The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1864-05-25

storms OF the French Revolution. They
are Of the same character as those before,
and affected those only who were charged
with conspiring against the King and his
government. The suspension during Shay's
rebellion extended to crime or suspected
crime. The attempted suspensions, in S07
was confined to. persons charged with,
treason or other high crimes or misdemean>
or, endangerins the peace. safety or neau-
,rality OF the United States" The idea
cannot be entertained for moment that
the power Of suspending the writ was
granted for any such purpose a. that OF de-
priving citizen of the privilege Of legal
inquiry into his obligation to perform mil
itary service, in order to fill the army with
soldiers. II such a. power exist the soye-
reignty 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 By this act
/ it is deposited with the President alone /!
His officers alone can give the discharge
Confederate officers chosen without even
The consent Of the Senate, and removed at
will. The appropriate tribunals are en-
tirely overlooked; the State Judges are
thrust aside without ceremony. and even
the Confederate Judge. who holds his of.
flee during good behaviour. is ignored. and
in their room is glazed an officer who lives
on the breath of the Confederate Execu>
tive. If the State officers are not put into
the army under such power in the Execn-
tive, it is because the incumbent does not
will ii; and when the rights Of the State
shall exist by such courtesy, they will
cease TO have any existence at all. 1t Is
hard to divine sufficient reason for dis
placing the civil tribunals already estab-
lished. and substituting! others SO Deepen
dent upon the Executive for their exist
ence. The assurance Of public men, that
the power will not be abused. can never
remove the fears of freemen, who rely only
upon written Constitutions to protect their
! liberties. History is too full Of wrong to
, allow them to forget for a moment that
eternal vigilancs is The price of freedom.
i 1t is manifest that the act contemplate
, that the military shall be vested with fol-
powers to arres. any person who may be
suspected of any Of the vague and Hide.
, fined charges mentioned and such IS the
Interpretation put on il BY the general Or.
{ ders of Adjutant General Cooper. thus sus.
b pending the civil authorities throughout
/ the land. and il is equally clear that II ass
] contemplates that the order Of The PresI,
: dent for arresting or OBTAINING citizens
5 shall be a general order 10 arrest and de-
: tain all such as may come within the cate
: CORY Of suspected persons-without nam.
ing or describing the individual-and each
I military officer who may be deputed foI
] that purpose will be invested with perfect
5 discretion over the liberty Of every citi-
: zen in the land. In substance and effect
$ the President is intended TO be empowered
: with authority TO Gil the land with militia
!, ry Deputies who may seize any citizen
: without warrant or oath of probable cause,
y under general warrant from the President
i 70 arrest all suspected persons. Such a
j. warrant is without precedent in England
a for the last hundred years, and during III,
e entire century past has been forbidden,
e denounced, and declared void.
i In my judgment the President is vested
o by the Confederate Constitution with no
part Of the judicial authority. except 10 ca.
4 ses arising in the land and naval forces. 81
. in the militia, when in actual serylc- un
: der his orders. II he is vested with par.
$ tcle Of civil Judicial Jurisdiction where i,
. the grant Of it, and how fardoe. il extend
i II he has the power to issue warrant ior
Il the arrest Of a civilian suspected 81 yiolat
y ing law Of the Confederate States, Ii
u may make II returnable and examinabI,
n before himself, and order discharge o.
require bail. II is certain that the ner,
i suspension Of the writ Of haJeD corfu,
i does not invest the President with III,
n powers Of civil judicial magistrate, an,
: Il il could have that effect il could no
,. give him an authority while dischargin.