Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1864-04-02

4 II. 4
the puoue Esfety may not require it now. 1 am 10
informed Of the reasons which 1duesd the President
ask TIE suspension Of the privilege Of the writ at thi
tine Of Congress to undertake its suspension pro
Viesd n this act. however, know Of tbs
rsgifa f. and have heard Of zone Bat In the exerc
q an undsputed Iower they have attempted to jrs
va cannot be done-to suthorize Illegal and uncoDsti
tutiO1al Rrrests-there be suspension allowing
or with view 70 permit and authorIze the seizure o
persons without warrant ssued BY Judicial officer upcl
probable cause, supported by oath Efirmati0n-hl
whole Constitution must bs read together and SO real
end construed as that every part and clause shaI
zaud and have rs proper effect under the restrictions
II sny eouct arises between clauses In the origlna
and the snendmenfs subsequently made, the oriFna
must yield TO the amendments As viii previously
made slWays yields to the mod hsations Of eediefi
Sueh Of courss lie eondtoa Of the old Constitution
wah is sIneadmeas, when the States Of this Confed
eraey saop ed it. and 1t adopted by these States
With the meaning, force and effect it then had In con
STRUNG therefore, those parts Of the cd Constitution
which we adopted stand just where should have
xeWs Il will clearly appear ihst under Constitution
urts cannot be deprived OF their right be relieved o
sir y to inquire into the legality Of ali zrrests ez-
eept in Ar5ug in the lard aud naval forces or
the militia, when In actual servce-for the government
Of which different provision is made In The
Under Constitutional suspension Of the privilege Of
the writ all the courts could do would be at the
party legally arrested ard hed-upon proper war
ransupon probable ea1ae, supported by oath or afr
nation setting forth crime Of sons vielson Of law
Literally End truly thea the Ouly effect Of Cousit-
onzl exersisa Of this power ihe writ Of habe1s
corpus by Congress is 70 deprive person. sftsr
hsng Legally fined, Of the privilege Of discharge
osiore trial by giving bail, account Of 10
sufheisrey Of proof $ss 70 probable cause, or
other Hks grounds. This privilege only ean De Fus-
pended, and not the writ Itself The words OF the
Constitution are apuy chosen to express the purpose
and extent to which suspension 90 in this coun-
try With this view, the power is a wise u can
ork serious injury to the citizen, and It sufficiently
guards the public safety. The party against whom
accusation is brought, supported BY oath or a
frmstioD founded upon probable cause must Be held
for trial. and found 70 be guilty h to be punished
c1rdDg to the nature Of his ofense. The strous
consequences Of any other view Of the subject ap
parent. The exercise Of the power by Congress may
bs either general limited TO syseia cases as in th
Instance. II had besn general under any other view
what would have been the condition Of every citizen
the lsndf The weaker would have been completely
In the power Of the strong ger without power redress
Any 10 the community might seize, for any motive
or any Purposs, any other, and eonfne him most
Wrongully and shsEefully. Combinations Of several
against few might be formed for Ike Pur-
pcss and there would be no remedy or redress
against this species Of licensed lsWlsSsness. The
courts would be elosed-sA personal security and
personal safety would be swept away Instead Of land
Of laws, ths whole untry would be no better than
q Whitef lars domsin-s perfect Alsztia This would
be the Inevitable effect Of the exercise of the power
by general suspension with any other view Of the sub
iset than this presented The same effects as 70 out
RACES upon personal rights muEt issue under limited
suspension ecnfned to any specified under any
other view. No such huge and enormous wrongs can
spring from the Constitution 1t be rightly I'D
minstsred So that the conclusion Of the whole
ter well stated by the governor In hE late message in
the BRIEF comprehensive, but exact terms-Ths 0niy
suspension of the privilege Of the writ Of habess
corpus known 70 Constitution and compatible with
the provisions already quoted goes to ths simple
tent Of preventing The ressss under it, Of psrgons
whose arrests have been ordered under constitutional
warrants from Judicial authority"
On this subject much Light Is 10 be derived from Eng
lsh history. Our whole system Of eonEtut una liberty
upon principles estAbllshed by our Ango.Saxon
ancestors Bat between their system and ours there
are several differences that should be noted and marked
and none more striking and fundamenfI than the
difference between the two upon this subject With
them the right Of personal security against Illegal ar.
