Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1864-01-14
WILMINGTON, n. O. JAN. :, 1864
EnbEEa CnrpIiR. etc.

The bill for the suspension Of the h06eaS corpus IN
the cases OF those who have put in substitutes. intro
duced into the Senate by Mr.. PHELAS, Of Mississippi
IA among the most striking and impOrtont measures
which have yet been brought before the country, not
excepting that putting in the principals of substitutes
of which howcver it may be regarded as the complement
the na ual aud almost Inevitable sequence, as with
out il the law alluded TO would be either OF no force
or ri least would be limited in lis operation, its
tiop being dependent any judge OF law OF any court
of superior jurisdiction IN any district throughout the
Couisderacy Ard, with the proYerbal uncertainty OF
the law and ae recognized tendency 81 opinions to Va
ry il Il eviL15 that there could be uniformity an
ticipo,ed end that while one judge might recognize
and enforce the law of Congress, another might dis
charge any petitioner claiming his Intervention as
against lis OPtla.ion.
With TIE mere tcegrGpE,c announcement before us
ani il ignorance Of the features Of the proposed
measure, my heightened discussion OF its merits
would be premature, and might be ulj4st. The
iaJers corpus has come to US from Englaud, and
70 Us, at Least, it is common law writ and
right. he policy of liz suspension is Of course
Gcba;eaD!e. The right and power OF Congress
TO ruthorz such suspension depends upon the Sd par
agraDh of the 9th section of tLc ls article of the Con
,i'dtign which says that the privilege of the writ OF
habas corpus sha not be suspended, unless when in
eoses Of rebellion invasion the public safety may
.ife it." That there is OF invasion is un'or,u-
natey too manifest TO require any proof II Consres:
believes the public safety requires the suTcnsion Of The
privilege Of the writ Of habca5 corpus, must pre-
sum- that the case is such Is 10 vest them with The
constitutional power 80 justify such suspension.
|, -, indeed, ~ extreme power, which only al ex
IRENE emergency will justify. 10 decide upon the ex
istcnce of such emergency deyO!vcs upon Congress
and carries with it rspcnsniIity which can netbe
rs evaded nor shrunk from. The emergency OF tn,
country is surely grave enough and pressing cnouga
We are compelled to come to the conclusion that Il!
question involved is Of wise discretion and SCUM,
policy aud not of constitutional power INVASION en-
othe clses expressly named in tie Constitution, prese
upon every State III the Coniederacy.
2 We wish distinctly to state that not advoca
ting the measure introduced by Senator PuELAN. A
We have already stated we think it too to cxpros
40 opinion regard to it. That it is extreme
ure all must be aware. That such, its enactment iu
To,vas q grave responsibility its warmest advocate
must oe forced to c0ncei2. We have only endcav0re,
to place calmly before our readers the constitutional
provision bearing upon it, in ignorance of which man.
futile daronciatons might iunocently be Launches
against it, Or in cOucealnen of which much opposition
might arttuy bat disingenuousy be arrayed against
There are considerations of policy which We simp,
suggest bat 90 not insist upon. ghey are OF lcas
worthy Of consideration and it is but fair that o re
want cassdsratio1s should be PLACID before tho h,i
of trn2 when its judgment upon any acts of its pub
lie servants is shortly t6 lie invoked. No good ca
come of any excited language or of any mere appeal
to passion prejudice. Indeed VIC truly say that
people situated are can afford 10 indulge in sue
things or sanction their Indulgence the part Of tb
conductors ef the press, or Of other parties.
Tie present siege of Chart s:on has already Taste
precisely six months This is the one hundred an
eighty third day Of the siere