Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1864-12-20
SPEECH OF
GEN. DANIEL G. FOWLE,

m Wednesday, December 9Th, 1864, upon has
rssOlutions relating to the suspension Of the
nririleqes of the aOrit Of habeas corpus.
his to be regretted, Mr. Speaker, that crcumstan-
ba ga rendered it necessary for the Legislature Of
Torb Carolina, TO consider for third time resou-
Tsiu regard to the unconstitutional suspension of
g,wrt of habeaS corpus.
few DAYS since a distinguished member of Con-
,.s from his place, upon the floor of the House of
SnT.ssptatives, announced to the world that per-
ms in high official position, had stated that treason
.s abroad in North Carolina, and were urging the
r,npnsion of the writ of habeaS corpus for its sup
Other information equally reliable has reached US
the effect that Congress is now engaged in Secret
Session., in considering the proprety of the suspen-
am and that it was expected that it would be done,
rugb the votes If representative whose districts
vain possession of the public enemy.
his our duty as legislators not only to obey the
rnstiutiou ourselves but to enter our indignant
,oest agaiuGt its Infringement from any quarter
I. should therefore, examine with care those safe
s,nIs which sagacious statesmen, in olden times,
grted in the Constitution for the preservation of
liberties, and insist in the name OF free and in
3puient people, that the rights guaranteed to us
tbe instrument which created the Confederate gov
s;,nept, shall not be violated by the control which
,sOns in high official position may exercise over the
rsuUnsibe representatives of fictitious coustitu-
The people of North Carolina are emphaticaly
bDStiutiOn-lOvng and law-abiding people, and they
bive that in every crisis which may arise, that the
Custution should be strictly adhered to, and that if
hrber powcrs are needed for the prosecution Of the
W. that the States should be called upon to confer
GCsa powers, but that neither Congress hor the Ex
Uive are true to the trusts committed to their care
ybeu they violate the provisions of that instrument
.ldr the specious plea of necessity.
With these preliminary remarks let us proceed TO
Examination of the subject embraced within the
solutio1s now under consideration.
The writ of hGbeas corpus the offspring of
sagging freedom in the middle ages, and under the
s its protection civil liberty and constitutional
IL can only find security.
History scarcely records grander spectacle than
Us presented at Runnemede, when the bold barons
England extorted from weak and tyrannical
Ing and inserted amidst the glorious gifts secured
Magma Charta, " That 10 freeman shall be seized
imprisoned, but by the judgment of his equals or
2hw of tbs land" But when in the course of
these bold men had disappeared from the scene
rton, and the crown had strengthened itself by
nv usurrations this glorious principle was entire
iiSregarded, and the liberties of the freemen of
gsnd were dependent upon the will of tyrant.
4 the seed had been sown in good ground, and 400
iB after the date of Magma Charta, an adequate
y gay was adopted whereby the great privilege
y gsn provided for, was effectuaIly secured 1t was
Ated by the passage Of the ha6eGs corpus act.
si in the 31st year Of the reign of Charles II, by
Ga the privilege of this writ is secured, except
~ ,tEa of rebellion and invasion, when the public
"a Fly may require its suspension and the same pro-
so is Incorporated into the Constitution Of the
lO lsderate States.
aOrder to properly ascertain what power is vested
So ne government by the suspension, and what gu IT
va aB taken from the citizen, it is necessary to
Oh l what are the privileges of the writ of hG6eGs
rus, which may be suspended. For it is clear,
It'll there are other rights guaranteed to the citi-
S separate and distinct from those attending the
LFgeS Of the writ that the suspension of the priv
t.Sd that writ would not deprive him Of those
toe ss otherwise secured. For instance, the Consti-
HMproVides that " no person shall be subject for
ane offence to be twice put in jeopardy of life
. nor compelled in any criminal case to be a
eaS les against himself. Now, it is clear, that as
i Guarantees are entirely distinct and separate
= 1.-The privileges secured by the writ, that their
pix tenson would not empower the government to
Imam second time for the same offence, or COM
atio n gm to be witLess against himself
fer WAT then these privileges? 1 answer, In the
sol the first resolution, that the privilege of
Mist W.T. OF hG6edS corpus extends no further than
ing to the party under arrest the right to be car
'eore civil tribunal to have inquired into his
fro1 De discharged or admitted to bSi and that
rer TPhed power to suspend the writ contained 10
|, init constitution of the Confederate States contem-
at Inc suspension of this privilege only. That is
ais W mat when man has been properly and le-
taiO mi lor criminal onence' OF ior supposed
Ger IA' offence, Congress has the right to prevent
lan under certain specified circumstances from
hsre out his writ, to have inquired into his claim
Sntted to bail or be discharged. say for a
IaL or supposed criminal offence, because the
o,n W o. Chief Justice Marshall in the of Boil
J. z1 "; nWartwort, and recent decisions in cur own
yearly show that Congress has no power to
H. us privileges except as against these classes,
'dips E&ceilency, Gov. Vance, considered the mat
St yearly settled that in his WiIkesboro' speech
ed sslea that be supposed no man of any legal
we would deny the proposition. And even
ID TO !. aOy authority upon the subject, 1t would be
presumption to assume, that the statesmen
Sapon 'Iea that clause in the Constitution, could
d pass sant for moment that any condition Of pub
Ssst could possibly require that abiding
oldierS 1speGted man should be imprisoned without
redress or relief?
rVes IS aScertained then, the privileges which may
ana the class OF persons against whom
Wore Will operate, it is clear that the sus-
"Sei mas no effect until the time has arrived
, Hon privilege could have been claimed had there
suspension. This claim could, under co cir
ling th SCes, have been made until after the person
in July s@a. SO that if there are any privileges
Post ~ ~ 10 The Constitution concerning the man
III niOn arrests shall be made, as these exist in
=, emsn y OF the privileges secured in the writ for
exercised at all, 1t must be before the writ
Amy existence, the power to suspend the
sent eo rp' a AFFECT these anterior rights.
Il SIah be deprived of his liberty without due
Ss ID" 1t is as clear as language can make
Ia suspension of rights, to be exercised after
e' does not deprive the citizen of his right
ae from arrest, except under due process of
NJ an Term used, without due process of law f"
= :. Known Specification. 1t means that the
mite. tne subject cannot be nterfered with, ex-
Passs nd; warrant or other process issued in &C
ens'Sn I'D Jin the rules of law, by SONS regularly
Of the Confederate St sts' .5s GG eS. to
ent for the arrest Of any 'S gn' h 20
e ghero IN e Constitution is 6U Vested rstodn with I1
,be chat