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

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49,. REMARKS OF MIR. WARREN, 80
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ron the Resolutions of the Majority of the Joint
Select Committee in relation to the saspenslono OF
the writ of habeas corpus in the Senate OF North
Carolina, Wednesday, May 90, 1864.
Mr.. SPEAKER: feel great embarrassment in
undertaking to discuss the subject of these resolu
tons before this body It has been fully discussed
by some Of the ablest statesmen and lawyers OF the
country, and their arguments are before us. Lean
scarcely hope to present the question in any new
light, yet, as the organ Of the committee, feel
called upon, as FAR as may DO able, to Vlndicate
and sustain the resolutions.
Iteel embarrassed also because of the great lati
tude of debate in which the Senator from New
Hanover Mr. HslD has thought proper to indulge.
He has circumnavglted the globe in search OF
topics which he chooses to say are. german to- the
subject He has regretted the introduction OF the
resolutions because, his opinion, they have
tendency to revive party feeling and distract and
divide u.s. and has referred to the condition ofpartes
in this State at the beginning of this revolution
He has also discussed the subject Of slavery, the
Wilmot Proviso and the manifold encroachments of
the North upon the South, and has not omitted the
question of the genealogy of different portions OF
the American people, and the comparative purity OF
Northern and Southern blood. should be glad to
know what any or all Of these things have to do
with the subject before US? They belong in no way
to this occasion, and will only say in general
terms, that if any party feeling shall be aroused
here, the Senator is responsible for it. He has, in
the very beginning of the debate uttered the rally
ing cry of party and in the course of long speech
has only briefly touched the propositions we arc
considering. But shall not follow him in his
rambles The resolutions involve nothing but dry
questions of constitutional law and the question OF the
necessity for the suspension of the privilege Of the
writ of habeas corpus, and to these shall confne
myself @. :.
Upon the question of the necessity for the act Of
Congress shall say but little. The reasons which
induced Congress to pass the act were commun'ca-
ted to that body in secret session. We do not yet
know what they were. The VICE Pfesident (Mr:
Stephens) intimates that the law was intended
mainly to operate upon North Carolina and we
have much reason to believe this to Re true, from
what we have learned of an interview between the
President and the North Carolina delegation in
Congress, near the close of the last session. There
is reason to believe it also from the avowa OF the
Senator from New Hanover, who uses the Governor
as authority that there is wide spread dlSattecton
in this State; although the Governor simply says
that there is some disaection here, but only to Mr.
Dayis's administration. And it is stated by
member of Congress, that Mr.. Baldwin, of Virginia,
recently declared that four reasons Were assigned
at the time, for passing the act-Frst because las
the law stood) negro testimony could not be used
against reasonable persons; second, that it was to
prevent the assembling of Convention in North;
Carolina third that when man was conscrpted
there might be no chance for him to get out OF the
army; fourth to prevent the discharge of persons
arrested as SPIES The first is too abominable for
COMMENT but i. will be observed that only one OF
these reasons applies particularly to North Carroll
ma, and if the blow was aimed especial az ner, II
struck also Mississippi and Georgia. botn Of which
States have passed resolutions condemning the leg
islation of Congress. They felt as trust we feel
that it strikes ut the civil liberties of all the people
of the Confederacy. But whatever may have beer
the reasons given by the President for the suspen-
sion, it is fair to presume that they were general,
in favor of act not particular, II favor OF the
present act-that they went to show the necessity
for suspending the writ according to the constitu
ton, not the necessity for unconstitutional en-
actment And at all events they failed to satisfy
any of our present representatives in Congress,
except Mr.. Gather.
The act is most extraordinary one. 1t would
seem from the preamble that we are to be treated
to little constitutional legislation Congress has
power to suspend the privilege Of the writ when
in cases of rebellion or invasion the public safety
may require it,; and Congress is the sole judge Of
the occasion for exercising the power. There is an
invasion; Congress has decided that the suspen-
sion is necessary for the public ssfesy; ard Con-
gress has itself suspended the writ without under
taking to delegate authority to do so. All this the
preamble very carefully recites together with the
fact that the President requested the passage of the
act Now, sir, the Senator from New Hanover
says in his minority report: "Nor does he accep.
as true, facts stated in the resolutions He denies
the repeated and manifest nfrac:ions Of the consti
tuition by the Congress of the Confederate States and
has yet to be pointed to single instance" Yet it
SO happens that Congress, on two occasions passed
acts by which they expressly delegated to the
President the authority to suspend the writ when
ever in his Judgment the same might be necessary.
There have been, then repeated and manifest in
fractions" and it significant that the preamble of
this &C: contains clear declaration that the two
previous acts of-the same Congress on the same
subject were unconstitutional death bed repen
taLce is better than none; and it is peculiar
ISOLATION to know that in of the latest acts of it's
existence, Congress seemed to have had " compunc-
tous visitings, and to be inclined for moment to
regard the obligations of the constitution.
The preamble is carefully drawn, and so far as it
asserts a correct constitutional principle is to DO
admired. 1t is shrewdly drawn also, and was prob
ably intended to convey TO- the people the idea that
the entire government so far as it has yet been
organized, concurred in the necessity for the act
1t is plainly to be inferred however, that Congress
saw the exigency with the Presidents eyes.
Now sir, with respect to the act it is, in its
general import an alarming declaration that there
are, among the citizens of the Confederate States,
trsitors, consplrators, plotting to overthrow the
government, to defeat its military operations, to
assist the enemy, and even to excite serve insur-
rectious spies emissaries of the enemy and Others
and that these criminals are too numerous or too
formidable to be dealt with in the ordinary way by
the civil tribunals. will not dwell on this intense
Asttsry of the patriotism and unanimity of the peo-
pie. The compliment is aggravated if that be pos
sble, By the fact that everybody is entitled to
: consider himself suspected Of being suspicious"
since Congress has locked in its breast thoss
conditions Of pubis dagger" which We're made
itself-and which made the act "a measure proner
for the public defence"
Bot the fruit Of constitutional legislation, prom.
ised in the preamble, turns to bitter ashes in the
act The constitution declares: The right of tho