The weekly intelligencer. [volume] (Fayetteville, N.C.) 1864-186?, 1864-04-12
~'Aa*<&y cu,f.,..

Established by .Aay,.a thorfa. IN. KiIl ~ Hit
.Ee "a @ooiition "f Stas Chamber. aud .h. ets:.t .
siie UFeat Right ct iiic wiz -of 9oJ-a< tl,.~, -
which - the mc1sns redress a a,nia.t vi..fina
'Aw' AMI other wron:-. against 1iyi.s s.eur,i ~
= ,eknowiedg.d In III. atuil.ioss OF III. 1 >ourt :,
star Chamber, III ],owsr was sk.,, .r..ih. K,r-
ans heirs and successors f,rever and cry M
Der OF his Privy C"nncis, to max sny n r.a: ..
my person ior oncrec or alleged criu.a exceu.
ine proeess OF law. 1;y :his Act III. nor,r -
the hing to issue warrants or ordors q; arrest
supported BY oath atir, asion, sett;ts ,o y
probable cause, which before, had h.cr o., :,
AS roy al prerogative, was taken aws. e-,, ; :
md bis successors forever The rulias NJ. ..
.narles l, gave his consent to the Act nai ,i1la
sg,n ~ ine power. Ne a.trward. h,ok4 81 II i. :
canlses- n,s- He lost his bead upon th, bloc.
Z NC S"osefasnt history OF ti..t .tri:e bet c,n
e pe"p,e ana the Crown of England, on .hi. ..fi
.'aer matters is not pertinent, to H.. obi or M
tore U.s. Suffice it to sar that il III :. n ;
ue.nsnt IS It Is termed is-;wce Tia. F,.l..,a,
Isss.se . new ne sh;o hsoss,s:a. Wnh,n ani Ma.y-i4
N1"1'. IN tnts settlement. all tho ancient fi,.ll,
ana iiotrties of the English peo,l. IL. .ir,,t, 8. .
! right OF the writ Of habee. corpus ~ So, =,
ca ana secured Such were the .-cs,:s - inlxrit.a
as pirtA right. that our Il it,h n:; ~, sbcou,L
With them to this continent rlt.. p.i.,r;. H.. ~,
tabiished in England, ARR c.ntuti x n stiu,gi. :.
ana blood, formed the basis mpon ~:lic; III Al.
structure OI american constitutional liberty ~ /, j.
erected. But the striking ,;,,f.rs, tween t :.
y stem and ours to whici, have shu IJa apd sb; =.
Should never be lost sight o,. tia, IL; ia ~ Al
power originally belonged I'D the crown. All h,s
snd liberties were grants Ir0s. the ttsuan s.sftf,
Parliament, and through thcs, To- the psori. rl.;
With y Al ps.er osiginsEs b-hNsssiso shs i j,
ssrssssl a.s \. RI s,h a. s.s A., y
;J:s nuelT N sns mnercnr dcpArtrsnt. S.ecut:~e
luolcal ana legislative, undrr the f,,m Gryern-
aent set forth IN the Gunstituti,n u,ttsd nitl
ne exercise Of certain clgated specific and ii,,.
,t"d powers. In England il Is cnapc,cpt :or III,
armament at any time t" return The Crown II
nc powers heretofore extoyt cd from their kim
iney are not restrained as our Congress j., o. A
want o' power to DO on their part. Thy crn re-
,ea' N any aay magma charta, the habeas ctrpa.
and the whole bill of rights and re nH,r die rniu
'nonsrch as absolute either of the Tut,ars or
Stuarts ever claimed or wish Il to be. The prin-
iplcs OF magma charta as to personal liberty and
'he right OF the writ Of habea. corpu. 10 secure
: nose rShts are put in our Fundamental Laws, ana
cannot be violated by Congress- for tn tir pos err
rc limited ard they are themselves b,un<. by ,h4
Z. institution. That the British people wou!d cy-
er submit to surrender of their rights hy F:r,!s
inent no one can for moment beIi.e.
but farhament claims !" be oHnpotent ard
could make the surrender j: they chose to run tl.s
risk. The writ was suspended thcr. il l1l5--aNG
IN i'i'-i'so 1t was suspended in ilela nd With "a.
power conferred on the lord liunt-rant to make
arrests, Undcr the system of ov crnInent in Eng
iand the FaridInent could confer this powcr up,.n
the Crown or the lord cut"na nt o. any other re
son they saw ut. Not 20 with our Congress. uni,r
our Constitution. In criticisms upon. t. ,.i,,.t-
nor message. these suspensions have b.en alud,4
TO AGAINST the positions Of the message. They are
not IN conflict at all. What the G,yurno. stat.s
Is that he Is not aware of any "instane4 in nis;,
the British King has ordered the a.rast Of an.
