Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1864-12-21
judicial power, "except in cases arising in the land
and naval forces, &C."

not only the right to be arrested in the first instance
by due process, but all subsequent proceedings, his
arraignment, trial, condemnation and execution, II
be be found guilty, must be in accordance with the
laws. This distinction has been recognized both here
and in England
The bill which passed the Senate of the United
States in 1907 suspends the privilege Of the writ OF
habeas corpus in the very words of the Constitution;
but provides that the person accused shall only be
arrested by virtue of ga warrant" and only then
when he is charged on OATH" with the commission
of some offence. This indicates that the suspension
of the privileges Of the writ did not interfere with
the guaranteed rights concerning the mode of arrest
The various acts of parliament passed from 1879 to
1887 are equally conclusive as to the justice OF the
distinction.
This writ Is peculiar to England and America
pom the continent its provisions are unknown, un-
less recently introduced Now, suppose that instead
of suspendhg the privileges Of the writ, when the
public safety required it, the Constitution of the Con-
federate States had expressly declared that no person
should be entitled to it under any circumstances
otb words suppose the writ itself had been abolish.
ed Under these circumstances it is clear that a man
once arrested could not be released until he tried
aud acquitted but is 1t not equally clear that his ar
rest must be made in accordance with those provs-
ions of the Constitutions which still remained, and
were entirely independent of the writ?
suspending the privileges If the writ, attempts to
deprive cur citizens of their liberty without due pro-
Cess of law and suspend clause Of the Constitution
which they have no power, and which they have
sworn to preserve nviolae, lii the language Of the
I'd Resolution, such legislation is unconstitutional
and subversive of every principle Of liberty"
Another of the great rights secured in the Consti-
tuition, is the right to speedy and public trial, by
an impartial jury of the State and district wherein
the crime shall have been committed"
The remarks which Ihave already submitted, show
that this right is also entirely Independent of the
power of suspension. And yet what have we seen,
within the last twelve months? Men have been ar
rested upon warrants issued not Only by the Presi
dent, bat without any warrants at all, at the mere
will of some petty officer, prompted in many cases,
not by the desire to secure the public veal but by
private auimosity aud they have been incarcerated
for mouths without any definite charge being made
against them. They could Obtain no speedy trial,
because not being arrested under the warrant of any
judicial tribunal there no tribunal before which
the writ was returnable. Under the view taken by
Congress- judge could issue his writ, and the citi-
zen neglected and forgotten, pined In confinement
in land where liberty is declared to he brthrght:
MIR. Stephens, in his great speech before the Georgia
Legislature, mentioned several cases which be denomi
mated as cases OF shameful outrage" North Caro-
lima can show her list Of innocent men who have thus
suffered and the walls of Castle Thunder have wit
messed the sghs and sufftrings of many who were
better at heart, and more devoted to their country
than the iuformers at whose irst -ation they were
incarcerated. How can we expect that the smiles of
a beni6cent providence will be vouchsafed to our
cause, when we, in the of freedom, perpetrate
the grossest tyranny? The responsibility of these
outrases rest in part upon us, and 1t is our duty as
Legislators, to DO all 10 our power, to shield every
citizen from wrong and oppression.
Now, Sir, what are tue reasons given for the ne
ccssity Of this suspension
LIST. There is treason abroad in North Carolina
This IS the charge made by persons in high official
positions. In days that are past the honor.and in
tesrlty OF North CsrsliDa were unmpeached aud un-
lmpeachable and during the gigantic war that is now
Wsglng the blood OF her sons has ensanguned hun
bred battle fields, aud their achievements have COW
cred her with imperishabe renowu.
But yet the charge is made that treason turks with
In her borders. Ii there be single North C.ronan
who has been guilty Of treason to the Confederate
government let him be arrested and punished accord
ing to law. If hers a traitor, let him meet trail
tors doom. But this wide sweeping charge of dis
loyalty, against the fair fame of our noble and proud
old State, In the name of her people, pronounce q
base and unmitgated SANDER.
1--we months have scarcely elapsed since the Chief
Magistrate Of our Confeleracy declared at Salisbury
that North Carolina had been sandered and again al
dodsboro, that her fair name had been n,aligned by
her enemies. But now, persons in high official posi-
oDs are again engaged in this work Of detraction
1t pains me to say that North Caroinians have beer
found so devoid Of sense of shame as to give the
aid to the propagation Of the SANDER.
would not detract particle from the Just meed
OF praise that is due sisters in the Confederacy
but none OF them can present brighter record thai
North CAROLINA
N bile old Virginia has her Pierpont and her Car
lyle, and has supplied the enemy with MANY thous
and soldiers. The gallant but misguided South Car
. DINA, through enc Of her abest and most distip
guished sons, has put forth to the world, the broa
declaration that two governments cannot exist with
the limits of the old Union, without the establish
ment OF military despotisu, and has argued to sho,
tnat submission and reconstruction were preferrabl
to this lie has received the endorsement Of at lea.
portion of her soldiers in the field aud the sileu
approval of two thirds of the counties which CON
pose his district at home.
georgia, through her Commissioner, since repudi
ated has consulted face to face with Lincoln at VAST
lnstop, as to the terms upon which the contest ma
be terminated.
Alabama has been deserted by one of the chose
representatives of her peope, who found refuge vi
der the flag of bis country's foe
Louisiana has, in part, returned to the Uninn, ar
! .-A'o0
missions under the government which recognizes
Its nag the stars and the stripes, and whose chi
maxim OF public policy is the restoration of the u
len.
North Carolina has done none of these things /,
from the commencement has exerted every nerve
secure the independence of the Southern Coufeder
cy. Her dead, lying upon the fields of their glor
bear silent evidence of her heroism and constancy
Why is 1t, then, that she should be regarded wit
| rrSf ond
Speaker.
North Carolina left the old government from d
ferent principle from that which actuated many
the States of the Confederacy. Many of them behe
the destruction Of the Union with joy, and were Gag
to embrace every opportunity to work its downfa
They hailed the election of Abraham Lincoln as d
suspicious period, and took advantage of that eve
tor the purpose of precipitating this Revolution
North Carolina loved the Union, and announced b
discrimination to stand by it 30 long as her guara
teea rights were unimpaired. An ardent attachme
for Constitutional hartv ,,,o,,