rests, wrested from the Crown by the Parliament
and estRbisAea by magma cbarta the bill OF rights the
abolition OF the star chamber and tie grant Of ths
writ Of ha6eas cOFpu5 which Is the Of redress
against viostions Of LAW and other wrongs Bgalnst
rights secured and seknowe edged In the abolition OF
the court Of star chamber, the power taken from
the King bis heirs and forever, and every
member Of his prvy council to make any arrest Of any
person for any 0fenss alleged crime, except by due
process Of law. By this act the power Of the King
Issue warrants orders OF arrest unsupported by oath
or an setting forth pro5shls cause which Be
fore, had been clzined royal prerOgave taken
awsy from him snd his successors forever The
ruling monarch, CAarles l. gave his consent TO the
set and yielded the power. He afterwards broks
his pledge. Civil connections ensusd from this and
oti sT csurss He lost hts head upon the block The
subsequent history OF tha. strife between the people
and the Grown Of England, this and other matters
say that It ended in the settlement 1t Is termed
between the Parliament and their Boversigns
w Imam aQd M6ry-tH lbs5-e8 In this 66ttleulen
tie cient rights snd liberties of the EnKliSh people
Including the right Of the writ Of hsbe8s corpus Wers
resruled and secured Such were the liberties inhsT
tied birth righ that our British ancestors brought
with them TO this continent The principles establish
e Ia England, after centuries Of struggle and blood
formed the basis upon which the great structure Of
American constitutional liberty erected. Bat the
striking difference between ihsir system and ours to
which have alluded and which should never be lost
sight t Is that with them all power originally belong
cd 30 the Grown AL righs and liberties grants
from the Crown TO the PATl Ament snd through them
to the people, while with Us al power originally be-
Onged 70 the people-snd essentially, still resides with
them They have appointed agents TO perform the
f1GctOns Of Government in the different departments,
executive iudiciAl and legislative under the fOrm Of
Government set forth In The Constitution clothed with
the exercise OF certain delegated, specific and um Ell
powers In England II Is competent for the Parliament
any time to return the Crown ali the powers hereto
fore extored from their kiDRA They not restrained
their part They can repeal aHy day magma ehsrts,
the habs corpus act and the whole bill Of rghts and
render the ruling monarch absolute either Of The
Tudors or Stuarts ever claimed wished to be. The
principles OF mEgna e1Arta to personal H5erly and
the right ef the writ of hsbess corpus TO those
rights put In our fundamental laws and cannot be
violated BY Congress- for their powers limited and
they themselves bound by the Consultation. That
the British people would ever submit % surrender Of
th-ir rights by Parliament, no one can for moment
bellsvs But Parliament claims TO be omnipOtent and
could make the surrender Il they chose run the rsk
Hence snsOgies between this eonary and that on the
suspension OF the writ Of hAbeas corpus and the effect
Of such suspension, either generally specially should
be closely scanned IN England great Is the
gard for liberty, suspensions have been rare since
ne settlsmept sf 'lGss 50 The yyrit vas ans.
pended there in I7l5 and In l745-snd in I7SS il
was suspended in Ireland with the power conferred
the lord lieutenant TO make arrests Under the sys
tsn Of government in England. the Par ilment e0dlt
confer this power upon the Crown the lord Heutenan
or upon any other person they saw Not 80 with our
Congress, under our Consultation. In criticisms upon
the goysrnOr's message these suspensions have been
alluded TO against the positions Of the message. They
are not in conflict at all What the governor states Is
Al hs ii %
British King has ordered the seHt Of any person in
civil life In any other than by iudissl warrant
issued by the established courts Of the nation, in
which be has suspended attempted to suspend the
D. ylege of the writ Of hsbeRs corpus, since the bill Of
rights snd the sct Of lmsnt passed in l6S9 He did
not say that PsrGnS had not suspended IT, or that
Congress could not suspend II, in proper way, but
that even in England where Parliament unresirsn-
ed they had NOT suc9 the settlement conferred upon
tie Crown the power to make arrests SO far As be was
al dis poIat will briefly refer to the suspension By
our Congress alluded the other night by the dis tin
guished gentleman, (Hon. A. II. keenan) who lately
Teprssepted this district; gentleman whose remarks
isaned TO with great deal Of interest and whose per-
sonsl flsndShp esteem highly. He referred to the
act Of the Confederate Congress, passed October l3
1862 and asked-Why were there no objections made
10 ths.f This set be road ! have Il before me. l.
provides that the President during the present lava
sion shall have the power tOsuspend TIE privileges OF
ths writ Of habess corpus In any city town. military
district whenever In bis judgment, the public safety
may require It but such suspension shall apply only 10
Government ofenses sgainst the same" and in
section Cd that "the President shall proper eff
eers 10 investigate the Of all persons arrested
order that they may be discharged II improperly de-
tanned unless u y be speedily tried in due course
Of law" The section limits the act to thirty days
slser the meeting OF the next Congress.
The answer to the inquiry, why there was noise
made shout this act while there much made sbeut
the lately passed i5 twofoid IL the first place
this applied "only to arrests made by the antno-
ties Of the Confederate G0Varnmsnt'-"f for ohsnsss
against the same The proper authorities for issuing
warrants arrest are the courts whose duty II Is
issue for arrests whenever oenses crimes
srs charged upon oath affirmation stating probable
The seeiion directing the PreEid ut 10 cause
proper officers 10 Investigate the cases." in It's
Immediate connection vi tbs proceeding, had hing
In Il ealeulsted to auken alarm ezes chsclion for
by proper officers all naturally Supposed judicial on
eers only could be meant-indges who would or might
In dsebArsing under wrs Of habeRs corpus Il that
privilege had not been suspended In this connection
these words seemed naturally enough to have & mean
ing far different from what thsy have when taken from
their eoAtsxt and put into this late act In which Il
clear enough they there intended 70 sppy other
than judleial officers. There them nor now, any
objection, far Of, 10 the suspension ol
the privilege OF the writ Of habeas corpus In any city
town, district generally throghout the country