Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1864-05-17
5elti-4DfrkI4 @tanaar1.
From the Nnrth-Ca Standard February >, 1885,
s.s The Sc Great Writ of Right"


Wehave the pleasure of laying before our readers
to day. an able and eloquent communication over
the signature of D1Oe on the subjecto the "great
writ of right" the Ad6eas corpus The writer is
thoroughly informed on the subject and his demon
stratons, founded On the Constitution itself, are as
clear as sunbeam. Read This communication, and
then hand it to your neighbour s r,7 ~
q - 3, For the Standard.
4 frequent occurrences to fundamental principles Is
absolutely necessary to Pressrcs the blessings %
liberty. DECLARATION OF RIGHrs, Sec. Il.
Such is the warning of our ancestors, when, in
the midst of war from abroad and civil strife at home,
they proclaimed for themselves and their posterity,
the great principles Of freedom which constitute our
Declaration Of Rights. Among these fundamental
principles, the power is denied of suspsndIng laws,
or the execution of laws without the consent OF the
representatives of the people, and the right is as
serted that the military should be kept IN strict
subordination to and governed by the civil power
Here also it is sOlemnly declared that general war
rants to seize any person, whose offence Is not
particularly described and supported by evidence,
are dangerous to liberty and ought not to be grant
ed" That no free man shall be put to answers any
criminal charge but by indictment, presentment or
impeachment" that "eyery man has right 10 De
informed of the accusation against him, and TO con-
front his accusorS and witnesses with other tesimo-
n.y." that no free man shall be convicted OF any
crime Out Oy tue uuahlInOuS VI
And lastly that "eyery free man restrained OF MS
liberty is entitled to remedy to inquire INTO the
lawfulneSs thereof and to remove the same II IN
lawful and that such remedy ought not to be denied
or delayed
Such are the strong and noble guards against OPP
preston with which patriotic sires fenced the
personal liberty of every citizen OF the state anu
a greater degree of happy freedom no people ever
enjoyed, so long these guards were kept sacred.
In process of time our ancestors entered into new
political engagements, and became subject, IN
great degree to another form OF government, when
Still continues Now let US see whether they sur
rendered in the new relation in which they placed
themselves, any of those priceless munments OF
freedom In all respects affecting personal liberty
they are the same in the Constitutions both OF the
United States and Confederate States; but quote
from the divisional arrangement OF the latter Con-
st1utiOn:
1.-THE right of the people to be secure in their
persons against seizure shall not be violated, and
no warrants shall issue, but upon probable cause,
supported by oath affirmation. AIT. l, sec. .,
c. 10.
No person shall be held to answer fer capital
or otherwise infamous crime, unless on preseu.-
ment or Indictment of grand jury, exceptln cases
arising in the land or naval forces, in the militia
while in actual service in time of war or public
danger. Nor shall any person be deprived OF llo-
erty without due process of Law. Sec 9, cl. l6.
In all criminal prosecutions, the accused shall en-
joy the right to speedy and public trial by an i'm
partial jury of the State and district wherein the
crime shall have been committed. And
to be Informed of the nature and cause of the ac
cusation to be confronted with the witness
against him, and to have compulsory process for
obtaining witnesses in his favor. Sec. 9, cl II.
The trial of all crimes except in cases Of impeach-
ment shall be by jury and such triashall be held
in the State where the said crime shall haYe been
committed" Art g. sec. 8, cl. 3.
Such are the guarantees of the inyioability of a
freeman's person under the Confederate Constitu-
ton-concurrent in almost in every particular with
those of the State Constitution, and repugnant in
pone. Now 1t is manifest, 1St, that no citizen OF
this State, not in the army or navy, nor in the mill
tia while in actual service, can be consttutionally
"deprived of liberty" without due process of
law" which due process is defined in section 9,
before cited wherein it is declared that the people
shall be secure from seizure except upon warrant
issued upon probable Cause, supported by oath or
affirmation" 9. That every citizen not in the
army, &C. is entitled to q speedy and pu5Iic trial
by a jury of the district and State wherein the
crime is committed
That many of our citizens now, and for
long time have been denied these palpablc const-
tutional rights thus secured by two Constitutions
for nearly century, is open and public as noon
day. Is it any apology that they have been arrest
ed by the military authority? Where is its war.
rant for such procedure? Certainly it is not
found in either State or Confederate Constitution
Ii IL e8eTCiSe lnlS power Iuen vain as C0li0S
whistle IS that emphatic declaration, that the mill
tary should be kept in subordina:ion to the civil
power. Did our ancestors of EaSt age, or our pa
triOts OF this intend to guard the person of free
man from seizure, without due process, even by
regular officer of the law, the neghbor or acquain-
lance, perhaps Of the accused and likely therefore
as well as from his habits and official responsible
ties to be mild and kind in the execution of the ar
rest, and who would take bail if the offence would
allow of it. and yet commit such power to the rude
soldier, who, both stranger and blunted in his
sympathies for his ellOwman by his profession, ex-
h5ls his musket for his warrant and takes for bail
only the walls of loathsOme jail If this be true
of our times, we'll may the ctizen exclaim with an
eminent patriot of the days of Charles [, 81 can
live though another who has no right be- put to
live along with me: nay, l can live though bur-
deped with lnpositionS, beyond what at present l
labor unoer; but to have my liberty, which is the
soul of my life raVished from me to have nv per-
SON pent up in gao, without relief by law and to
be so adjudged-O, improTident ancestors o, IN
wise foreathers to be SO curious in providing for
the quiet possession of lands and the liberties
ofParliament-a at the same time to neglect our
personal liberty, and let lie in prison. and that
during pleasure, without redress or remedy If
this be Law, why do we talk of liberties I? Why
trouble ourselves with disputes about Constitu-
ton, franchises, property of goods and the like
What may any man call his own if not the liberty
OF his person? | am weary of treading these
ways" Griefs like this drove the people of Eng
land to rebellion, and ultimately wrung from the
throne the famous babeas corpus act, the second
Magma Charta of that mighty Empire, which became
the inheritance of our colonial youth, afterwards
infused itself into our Declaration of Rights, and
now spreads itself over the most sacred page of
our Code. Proudly now do the English people.
look back to their struggles against illegal commit
Inents by the power armed with the sword, and re-
joice IN the fruits of their noble maxim of liberty,
that public injury offered TO the humbest subject
is an insult to the whole people
The apology commonly Offered for such arrests
and commitments by the military power is, that the
privilege of the writ of haGsas corpus is suspended
by competent authority. Admit, for argument,
that it is SnSnended over the uhnln Sta and