Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1864-06-10

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sion Of the Confederate States ~ that of advising
or melting others To- abandon the Confederate
cause !" And if these offences were now newly crea-
ted by this act can any man say what does or docs
not constitute them? The Mayor OF Richmond not
long ago advised party, brought before nm up
on some vague charge OF conspiracy, never TO say
"yes" again as long as he lived. What part OF
speech may not be guilty under this act ? affirm,
sir that greater latitude of discretion was ever
given to dictator or exercised by imperial power,
than is here given to the Chief Magistrate of what
it was fashionable short time ago to call league
of republican States. .-
said awhile ago, Mr.. Speaker, that no State can
protect its own citizens by its own writ Ii 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 difficult one; aRd.thls is
declared to DE sufficient return. Thus, the party
is held by him, perhaps Out.of the STATE (oeyond
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
err military satrap or parasite in civil life, with
out judicial authority, appointed by the President
alone and dependent on his WILL and 1t is thus that
the departments of power are cOnfOunded, and that
another provision Of the Constitution is suspended,
which guarantees to the accused speedy aud 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.
some of the ablest statesmen and lawyers of the
time belonged to that body, passed the bill which
| am about to cite, and which was almost unanm-
ously rejected by the House of Representatives,: .
CHARGED on oah Tth HhS5s any @Iaon or
or misdemeanor, endangerng the peace, safety or
neutrality Of the United States have been or shall
ha cfaH h,,,y Of mt
or authority Of The President Of the United States,
or from the Chief Executive Magistrate Of any
State territorial government from any person
acting under the direction or authority OF the Pres
ident Of the United States, the privilege of the
writ OF habeaS corpus shall DC suspended" &c
Mr.. Brown, Of Ca8well, with leave, stated that it
then declared that the act Of 1907 proposed to
substitute the will of President Jefferson for the
law of the land, and, the Senator said tine House
Of Representatives did almost unanimously reject il.
Mr.. Warren reSuming | am obliged to the Sen.
atOr. was not aware Of that historical fact but |
recoect that Mr.. Jefferson Is stated to have sad
about that time that he i'll favor of the eternal,
unrenltiing force of the ha6eas corpus laws.
But desire to call attention to some of the iea-
lures OF this bill which show an almost cOtempora
neOus construction OF this provision Of the cOnsti
tuition in relation 10 the suspension of the writ and
which sustainS me in my view of the present act
enlarged on oath" The bill was evidently
framed 10 view Of that provision Of the Constitution
which declares that "nO person shall be deprived
of life, liberty, or property, without due process of
law. with treason, or other high crime or mis-
dcmean2r These are terms designating offences
which, by reference to the laws made certain.
Thus man could DC arrested unless duly charged
with specific offence against The government pre-
Viously declared and defined by law and ander.
stood by the people. "Endangering the peace,
safety and neutrality of the United States" To
Ill.
persons taa9Jatty charged with crimes affecting the
public safety.
Sir, do not refer to this bill to recommend it as
a 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; how far it places the servant of the
people under the constitution a6oUe the constitu-
ton, and above the once proud sovereignty Of the
States; and how completely it makes that servant
the arbiter of the liberties if not Of the lives OF
his cOuntrymen.
The people deserve great credit for demeaning
themselves, and il is to be expected and desired
that they will still continue to demean themselves
so as not to become obnoxious to this most Obnox.
ouS law. The ILLS we have" are sufficient and
perhaps Though | do not believe it) the ultimate
liberties of this country may not suffer by being
held for G time in allowance. But the history Of
this revolution will some day, be honestly written,
and as the Senator from New Hanover has predict.
ed its verdict, will venture the assertion that un
less there be reason to repent of two centuries Of
|. Anglo American freedom, Its memorable judgment
will conSign all such acts and their authors, q will
not say advocates to unenviable renown.
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 const
tutions. This is American liberty.
If felt disposed to discuss the fourtbresolution
have detained the Senate too long to do so. But
l .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'int the details of what is
called the military bill nor into the question of its
constitutionality 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 o.
the act .. d.
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, l believe that that body rs prepared tc
disregard Che solemn protests of sovereign States il
matters vital tather interests their liberties anc
their Tepose. Yet it is not the less but still the
more our duty to add our solemn remonstTance.-
If it accomplishes nothing more, it will at less
show to the people Of North Carolina, and to the
world and to those who shall come after us, thai
we still have some regard for the constitution un
der which We live; that we yet have some recollec
ton and love of our former freedom; and that WI
have the spirit and the manliness to condemn, i
we do not resist, the encroachments of despotsm
Let the loyal people of North Carolina who have
advocated Convention, with the hope that il
might strengthen our means of defence and be the
means in some way, of assisting in bringing thi.
ruinous war to an honorable termination, remem
Der that Gov. Vance and his organs brand them a.
disloya and accuse them Of desire to secede from
the Conederacy. Gov. Vance has not only beer
fully embraced by the Destructives, but he has
fully embraced all their pernicious doctrines, and
will stand by and see the last able bodied man in
the State, from II to 80 butchered, before he
will lift finger to assist the Conservatives in al