Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1864-06-15

CAROLINA STANDARD
~ = ! TTfE1F III I
fined the offence Of "holdiag intercourse with the
4sneuy without neeessity; ana with6Gt Tue pefmis-
sion Of the Confederate States that of advising
or melting others to abandon the Confederate
cause I" And Il these offences were now sewly crea-
ted by this act can any man say what does or does
not constitute thema The Mayor Of Richmond not
long ago advised party, brought before him up
on some vague charge Of conspiracy, never to say
''yes" &gain as long as he lived. What part Of
speech may not DO guilty under This act affirm
sir that no greater latitude of discretion was ever
given to dictator or exercised by imperial power,
chan is here given to the Chief Magistrate Of what
it was fashionable ashort time ago to call league
Of republican States - - soSN ~ s'' ~ -,
said awhile ago, Mr. Speaker, that no State can
protect Its own citizens BY its own writ. If the
writ is issued, the officer making the arrest and
having custody Of the party, returns under oath
that he holds him by "order" for some one Of the
causes mentioned in the act the only oath that
is made, and not at all adifficult one; and this is
declared to be sufficient return Thus, the party
is held by him, perhaps out of the State (beyond
seas) and out of the reach of the process Of our
courts until he is turned over, not to judicial trl
bunal for examination or trial, but to commission.
bottdp VI III SASh HiOS WlttA-
out judicial authority, appointed by the President
alone and dependent on his will, and it is thus that
the departments of power arc COMPOUNDED, and that
another provision Of the Constitution is suspended,
which guarantees to the accused speedy and i'm
partial trial by jury in the State and district wherein
the crime shall been committed.
But perhaps, sir, the character of this act may
be best illustrated by comparison and contrast
The Senate Of the United States in 1907, when
aofs hna o,l of 49,
time belonged to that body, passed the bill which
am about to cite, and which was almost unanim-
ously rejected by the House of Representatives
"Thss in al cases where any person or persons
charged on oath with treason, or other high crime
or mlsdemeanor, endangering the peace, safety or
neutrality of the United States have been shall
be arrested in prsoned by virtue of any warrant
or authority Of the President Of the United States,
or from the Chief. Executive Magistrate of any
State or territorial government or from any person
acting under the direction authority of the Pres
ident Of the United States, the privilege Of the
writ of habeas corpus shall be suspended" &C.
Mr.. Brown, of Caswell, with leave, stated that it
was then declared that the act Of 1907 proposed to
substitute the will Of President Jefferson for the
law of the land, and as the Senator said the House
of Representatives did almost unanimously reject it.
Mr.. Warren resuming: I am obliged to the Sen
atOr. was not aware of that historical fact but
abont that time that he in favor of the eternal
unremitting force of the Aabens corpus laws.
But desire to call attention to some of the fea-
lures of this bill which show an almost cotempora-
neous construction of this provision Of the const.
tuition in relation TO the suspension Of the writ aud
which sustalns me in my view of the present act
enlarged on oath" The bill was evidently
framed in view Of that provision oil the Constitution
which declares that mo person shall be deprived
Of life liNprtV WihOut dine ,nf
law" with treason, or other high crime or mis-.
demeanor." These are terms designating offences
which, by reference to the laws are made certain
Thus no man could be arrested unless duly charged
with specific offence against the government pre-
viously declared and defined by law and under
stood by the people. "Eadangering the peace,
safety and neutrality of the United States" To
sum it up, the writ was to be suspended only as to
persons lqufully charged with crimes affecting the
public systy
Sir, do not refer to this bill to recommend it as
model for imitation, but for the purpose OF show
ing how little there is in the present law which can
be commended or sustained; how grossly it violates
all principle; htw far it places the servant of the
people under the constitution ADORE the constitu-
ton, and above the once proud sovereignty of the
States; and how completely it makes that servant
the arbiter OF the liberties il not of the lives Of
his copntrymen.
The people deserve great credit for demeaning
themselves and it is to be expected and desired
that they will still continue to demeau themselves
so as not to become obnoxious to this most obnox-
ious law. The Ellis we have" are sufficient and
perhaps Qhough I do not believe it) the ultimate
liberties of this country may not suffer by being
held for time in allegiance But TIE history of
this revolution will, some day. be honestly written,
ed its verdict, will venture the assertion that un-
less there be reason to repen! Of two centuries of
Anglo American freedom, its memorable judgment
will consign oil such acts and their authors, Il will
not say advocates to an unenviablc Ienown.
To the third resolution do not think there can
be any valid objection. What we mean by liberty
in this country is, not license, not freedom from
legal restraints, but freedom regulated by law, and
defined protected and restricted by written consti-
tutions. This is American liberty
If felt disposed to discuss the fourth resolution,
have detained the Senate too long to do so. But
| am not disposed, and while it is properly en-
braced in the report Of the committee, having been
discussed in the same connection by the Governor,
shall neither enter into the details of what is
called the military BILL into the question of its
c,nsttutionaiity. The resolution is simply intend.
ed to declare the effect Of and protest against the
general unlimited Claim of power on the part Of
Congress which is contained in the first section Of
the act
I am not permitted, Mr. Speaker, to entertain he
hope that these resolutions will have any effect up.
on Congress. From what see to-day in. the pub
lie prints, believe that that body is prepared ia
disregard the solemn protests of sovereign States 10
matters vital to their interests, their liberties and
their repose. Yet it is not the less, but still the
more our duty to add our solemn remonst1 ance.-
If it accompiishes nothing more, it will at least
show to the people of North. Carolina, and to the
world, and to those who shall come after u.s. that
We still have some res.rd for the constitution I'm.
der which We live; that we yet have some recollec
ton and love Of our former freedom; and that ne
have the spirit and the manliness to condemn, if
we do not resist the encroachments of despotism.
Let the loyal people Of North Carolina who have
advocated Convention with, the hope that it
might strengthen our means Of defence and be- the
means in some way, of assisting in bringing this