The weekly intelligencer. [volume] (Fayetteville, N.C.) 1864-186?, 1864-03-22

comm ssi oned officer OF private ne shall suffer
tsuch punishment not Inconsistent with military
law. as the court may derect"
MESSAGE OF GOV. BROWN.
Suspension Of the Hu6eas Corpus.-Hoac
| Peace should be sought.
cannot Withhold the expression of the deep
modification feel at the late action of Con
grcss IN attempting to suspend the privilege
| of the writ iIabeaS Corpus, and to confer upon
the President powers expressly denied t" him
! by the Constitution of the Confederate States.
Under pretext of necessity which our whole
people know does not exist in this case what
ever may have been the motives, our Con-
gress with the assent and at the request Of
the Executive. has struck fell bio" at the
/ liberties of the people of these States.
Tne Constitution, fthe Confederate States
declares that, Tine privilege of the writ OF
habeas corpu, shall not be suspended, unless
when in cases OF rebellion Or invasion the pub
I lie safety may require it, The power to sus-
pend the habeaS corpus at all Is derived, not
from express and direct delegation, but from
i'm ,lication only, and an implication can new
er ne raised in opposition to an express re-
strietion. In case of any conflict between the
two an implied power must always yield to
n
power to suspend the privilege Of the writ of
ha5eas corpus derived by implication must
therefore be always limited by the express
de, laration in the Constitution that:
The right OF the people to be secure in
their persons, houses, papers, and effects.
against Unreasonable searches and seiZues
! shall not be violated; and no warrants all
issue but upon probable cause, supported by
oath af1i nation and particularly desert
.Dn lar l,p AMI
or ti.ingS to be Sc zcd," and the further doe
.lnralion tnat. "no person shall be deprived of
| ife liberty or property, without due process
OF l.w.' AND that,
: In al criminal prosecution the accused
Shall +rjo< he right of speedy and publ c
tr;a uy IN impartial jury Of the State or Dis
tric+ Nierc the crime shfli have been -eeaa
il;F I :, 'ch district snail have been prcv-
uus j a>ccrt;iIic,i BY law, and TO be informed
ot the nrlnrc ana tie cause of the accus;l-
tiom F; t. b. confronted with the witnesses
ag,iisst him to have compulsory process for
: oht aiming witnesses IN his favor and to have
the aSsIstanIe o: councel for uis t:efAnce-'
Thus it is ex! ress guaranty Of the Con-
stitution, that the pc sons' OF the people
Shall ie-secu!-e, and no warrants sh II Issue,
but upon probable cause Supported by oath
or affirmation," particularly describing " til e
, person TO be seized - that no person shah
be deprived of liberty, without due process
Iof law" AMI that in " all crin,n Il prnsecu-
/, tion>" the accused shall enjoy the right Of Il
/ speedy and public trial hy an impartial jury
i The Constitutio also defines the powers
a of the Executive, which are limited to hose
dele gated among which there Is no one, au-
i thoriZing him to issue warrants or other ar
| rests Of persons not in actual military service
, or to set as judge IN any case, to try any
! person for Il criminal offtnse," to appoint
of trih to do, 1ef
for in the Constitution part of the jud ct
: try. The power to issue warrants and try per-
j sons under criminal accusations are Judicial
= powers which belong under the Constitution
exclusively TO the judiciary and not t" the
Executive. His power to order arrests as
iCommander-in-Ch hiet is strictly military
power and is confined to the arrests Of per
; persons in the army or navy Of the Confed
a crate States or in the militia, when in the
: ac.ual service of the Confederate States; ant
d does not extend to any persons in civil life
e unless they be followers Of the camp or with
| in the lines of the army This is clear from
d that provision of the Constitution which de
clarcs that,
"No person shall be held to answer for
, capital otherwise infamous crime, unless
, on a preSentment or indictment of Crane
l. jury, except in cases arising in the land o
, naval forces, or in tie MALTA when in actua
L
I. even here the power of the Pres dent Com
l. mander in Chief is not absolute, as his pow
u ers and duties in ordering arrests OF person
{ in the land or naval forces, in militia whe;
in actual service, are clearly defined by TIL
{ rules and articles of war prescribed by Con
!, gress. Any warrant issued by the Presiden
. or any arrest made by him under his Oh
: der of any person in civil life, and not sub
l. ject to military command, is illegal and i
To-, ia ,<xf ~ -
y impossible for Congress by implication to con
y fer upon the President the right to exrrcis
4 powers of arrest. expressly forbidden to iir
p by the Constitution. Any effort on til
< part of Congress 10 do this is but al
t tempt 10 revive the ouious practice of order
:, ing political arrests. or issuing letters decacA
+. ct t,y royal prerogative so long >ince renoun
II ced Ivy our English ancestors; and the denia
II of the right of the constitut onal judiciary {
,e insest ga,e such cases, and the provision f.
a creating court appointed by the ENecutiv
/, and chanyeable ar his will, to take juris.ti(
p ton at the same are in violation of her grea
ne principles OF III ,gna Charta, tie Bull of hight:
the HabeaS Corpus act, and the Cttisttutl'
< Of the Confederate States, upon .icA bot
English and American liberty rest and ar
e but an attempt to revive the olious Star
T. Chamber court of Enxland, which in III
:, :. lands of wicked king used for tyr.tnics
! purposes by the crown until it was hnall
- abolished oy act of parliament, of lot
d Charlie the first, which went in operatio
A. on tie first Of August. 1861. Thi>Saet ha
e ever since seen II, A. ded of he grea
tr ouiwarks of Engii,h liberty and it va
oi passed. by the English Parliament to seeur
d oar E glish ancestors against the very san,
>. character of arbitrary arrests which he lat
- act of Congress is intendcdto authorize tn
President to make =; | append copy of
), TO this message. with the same italics an
., jsmall capital lett rs which are used in tn
ID printed copy in the b',oA from wnion it is ia
e, ken. It val be seen tuat the court If ''Staz