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

cept the exempts named, On that line wecTlE
mostsssurcdly, sooner or ater, do what the enemy
never could do conquer ourselves. And if such
be not the object of the actf it is only intended
to conscrIpt men not intended for service nor with
view to fill lEe army, but COR the officials to take
charge Of the general labor of the country andth
various necessary aYocations and pursuits of life,
then the actis not only wrong in principle bhtR
exceedingly dangerous iq its tendency. q. est Be
come now to the last Of these acts of Congress u
the suspension of the writ of AGbeas corpus in GERS
tain cases. This is the most exciting, as it iso by
far the most important question before you. Upon
this depends the question, whether the courts shall
be permitted to decide upon the eopsdtatonslity
of the late ConScript Act should you submit that
question to their decision and upon it also depend
other great essential rights enjoyed by as s5lreer
men. This act, upon its face, eonfers upon the
President the Secretary Of War;, and the General
Commanding in the Mississippi Department..
The TWO latter acting under the controland AUTHOR
ity of the PresidenO the power to
OF, any person who may be simply charged with
with certain acts not all of them even crimes uniS
der any law and thus is to be done without any
oath or affirmation alleging probable cause as to
the guilt of the party. This is attempted TO be
done under that clause OF the Constitution which
authorizes Congress TO suspend the privilege OF the
writ Of hqIeas corpus in certain cases. -, sIs.'T
10 mYjndgemenS this act is not only unylse,
Out Qdn-
geIous 70 public hbeTty.J It's aneensttutiop aiity
does not rest upon the idea that Congress has not
got the power to suspend the privilege Of tins writ
nor upon the idea that the power to suspend 1t Is
an implied one, or that clearly implied powers are
weaker class and subordinate to others positive
ly and directly delegated. rs. Sd. s.i. ieF.. O.. ,.
/ do not understand the Executive OF this State
to put his argument against this act upon any such
grounds. He simply states fact, as it most clear
ly is that the power suspend at all is an implied
power. ~ There is no positive direct power delegated
to do it. The power, however, is clear and clear
only by implication. The language of the Consti-
tuition that "the privilege Of the writ Of hGbeas cor
pus shall not be suspended unless when in cases of
rebellion or invasion, the public safety may require
i" clearly expresses the intention that the power
may be exercised in the cases stated; but it does
so by implication only, just as it q mother should
say to her daughter, you shall not go unless you
ride. Here the permission and authority to go Is
clearly given. This and this only understand the
Governor to mean when he speaks of the power
being an implied one He raises no question as to
the existence of the power or its validity when
rghtiuy exercised but be maintains, as | do, that
its exercise must be controlled by all other restrict
ions in the Constitution bearing upon its exercise
Two of these are to be found in the words accom-
panying the delegation. 1t can never be exercised
except in rebellion or invasion. Other restrictions
to be found in other parts of the Constitution
in the amendments to the Constitution adopted after
the ratification of the words as above quoted. These
amendments were made, as Is expressly declared In
the preamble to them, to add further declaratory
and restrictive clauses" to prevent misconstruct-
ion or abuse of the powers previously delegated.
To understand all the restrictions therefore, thrown
around the exercise of this power in the Consltu.
ton, these additional restrictive clauses" must be
read in conjunction Nth the original grant whether
that was made positively and directly or by impli-
cation only. These instructions. among other
things declare that mo person shall be deprived of
life, liberty property without due process Of law,
and that The right Of the people to be in their
persons, houses, papers and effects against unrea-
sonable searches and seizures shall not be violated
and no warrants shall issue but upon probable
cause supported by oath or affirmation and partc-
uary describing the place to be searched, and the
person thing to be seized
All admit that under the clause as it stands in
the original grant, with the restrictions there set
forth, the power be rghtfully exercised only in
cases OF rebellion or invasion. With these additional
clauses, put in further restrictions prevent the
abuse powers previously delegated, how is this
clause comforting the power to suspend the privilege
othe writ ohd5eGs corpus now to read? In this way,
and in this way only: The privilege Of the writ
of habcds corpus shall not be suspended, unless
when in cases of rebellion or invasion the public
safety may require it," And no person shall be
deprived Of lie, liberty or property without due
process of law" And further, " the right OF the
people to be secure in their persons, houses papers
and effects against unreasonable searches and seiZ
ureS, shall not be violated, and no warrants shall
issue bat upon probable cause, supported by oath
affirmation, and particularly describing the place
to be searched and the persons or things to he
seized" ..,.. ...
The attempted exercise of the power to suspend
the privilege Of the writ of hd6eGs corpus in this
act, is in utter disregard in he very face and teeth
Of these restrictions, much so as q like attempt
in time Of profound peace would be in disregard Of
the restrictions TO of rebellion and invasion
the Constitution was originally adopted 1t at
tempts TO provide for deprivng persons 'of liberty
without due process Of law" 1t attempts to annu
and set at naught the great constitutional fright
Of the people, to be secure in their persons agains
unreasonable seizures" Itatempts to destroy anC
annlhiate the bulwark of personal liberty, secured
in our great chart to the humblest we'll as the
highest, that mo warrants shall issue but upor
probable cause, supported by oath or affirmation,
and particularly describing the person to beseized.
Nay more, it attempts to change and transform thu
distribution of power in system of government
1t attempts to deprive the Judiciary Department o
its appropriate and Legitimate functions and to con
fer them upon the President the Secretary of War
and the General Officer commanding the Trans
Mississippi Department, rather to confer then
entirely upon the President for those subordinate
named in the act hold their places at his WILL anC
10 arrests under this act to be governed by hi
| ORDERS ms, oy the constitution, never can d
done. Ours is not only government of limited
powers, but each department, the legislative, exec
utive and judicial, separate and distinct. Thu
| issuing of warrants, which are nothing but order
for arrest against civilians persons in civil life
! is judicial function. The President under tn,
Constitution has no power to issue any such. A!
commander-inc chief of the land and naval forces
and the militia when in actual service, he may or
der arrests for trials before courts martial according
to the rules and articles of war But he is clothed
with no such power over those not in the military
SERVICE and nOtsubect to the rules and articles o
war. This act attempts to clothe him with judica
functions, and in judicial character to do what nj
judge under the Constitution, can do issue order
or warrants for arrest by which persons are to b