Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1864-05-25

legally disturbed by Congrs end any legislation
dispensing with them had been mere usurpation |
and void =.
Such is the general view have taken of the act
as it is supposed to relate to crimes But the stat
ute is construed to reach cases involving offence
whatever legal or moral and though there is some
difference Of opinion upon the question whether
of sec /, embraces the case Of citizen
not liable to military duty, who neither flies nor re-
ssts but simply appeals or tries to appeal to the
constitutional repositors Of the law for decision
upon his rights; yet there is too much reason to
believe that the language is susceptible of the inter.
probation that it does include such persons; and
such is the Interpretation put upon it by the militia
~ authorities. And as the suspension was asked
by the President it but just to infer that It was
drawn to suit him, and his exposition carries the
intended meaning Of the paragraph
am unable to see any reason consistent with the
principles of a free and civilized government pro-
yded with judiciary as great and independent
branch Of its composition for suspending the habeas
corpus in cases which involve no evasion or attempt
to evade military service that is DUE but which
merely asks when honest opinions differ to have the
point settled by those tribunals which settle all mat.
tiers Of controversy between citizen and citizen and
a citizen and his government If citizen owe not
any military service to the government, he has as
much right to refuse to render it. when wrongfully
claimed Of him, as he has 10 refuse to pay debt to
the government wrongfuly claimed of him; and if
in both cases. he stands fairly up and submits to an
investigation Of the question before those tribunals
learned in such matters and appointed because OF
their fitness and Skill it would be just reasonable
to suspend tho writ in the alleged debt of money
as in the case of the alleged debt of service. This
course might and likely would, hasten the payment
of debt just unjust, and so it may serve to put
men in the army exempt by the laws Of the lan1
There is no instance of suspension at any time
of the writ or the privileges of the writ if there be
any difference between Them for any other cause,
either in England or America. Many suspensions
of the privileges of the writ occurred in England oe-
tween the passage of the ha6eas corpus act and the
Revolution running through period of almost a
century, and they all empowered the King either to
apprehend and detain or to secure and detain with
out ball. such persons as suspected of conspiracy
against the King and his government
There was British act in TIT, which denied the
writ to "persons taken in the act Of high treason,
committed in any of the colonies the hig seas,
or in the act Of piracy, or who were charged with
or suspected of any Of these crimes" (Hurd 1922
The other suspensions in England after our revo-
luton commenced in 1894, and continued at inter-
walls till 1902 during the storms of the Frenh Rev
o!ution. They are of the same character rs those
before, and affected these only who were charged
with conspiring against the King and his govern
ment. The suspension during Shay's rebellion ex-
tended to crime suspected crime. The attempted
suspension in 1907 was confined to persons charged
"with treason or other high crimes or msdemesnor,
endangerng the peace safety neutrality Of the Uni
ted States" The idea cannot be entertained for mo-
ment that the power of suspending the writ was
granted for any such purpose as that of depriving
citizen Of The privilege of legal enquiry into his
obligation to perform military service in order to
fill the army with soldiers.s If such power exist
the sovereignty of the States is at the mercy of the
Confederate government Where lies the relief
against the CONSUMPTION of the entire body of State
oficersy By this act it is deposited with the Pres
ident alone! His officers alone can give the dis.
charge-Confederate officers chosen without even
the consent Of the Senate, and removed at will
The appropriate tribunals are entirely overlooked !;
the State Judges are thrust aside without ceremony,
ard even the Confederate Judge, who holds his Of:
flee during good behaviour, is ignored and in their
room is placed officer who lives on the breath of
the Confederate Executive If the State officers are
not put into the army under such power in the Ex-
ecUivc, it is because the incumbent does not will
it, and when the rights of the State shall exist by
such courtesy, they will cease to have any exis.
tence at all. 1t is hard to divine sufiden reason
for displacing the civil tribunals already established
and substituting others so dependent upon the Elk.
esutive for their existence. The assurance of pub
lie men, that the power will not be abused, can nev.
er remove the fears of freemen, who rely only upon
written Constitutions to protect their liberties. His
tory is too full of wrong to allow them to forget for
moment that ete>nal vigilance is the price of free
dom.
l. is manifest that the act contcmplates that the
military shall be invested with full powers to arrest
any person, who may be suspected of any of the
vague ant, iil-dcierred charges mentioned aud such
Is the Interpretation put on it by the general order:
of Adj1:ant General Cooper, thus suspending the
civil authorities throughout the land, and it is equal
y clear that it also centempates that the order othe
President for arresthg or OBTAINING citizens shall bt
general order to arrest and detain all such may
come within the category of suspected persons
without naming or describing the northumberland
each military ,iccr who may depued for that pur
pose will BE- invested with perfect discretion ove
the liberty OF every citizen in the land. In substance
aud tffct the President is intended to be empower
ed with authority to fill the land with military dep
u;es who may seize any citizen with ut warrant OF
oath Of probable cause, under a general warrant
from the President to arrest all suspected persops-
! Such warrant is without precedent ia England
Tor the last hundred years and during the entire CEN
trry past has been forbidden, denounced ana decar
cd v,id.
In my judgment the President is vested by The
Confederate Constitution with NJ part of the jlGicia
authority, except in cases arising in the land anc
naval forces, 10 the militia when in actual service
under his orders. If he is vested with particle d
civil Judicial Jnrlst'cil IN where the grant Of it, anc
how tar does it ex.end2 If he has the power to is
sue warrant for the arrest Of civilian suspected
Violating law Of the Confederate States, be may
make it returnable and examinable before himself
and order discharge or require BAIL 1t is certain
that the nero suspension of the writ of habeas corp
does not invest the President with the pow rs Of
civil judicial magistrate; and If it could have tina
effect it conkl not Gve him an authority while dis
charging his judicial jurisdiction to lay aside the res
traints imposed upon the other judges.
The course adopted by the administration of allow
ing the writ Of habeas corpus to ISSUE and of forth
with checking the action of The judge and suspend
ing all bis farthr proceedings ad Hbitum, to avail
the reports Of military officers having custody of tn
petitioner to their superors, and finally subjectin
the case to the decision of the War Department il
derogat"n of civil authority il huniiating to the in
dependent character Of the judiciary aod tends to tn
great danger Of liberty, to famiiarise tho people wit
a military supremacy.