The weekly intelligencer. [volume] (Fayetteville, N.C.) 1864-186?, 1864-04-12

Aooptia adser IN satcstj,n of wo. Il. Is xbsy
qaoeed These amendments Is were mad. n !, .s
pressiy declared in the p-ra,ati /. T., ;;.n, =, ,d
farther declaratery an-s restrictive c!aus,.s !,
prevent Hisconst. uctien ab,fs. os thu powers
! previously deieRatsi III u.ld. rstand ali tl. r..
stFictiohs, tAfe.ors, thrown sr.,a the as .,cse :,
this power In the Constitution, these ad. .s.i,n,
restrictive clauses Iulst ~ read in cuniancto
! with the original grant whether that was mad
positively and dir~ctay. -ssr by Implication onlv
These Instructions, ssr,".s 'etacr thing, declare
that NO person shall dc u p.ived OF iife Iihert
the right of the people b in their pc, so.s
hoas-,s, papers and eject, axaiast nnrea.oaabi
searches and kau $40: b. rio'usei and III
warrants shall ssae bat upon probable cause sap
ported by oath aEirination and Particularly d.,
ecfibng thc place 10 be searched, huL thu person
or thing - be -ssize<i"
IN ad,ni. that under tte clause rs it stands il
the erjsina. giant, with tn restrictions there su
i~tt, tse power can b. rghtfullv cxrrci. "a onl,
IN cases "f rebellion Or inv 4sion. With the atdi
clauses put in As sfucther restrictions to pre-
ven; zoe abuse pow ious!y dctrE ated no "
is this cause, c6ilerring the power suspend tho
privilege Jt the. writ OK habeus corp.. nov to b..
read la .ifis way. and in this way only: - The
privilege Of The writ of hu5sax corpus shall not be
suspended ani~ss when il, on oire...ion or in
rasion the public SHs<ty may feauire it. And no
person shall bc uepi. .cd "i lfc liberty OF prop
erty, without due process sf lam:' -tnd fn.th r.,
!" The right sf the people 10 bc,s.cure III their per-
sons houses, papers and effects aEainst unrea
able SEN cicx sn sri~uEss, ssa1 Ss Aisfa&saA
aud warrants shall issue baee n!,o. l'Tr.5 ab4e
cause, supported bv oath affirmation. an.i par
hcularly describing the place to be sear. II, and
the persons things to b.. seized
The attempted exercise of the power t. sus,rnd
the privilege OF the writ OF hnJeus coras in this
Act. Is the utter disregard in the Yer, face and
teeth of these restrictions, as much a like at
tempt in time of profound peace would be i'll di5re
gard OF the restrictions to cases OF rebellion ani
inv aston, As the Constitution WAS orig ally adopt
ed 1t attempts to providr for dcpfiring persons
lot liberty, without due t'roe,ss OF Law Ii at
te,npts to annu and set at naught the great con
sttutional fright" of the people, 70 b: SECURE ip
their persons against ''unrcasonable ari:urrs." 1t
attempt to destroy ana annihilatc the btiMaIk OF
personal liberty, secured in our great chart to the
humblest well the highest, that mo warrants
shall issue but upon probable cause. supported by
oath or atIirma ion. and :particularly Describing
the person to be 3D. Nay more. it attempts
change and transform tb dist ii,u ton ot pow ~,
in SYSTEM of government. 1t attempts to d.
prisc the Judiciary Department of its appropriate.
and legitimate functions, and to confer them
til President, the > secretary of ar, and h> Gen
eral officer Commanding the TrrnsM Mississippi De-
partrn-nt, rather to confer them entirety upon
the President. for those suhordinatcs named ia
Act hold tn .ir places his will and arrests u,-
der this Act to be governed by his o.di:s. This,
'bv tn. Constitution, never can b. done. Ours is
not only government OF limited powers bat escH
department, the gslative, execctive and ':icial.
are sepcr4.e :;It distinct. The issuing uf trIants,
which arc nothing bat orders for arrests again2t
civilian. or p.rsons in civil life, is judicial IlIic-
tiun The President. under the Constitution. has
no power to issue such. As c0:ama Ieicr in
chief OF the land and naval forces, and ths milita
when in actual service. hc may order arrests Tor
trials before CJur-s Martial. acco riding to the
rules and art.cl ; OF war. But h il clothed with
such power oyer those not in the military
vice, and subject the rules and articles Of
war. Tl;; Act attempts to clote him with JUDI cial
func eions, aad in i judicial character TO do what
Judge, under the Constitution, can do ISSUE.
tlers warrants for arrest, by which persons are
to he deprived of their liberty, imprisoned, im.,-
ured in dungeons. it may be without any oatl,
irnlation, rs to the probable guilt of the
party accused sr charged with any OF the offences
OF acts stated. This, VI der the Constitution, i'll
my Judgment, cannot b. done. Congress
te, no such power vi vsn our Chief Magistrate.
