The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1864-05-25

tice," Il Kent's Com. Sec. "a, paragraphs
ls,l4.) The beginning Of this due pro-
cess is first the charge on oath, and the
next step is the warrant describing the
person to be seized. The third is the ar
rest. and until this takes place the habeas
corpus has no status, and cannot possibly
have any. At this point the writ springs
into being, il not denied, and as here only
its aid can be sought for the first time; SO
here for the first time can its privilege be
derived. Yet the act involves with its sus-
pension a suspension Of the distinct and
independent provisions which guards the
citizen against false charge and the dam
gers of general warrant.
In nv Judgment Congress had the same
power to suspend every other guard Of CT
vii liberty to be found in the constitution.
the same to deprive the citizen Of the
guaranty that he should not be held TO an
swer fora capital crime, unless on present
ment or indictment of grand jury-that
he should not be compelled to be witness
against himself-that he should have The
right to a speedy and public trial by an.
impartial jury, and trial in the district in
which the crime shall have been commit
ted.
The writ of habeas corpus is peculiar to
the English people and ourselves, And a
complete illustration Of the operation Of a
suspension OF its privileges will be seen by
supposing that it had no existence here.
In such case no provision would have been
found fol its suspension. But the clause
requiring charge Of crime to be made on
oath aud warrant to describe the person to
be seized would have been not only very
proper. but the more necessary to be in
serted. These could not have been legally
disturbed by Congress, and any legislation
dispensing with them had been mere usur-
patton and void.
ssSuch is the general view have taken oil
the act as it is supposed to relate to crimes.
But the statute is construed to reach cases
involving no offence whatever, legal OF
moral; and though there is some difference
of opinion upon the question whether par
sgraph S Of see. /. embraces the case of ;
citizen not liable TO military duty, WHIT
neither flies nor resists, but simply appeal,
or tries to appeal TO the constitutional re-
positors OF the law for decision upon hi:
rights; vel there is too much reason to be
lieye that the language is susceptible o
the Interpretation that il does include sucl
persons; and such i the Interpretation pr
upon il by The military authorities. Ant
as the suspension was asked by the Presi
dent, it is but just to inter that it va
drawn TO suit him. and his exposition car
ries the intended meaning Of the para
graph.
| amiuuable 10 see any reason consisten
with the principles of free and civilizet
government provided with a Judiciary a
q great and independent branch Of its com
position for suspending the habeas corp,t
in Eases which involve no evasion or At
temp to eyade military service that is due
but which merely asks when honest opin
ions differ 10 have the paint settled b
those tribunals which settle all matters d
controversy between citizen and citizen
and citizen and his government. IL
citizen owe not any military service TO ID
government, he has as mush right TO rPfus
to render IL, when wrongfully cIsimed d
him, as he has to refuse TO pay debt
the government wrOngfully claimed If him
and If il both cases lie stands fairly up an
submits % az investigation Of the questio
before those tribunals learned in such mat
tiers and appointed because of their ftnes
and skill, i woIld BE just unreasonable I
suspend tie writ in the alleged debt .
money IS in ihe case Of the alleged debt .
service. Tbs cosrse might, and likeI
world, hasten The payment Of debt just
unjust, and SO il may serve 10 pui men /
the army exemptby The laws Of the land.
There i 40 instance Of suspension !
any tine Of the writ. Or tie privileges
the writ, I there boany difference brtwee
them, for any other cause, either in I'm.
land Or Ameriea. Many suspensions ,