Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1864-05-20

dispensing Win tnem nAu pee" NN-o -
and void. 49, y's--a No., .ry IN, "A
Such is the general view have taken of the act
"a il is supposed to relate to eries But the stat
ute is construed to reach cases involving no ouence
whatever legal OF moral; and though there Is some
difference Of opinion upon the question Wnetner
paragraph of sec l, embraces the case OF aclGIsu
not liable to military duty, who neither Hles nor re-
sists but simply appeals or tries to appeal 70 the
constitutional repositors Of the law for decision
upon his rights vet there is too much reason to
believe that the language is susceptible OF the inter-
probation that it does include such persons; and
such is the Interpretation put upon 1t oy the
nv authorities. And as the suspension was asked
by the President it but just to infer that it was
drawn to suit him, and his exposition carries the
intended meaning of the paragraph. -.
am unable to see any reason consistent with the
principles Of free and civilized government pro-
Vided with judiciary as great ana independent
branch Of its composition for suspendng the ha6eas
corpus in cases which involve evasion or attempt
to evade military service that is due, but which
merely asks when honest opinions differ to have the
point settled by those tribunals which settle allmat
tiers of controversy between citizen and citizen and
q citizen and his government Ii q citizen owe not
any military service to the government he has as
much right TO refuse to render it when wrougfully
claimed of him. he has to refuse to pay debt to
the government wrongfully claimed of him; and IT
in both cases. he stands fairly up and submits to an
investigation of the question before those tribunals
learned in such matters and appointed because Of
their fitness and skill it would be just as reasonable
to suspend the writ in the alleged debt of money
as in the case of the alleged debt OF service This
course might and likely would, hasten the payment
of a debt Just or unjust and so it may serve to put
men in the army exempt by the laws of the lan1-
There is no instance of suspension at any time
of the writ or the privileges of the writ if there be
any difference between them, for any other cause,
either in England or America. Many suspensions
of the privileges of the writ occurred in England DE-
tween the passage of the ha6eas corpus act and the
Revolution, running through period OF almost
century, and they all empowered the King either to
Gppreaend and detaiR or to secure and detGin Utth-
0ut bail such persons as are suspected Of conspiracy
against the King and his government.
There was q British act in 1777, which denied the
writ to "persons taken in the act OF high treason,
committed in any of the colonies or on the high seas,
or in the act of piracy, or who were charged with
or suspected of any of these crimes" (Hurd 1922
The other sus pcnsons in England after our revo-
luton commenced in 1894 and continued at inter
walls till 1862 during the storms of the French Rev
olution. They are of the same character as those
before, and affected those only who were charged
with conSpring against the King and his govern
ment The suspension during Shay's rebellion ex-
tended to crime or suspected crime The attempted
suspension in 1907 was confined to persons charged
with treason or other high crimes misdemeBnor,
endangerng the peace, safety neutrality Of the Uni
ted States" The idea cannot be entertained for mo-
ment that the power of SuSpending the writ was
granted for any such purpose as that of deprving
citizen Of the privilege of legal enqniry into his
obligation to perform military service in order to
fill the army with soldiers. If such power exist
the sovereignty Of the States is at the mercy of the
| Confederate government. Where lies the relief
against the CONSUMPTION Of the entire body Of State
officers q By this act it is deposited with the Pres
! ident alone! His officers alone can give the dis
charge-Confederat officers chosen without even
| the consent Of the Senate, and removed at will
The appropriate tribunals entirely overlooked :;
the State Judges thrust aside without ceremony
| and even the Confederate Judge, who holds his Of
flee during good behaviour, is ignored and in their
room is placed officer W no lives on the breath Of
the Confederate Executive. If the State officers are
not put into the army under such power In the Ex-
ecutiYe it is because the incumbent does not will
it and when the rights of the State shall exist by
| such courtesy, they will cease to have any eXs-
tence at all. 1t is hard to divine sufficient reason
for dispacng the civil tribunals already established,
and substituting others so dependent upon the Ex-
eSutive for their existence. The assurance of pub
lie men, that the power will not be abused,
er remove the fears of freemen, who rely only upon
written Constitutions to protect their liberties. His
tory is too full of wrong to allow them to forget for
moment that etIRdE UiglLdnee IS the price of free
! dom.
1. is manifest that the yet contemplates that the
military shall be invested with full powers to arrest
any persou, who may he suspected Of any OF the
vague aud ill-deerred charges mentioned; and such
Is The Interpretation put on it by the general orders
OF Adjutant General Cooper, thus suspending the
civil authorities bout the land and it is equal
y clear that it also csntempates that the order OF the
President for arresting OBTAINING citizens shall be
general order to arrest and ietan all such as may
come within the category Of suspected persons
without naming or describing the indvidua-and
each military officer who maybe deputed for that pur-
pose will be invested with perfect discretion over
| thn iilprfv uf in he In hata
and effect the President is intended to be empower
cd with authority to ill the land with military dep
utes who my seize any citizen without warrant or
oath of probable cause under a general warrant
from the President to arrest all suspected PERSONS
Such warrant is without precedent 10 England
for the last hundred years and during the entire
fury past has been iorbidden denounced and declar-
ell void.
10 my judgment the President is vested by the
Confederate Constitution with part of the judicial
authority, except in cases arising in the land and
naval forces in the militia, when 10 actual service
under his orders If he is vested with particle of
civil judicial jurisdiction where is the graut of it. and
bow tar does it extend2 Ii he has the power to is
sue warrant for the arrest of civilian suspected of
violating a law Of the Confederate States, he may
make it returnable and examinabe before himself,
and order discharge or require ball. 1t is certain
that the suspension of the writ of habeag corpus
dues not invest the President with the pow, OF a
civil Judicial magistrate; and if it could have that
effect it could not give him an authority while dis
charging his judicial jurisdiction to lay aside the
traints imposed upon the other judges.
The course adopted by the administration of allow
ing the writ Of habeas rpus to ISSUE and of forth
with checking the action of the judge and suspend
ing all his farther proceedings ad Rbtum, to await
the reports Of military officers having custody of the
petitioner to their superiors, and finally subeoting
the to the decision of the War Department in
deroGation of civil authority, Is hum ting to the in
dependent character Of the judiciary and tends to the
great danger of liberty, to f4miarze the people with
a military supremacy.
IL must be reInnml cred hnwezsr that thesa aro