There is no such thing known ia this country a.
political warrants o. "te'fers de cdfchef This
Act attempts institute this order Of thing,
oi'us to our ancestors, aud SO Inconsistent with
cousi: utiOnai liberty.
.vhis Act, therefore. is unconstitutional. not b.
cause. Congress has not power to susl md the pri-
vilece of TIA. writ OF I"bras corpus. but because
they ave ,,osy.r tn do the-Shing aimed in
this attempted exercise of it, Congress can sn-
pend the priviic. oI the Writ-thc power ia cl
and question.d-neithcr IS the power. it
stands. obi .c,iunabl.. Georgia in The Con ion
voted asains: the clause comforting 1t IN the Con
s:itation originally adopted-;hat. perhaps,
Il wise and p.u1rn.-ot". But, with tn. restrc
tions subsequent!y adopted, Gere can be no Well
grounded objection to it. 1t Is. under existing
strictions, Il wise power. In time oi war, in
OF rebel inv sion. it may often be nec:-Sarr
exercise it-.h public safety may require it. 1
not prepared Is say that the public safety may
not require it l am not informed of the
reasons which induced the President to ask IL .
suspension o. the privilege of the writ at this time,
or Congress .o undertake its suspension As pr"vid-
I'd in thi, ct. l, however, know OF no reasons
that rcqu,:r it. and have heard of none. Eut in
the rrci+e OF an undi$ putcd power they have at
tempt-d to do just what cannot be done-to auth
orze illegal a.,d Unconstitutional arrctts-,hcrc
can be suspension of the writ, under system
Of go vernmcnt. against .stitutional arrests
there Can be no suspension allowing, or with "a
view to permit and authorize, the seizure Of per-
without. warrant issued by judicial officer
upon pr"Eab.c cause. supported by oath affirm
ation-tlie whole Constitution must BE- read too eth
er and SO read aud constructed rs that ever, part
and clause shall stand and have its proper effect
under the restrictions of other clauses.
Ii any conflict arises between clauses in the
original and the amendments subsequently, n,adr.
the rignH must yield to tn. amendments. A. ~
will previously made al~ yields t" the mo,ix-
cations Of sodicil Saci, OF cours., was the con
dition of the old Constitution with its amendments:
when the States oi tins Con lcd.racy adopted it
and it adopt ID bv these States with u. mean
ing. force and effect it then had. In c"nst: uing.
til .re!ore thtse parts of the old Constitution hic
We adopted, We stand just where We should have
stood under lik. circumstances. under it. it'll
these views it will clearly appear that under
Constitution Courts cannot BE- deprived of their
right or be relieved of thciI duty to enquire into
the legality OF all arrests except in Cases arising
in the land and naval forces militia, when in
actual service-for the government of which 81
different provision is made in the Constitution
Under Constitutional suspension of the privilege
OF the writ all the Courts could do. would be to
that the party w;s legally arrested ard held -
upon proper WaiTant-uFon probable cause. sup
ported by oath a affirmation setting forth c. .ne
of some vio+ition, OF law. Literally and TRULY
then the only effect OF Constitutional c1erci-,, ol
this power over the writ Of hudeus corp". bv Con
gress, is tn deprive person, alter legally contiu-
ed OF tn. privilege o1 discharge before trial, BY
giving bail. account ot in ficicncy of pruu
to pr"babi. cause either like grounds. Th.
sricitegc only can be su-peade,i. and not the writ
itself. The words OF the Constitution aptly
chosen tn express the purpose and extent To which
a suspension can 20 in this country. With thi.
view the power is a wise anc. 1t can work
ious injury to the citizen and it sufficiently guards
the public SAFETY. The party against whom grave
accusation is brought support I'd by oath aiir
alton, founded upon probable Cause, must be held
inr trial, and If fous,d h, guilty is to b. punish
ed according to the nature of bis olfrNce. The
Munstrous consequences ot any other view o! the
subj .ct are apparent. The exercise Of the power
BY Congres. my be either general or limited to
special cases as in tni, instance. If it had been
genera under anv other view y hat would have
been the condition oi every citizen in the land
The weAkcr would have been completely in the
power OF TT. stronger without remedy redress
ANY in the community micht seizo for any
motive for anv purpose, any other, and contine
him most onsiuily and shani9fu!lv. Cninbina-
tions OF several against few tight be formed for
like purpose, and there would be remedy or
retres, iinst this s1ecie of licensed lawiessncss
The Court. would be cIosed--al personal security