Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1864-06-03
Remarks, of Hon. william A. Graham.

Remarks of Hon. william A. Graham,
OF NORTH. CAROLINA,
Dsliosrea in the Senate Of the COnedsr0te States,
May "a, 1864. 2-
s.. HABEAs CORPUS
The resolution instructing the Judiciary Commit
tee to inquire into the expectancy OF reporting
bill suspendIHg the writ of ha6eas corpus when the
present law susPending the said writ shall have ex
Tired was taken
Mr.. Graham, of North Carolina, proceeded to ex-
press his views in opposition to the present law and
to give his reasons why, in his opinion, another law
to the same effect should not be passed
Mr. Graham reviewed at lepgth the present law
and stated his objection to it. 1t gave the Presi-
dent Secretary of War and the commanding Gene
raj west of the Mississippi the authority to arrest
and ncarcerate but it was easy to show that though
this authority was by law, limited to these person
ages, in fact it was given to the military authorities
throughout the country. In proof of this he read
General Order No. l, issued from the War Depart
ment Immediately after she passage of the law sus
pending the writ Of habeas corpus.
In conclusion Mr.. Graham said he was opposed
to the law because it was Vioatiye of the Consttu
ton and vioaye of private right it interfered with
State legislation, and was likely to excite dssatis
faction among the people. The passage of this law
had touched a nerve of exquisite senslbility. The
illusions coming DIP to US from so many different
sources and different parts of the country not
out and the outs in but were the expression of the
genuine sentiment of the people. The people had
given their blood their treasure, their children, eV
erything to the cause, and they do not think any
emergency should require the sacrifice of their free
dom. They feel that with this power in the hands
OF the military saF resort. They do not feel that
it is necessary, for the purpose of arresting few
spies and dSloyal men, to put every person between
the Potomac and the Rio Graude under feeling OF
terror and apprehension: He might beiAsked what.
he would do? Would he let spies pass through the
country, and disoyal persons and enemies lncltlng
slaves to instruction and stirring up dlssaus1ac.
ton? By no means. Military commanders mad
the right to arrest all such persons and put them IN
prison. and if there were any good ground for their
arrest there was no anger OF their getting out on
a writ of habeGs corpus Generals should take the
responsibility of such arrests, and he (Mr. GrahaD)
would go as far as any one in passing bill OF IN
demnity to protect Generals who, by mistake or
upon false information, had arrested innocent per-
sons.
The feeling of apprehension produced by this law
should be removed from the people of the country.
The Leople should be talked to- with reason and
moderation. He did not alude to spies or traitors
But if Congress would explain to the people OF ev-
cry section of country IN which there might be dis
satisfaction, that everything that was being done
was for the public interest it would receive their
CORDIAL support Cancellation with our people was
better than force and terror. ThO people OF the
South were proud and sensitive people, and they
know that those high in authority derived their
powers from them. When they heaV OF law OF
this sort they say, "what have done that such
law should be necessary" fit was told them, ut
was not intended for you;" 81 don't know thai"
they reply; "some spy informer or other evil
disposed person may lodge information which will
cause my arrest and Imprisonment without remedy
under this law,
But the greatest objection to the law was the CON-
Eorf r 70 tha
| might go North and explain that We were a united
people and all that; but Mr.. Seward v Ill cell them
that this is all false that when they see such strn-
| gent measures enacted to arrest persons, merely
| upon suspicion, our government can have no hold
upon the affections of the people; the people are in
| such condition that they (the 4ankees) have only
| to perSevere little while to ensure a triumph.
| This law not only produces dependency and despair
in our own people, but it animates and cheers our
enemies
Mr. Graham then spoke of North Carolina If
any one supposed that anything in the condition OF
that State had at any time called for the passage OF
this law, that opinion was, in his belief, erroneous
| When Lincoln, by his proclamation, had declared
war, she said there was no neutrality for her. She
threw herself heart and SOUL into the contest and
| in the manner in which she had borne herself, In
her contribution to the in and means, IN the
valor Of her every battle field she well might
challenge comp 4risoh with any State in the Coined
eracy. He had learned from the Adjutant Genera
of North Carolina, that that State had contributed
t, the war ninetyseven thousand eight hundred and
eighty six men, besides two regiments the muster
rolls of which had not been received. OF this num-
Der there were now fifty thousand in the field.
When General Lee began the fight in the Wilder,
ness with that army which was the admiration Of
the world one-half of them were North Carolinans.
He knew rot what vas the number now, reduced
by the dead who were under the sod and the woun
ded in the hospitals. 49,
Alter some further remarks, Mr.. Graham said ne
had thought it necessary to express his views on
this law because it had come before the Senate II
two forms-ttre bill to provide compensation to
commissioner appointed under the law and the res
olu!ion now under discussion. He did not thlnE
another law to suspend the writ either necessary OF
expedient He was not prepared to say that ne wal
content that the present law should remain IN fore
until it expired by limitation. He thought the bur
cen imposed by it the necks Of the people shoul
be withdrawn yet if a bill properly guarded sus
pending the writ of hG6eds corpus should be brOugh
forward, be did not know that he should withhold
his vote. --'-.-