Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1864-04-20


proper way, but that even in Engand, where Par
lament was unrestrained they had not since the
settlement, conferred upon the Crown the power to
make arrests so far as he was aware. % "l' 20
AT this point will briefly refer-to the suspen-
sion by our Congress, alluded to- the other night
by the distinguished gentleman, Eloa. A. ID: kee-
man, who lately represented this district; gen.
tleman whose remarks listened to with great deal
of interest," and whose personal friendship esteem
so highly He referred to the act of the OOnfeder-
ate Congress, passed October 49, 1852, and asked
Why we're there no objections made to that This
act he read have it before me. IL provides that !
the president, during the present INVASION, Snail
have the power to suspend the privilege of the writ
of hHbeas corpus in any city, town. or military dis
trict whenever in his Judgment, the public safety
may require it; but such suspensions shall apply
only to arrests made by the authorities OF the Con
federate government or for offenses agAinst the |
SAME" and in section I'd that 1.-THE President shall
cause proper officers investigate the cases of ell
persons arrested in order that they may be dis.
charged if improperly detained, unless they can b
speedily tried in due course of law'fs The Sd sec
ton limits the act to thirty days after the meeting
of the next Congress. .afs mtn o. sr..an..
The answer to the inquiry, why there was no
noise made about this act while there is SO much
made about the one lately passed, - two fold. In
the first place, this act applied "only to arrests
made by the authorities of the Confederate govern
ment"--" for offsnses against the same" The
proper authorities for issuing warrants TO arrest are
the courts, whose duty il Is to issue warrants for
arrests whenever oenses or crimes are charged up.
on oath or affirmation, stating probable cause The
section directing the President to cause proper
officers to investigate the cases, ect in its mme-
date connection with the proceeding had nothing
in it calculated to awaken, alarm or excite oblec
ton, for by "proper officers" all naturally suppo-
sedjudical officers only could bsmcant-judges who
would or might act in dscharging under writs OF
hG6eas corpus f that privilege has not been suspend
ed. Ia this connection these words seemed natur
ally enough to have meaning far different from
what they have when taken from their context and
put into this late act in which it is clear enough
they there intended to apply to other than
judicial officers. There was not then, nor now,
any objection, as far as am aware Of to the sus-
pension of the privilege of the writ Of ha6eds cor
pus in any city, town, or district, or generally
throughout the country if Congress really has good
reason to believe the public safety requires it and
if the power to suspend be constitutionally exer.
cised The objection to the late act is that it at
tempts to do what cannot constitutenally be done.
But in the second place IN answer to the inquiry,
why no noise was nede about the act of October,
1852, need only say that upon the bare statement
of the real and substantial objections to that act it
was admitted to be unconstitutional and void, be-
cause it attempted to confer the power to suspend
upon the President when, in his judgment, the pub
lie safety required it in the Localities embraced in its
terms. Congress alone, under the Consultation,
has the power to suspend the privilege of the writ
| They cannot confer this power upon the President
| or any body else. This is conclusively admitted
both by Congress and the President in the late act
for it is set forth in the preamble, Where's, the
| power of suspendng the privilege of said writ is
vested solely in the Congress-, etc. This is an adj
mission on the record that the other act was un-
constitutional and void. But to my mind, 1t is just
clear that Congress cannot confer upon the Presi
dent, or any other officer but judicial one the pow
| n orders warrants the arrest of
sons in civil life it was them and on the passageOfa
similar act previously that they could confer the
power upon the President to suspend the privilege
of the writ of ha6eas corpus. The late act is just
void the previous ones, and Cor like reason.
| In it Congress has attempted to do what they had
| not power to do. The first act on the subject was
assented to on the 9th February, 1862 That at
| tempted to confer the President the power not
only TO suspend the privilege of the writ of 6abeas
corpus in certain cities, towns, military districts
etc, but to declare martial Jaw, etc. This soon af
| ter was amended. But no one can say that during
the progress of these events that was silent Ny
sentiments upon the subject of martial law, against
| the unconstitutional uSurpations Of power, were
proclaimed throughout the Confederscy, as they are
now, and will be proclaimed against the dangerous
departures from principle in this act. Martial law
| has been abandoned, and | trust the departures
from principle in this act will te too. speak up
/ on these as wrote upon those. | have no incna-
ton to arraign the motives of those who disagree
with me. Great principles are at stake and feel
| impelled by high sense Of duty, when my opin-
ions are sought to give them fully, clearly, and
| earnestly. ..-.- ,.r Fa...
| few thoughts more upon the subject in another
view. These relate to the objects AMI workings of
| the act, if it be sustained and carried OUT You
have been told that it affects none but the dsloyal,
| none but TRAITORS, or those who no better than
traitors spies, bridge burners and the like and you
have been appealed to and asked if such are enti-
| lp1 n ToHi oh main
tain before the world, that this act affects and may
wrongfully Cypress as loyal and as good citizens,
and as true to our cause, ever trod the soil or
breathed the air Of the South This shall make
| so plain to you that no man will ever venture to
| gansay deny it This long list of offences set
! forth in such array in the thirteen specifications
| are, as | view them, but rubbish and yerbiage
which tend to cover aud hide what in lis workings
| will be found to be the whole gist of the act
Whether such was the real object and intention of
| its trainers and advocates, l know not Against
their motives patriotism have nothing to saw
take the act as 1 find it The whole gist of it
lies, so far as appears upon its face coveFed I'D in
the fifth specification, the middle of the act It
is embraced in the words" and attempts to avoid
! military service" ... 5000 Pc. ...
| Here is plain indisputable attempt to deny every
citizen in this broad land the right if ordered into
service, to have the question whether he is liable to
military duty under the laws tried and adudicated
by the courts? Whether such was the real object
and intention of those who voted for the BILL
know not, but such would be its undeniable effect
| if sustained and enforced A man over fifty years
of age, with half dozen sons in the field who has
done every thing in his power for the cause from
| the beginning of the war, may, under instructions
from the Secretary of War; be arrested by the sub.
enrolling officer and ordered to camp upon the as
| sumed ground that in point of fact he is under
fifty Under this law, if it be law, he would be
without remedy or redress A case tn illustrate BY
occurred within my own knowledge last fail Or
ders were issued to examine the census returns of
1860, as to the ages of persons and instructions