Resolutions declaring the Supremarg of Tie Grill
Orer the military Too.
WHEREAS, The preamble to the Constitution OF
the Confederate States declares the purpose for
which the States acting in their sOvei eign and in
dependent character entered the federal compact
aud that any violation of the terms is an outrage
UPON the rights of the States sub yersive of justice,
and Migrant uSurpation Of power by Congress;
and whereas, the delegation of power to tie Presi.
dent by the Congress- under the suspension of the
writ of habeaS corpus finds no sanction in the Con-
shIution, is unjust, oppressive and subverSive Of
the letter and spirit Of the Constitution; there
fore
ResOIOed, That the Congress had no right under
the suspension OF the writ of hdbeGs corpus to au
thoiize the President to arrest imprison and con-
denim the citizens of the Confederate States with
out due process of law, as laid down n article l.
section 16 Of the Constitution of the Confederate
States.
ReSOt0ed, That treason as laid down in article 3,
section j, OF the Confederate Constitution is clear
ly defined, and the punishment annexed is applica-
BILE only to the crime of leVyng against the Con-
federate States, OF in adhering to their enemies
giving them aid and comfort; and that Congress-
and not the President has the right to declare the
punishment of treason.
After the resolutions had been read Dr. Leach
said:
Mr. SPEAKER:-In Offering the resolutions read
at the DESK it is not my purpose to embarrass the
action of this House, set up any factious or
position to the prompt enforcement of any con-
Stituuonal act of this or any other Congress -
Humble IS am, were capable of such a motive,
should feel myself unworthy of the seat now
occupy. Neither is it my purpose to impugn the
motives of those who differ in opinion with me-
but as representative have the right to scru-
linise the acts of members of this. body
desire to call gentlemenS attention 10 the i'm
porIant fact that our first duty preliminary to the
exercise of the functions of legislators was to take
an oath to support the Constitution of thasc Con-
tederate States. | appeal TO gentlemen 10 say
whether they have done so, in passing at the time
aud under the circumstances. the law suspendinc
The writ OF bt6sds corpus. Let US look iEto the
mattcr-lrt US apply the rule and pluumet and see
II the act is in strict accordance with line letter and
spirit Of the Constitutions -...
In article list, section l6. of the Constitution of
the Confederate States we find the E,loUinr lam
guaGe: mo person shall be held 10 answer for a
capital or otherwise infamous crime unless on a
presentment or indictment of grand Jury except
la cases arising IN the land or naval forces or in
the militia when in actual service or public dan
ger, &C. Let US stop here and examine another
part OF the Constitution, referring directly to tho
suspension of the writ of habeas corpus Art. /
sec g. declares that 1.-THE privilege of the writ of
hGoeas corpus shall not be suspended unless when
IN cases OF Invasion or instruction the pubc safe
y may require it," 1t must be apparent to the
mind OF every intelligent mar that neither insur
iection or invasion will justify the suspension, IN
less the public safety requires it The public safe
~ alone is the pivot upon which the right of sus
pension turns and nothing else will justify it under
the plain construction of the Constitution
Let US pursue the subj=ct little further and 500
how the law operates upon constitutional rights