person in civil life in any other mannec thaa l.,
judicial warrant issued by th,. es.at,,; al ri r,u.,
'f the nation, in which he has su+ .I,sird or at
tempted to suspend the privilege. OF tn. wit u
habeas corpus since the bill 81 right. and the ect
Of settlement passed il 1882" H., did not "a, tia
Parliament had not suspended it, or that our ,n-
grcss could not suspend it, in proper wa lat
that even in England, where paria ment was un-
restrained they had not since the settlement
ferred upon tho Crown, the power to u,Aks arrests
SO far as he was aware.
AT this point will briefly ref r to ,he su,
pension by our Congress, alluded to the ether
night by the distinguished ,ettirInan, IIoa.
\. H. Keenan,, who lately represented =, a.,
district; gentleman whose remarks listen
"a to with great deal Of inter x,, and whose
personal friendship esteem so highly He
referred to the act Of the Confederate Con.
srcss, passed October 13, 1862, and asked -
Why were there no objections male to .haty
This act he read. / have it >tefpre me. il
provides that the President, during TIA.
present invasion, shall have the power to aus
pend the privileges Of the writ IT hah,-,.s cor
p's III any city, town, or mi tar. district
Whenever, in his judgment, the public Salty
may require il; but such gu: pension sl,ll
apply only to arrests made by t.is a,l,hori les
ol the Confederate t"verriuIcnt, or for Of
lenses against the same,' and in se> ,in.. II.
that tie President shall cause pi @ ,,or ore,--
to investigate the Cases Of ull ;,crsots so ar
rested. in order that they may be .y.l
II improperly detained, unless they car, 80
speedily tried In due course OF la. ,L.
81 section limits the act to thirty da,s ;.4.er
the meeting of the next Congress.
The answer to the inquiry, WHY there was
no.noise made about this act, wii.c t,,,, j.,
40 much noise made about the one late!
passed is two-fold. In the first ,,'..v, t:,i-
act applied ''only to arrests mace s,l TO
authorities of the Confederate Goycrn,Ariu"
sfTNV <,A Al
proper authorities for issung warrants 4.
arrest are the courts, whose duty it is t. iA>ue
warrants for arrests whenever cucIcce or
crirncs are charged upon oath or affirmation.
stating probable cause. The section ulrt.t
ing the President to cause ''proper eli G. =
to investigate the cases, etc, IN rs man, IL
ate connection with the proceeding, lad .oli.-
ing in it calculated to awaken nI.,Il. 81 .xct,e
objection, for by "propcr officers" al H.
turally supposed judicial officers vnI, cm,bl
be meant-jjudgcs who would or nl.i.t au u,
dischargiag under writs Of hab,a. c,li,!~. #
that privilege had not been su>rcni.tt ia
tins connection these words seemed il..., .iiy
enough to have meaning far di1icrc, t. on,
what they huve when taken from th-.r >o..-
text and put into this lat. act, in Which j Il
Gear enough they arc there in,cltLeu lp ;.5-
ply to- other than judicial officers. Ihcic was
then, nor now any objection, far a., | az.
aware of, to the suspension Of the lni:l.p;o
Of the writ Of habcas corpus in any CITY 10 ~,
or district or generally throughout t!c c.i,,-
try, if Congress really has good rc,-ol. 10
believe the public safety requires it, ANN t
the power to suspend be constitution H. -.
erclsed. The objection TO the late act l.. that
it attempts to do what cannot oon-,.iuil, ~
ally be done.
= But III the second place, in answer to 4 .
inquiry, why noise WAS made tbout tho. e
of October, 1862, need only say, that u,,a,
the bare statement Of the real and subs'At,i. /
objections to that act, it was admitted to. .u
unconstitutional and void, because it a:t..li -
ted to confer the power to suspend upo.; he
President, when, III his iu gnent, Tic p;ii,.ic
safety required it, in the iocantes ei,l.ruc. 8, g..
it's terms. Congress alone, under ;lil tci~,,-
tuition, has the power to suspend III piI- ..
eyes OF the writ. They Cannot coiei' 3
power upon the President or anvl.,i, e..
Ths is conclusively admitted boti b., Co.,
gress and the President IN the late lc, t,r Il
is set forth III the preamble, " Whcre.r, thc
power OF suspending the privilege "t \, /.
~<c -.