Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1865-02-08
Il.seas cs.pa. Resolutions.

under arrest the right to be carried before civil
Tribunal to have inquired into his claim to be dis
charged or admitted to bail; and, that the implied
power to suspend the writ contained in the Coo.
stitation of the Confederate States, contemplates
the suspension of this privilege only.
Rss0tsed. That tho provision in the Constition of
the Confederate States, that person shall "be do
priced OF h, liberty or property, s0ithout due pro-
cess Of iar," was meant to deny to the Confeder-
ate government all power to make any arrests, e&
cept upon warrant from . civil tribunal, and that
any arrests otherwise made or authorized by Con-
gress or trials except by due course of law except
in cases arising in the land naval forces in the
militia, when in actual service, in time Of war or
public danger fare unconstitutional and subversive
Of every principle of civil liberty, and that North
Carolina could not see violation of this fundamen
tai and reserved right in regard to her citizens with
out the deepest concern"
Resolped, That Congress has no constitutional
trial by an impartial jury of the State and District
wherein the crime shall have been committed by |
authorizing arrests otherwise than under warrants
retuInabe before the regularly established consti
tutional tribunals of the country, except is cases
arising in the land naval forces or in the militia
when in actual service in time of war or public dan
GER" ..-.. .--,,-
ganize Supreme Court as is required by the Con-
stitution any suspension of the writ of ha6eas cor
p,s must naturally and necessarily operate to de-
prive the citizen of bis constitutional rights; and
this General Assembly doth therefore protest against
any legislation upon the subject whatsoever.
Resolved That our Senators and Representatives
in Congress be requested to protest. at all times,
against every infringement of the foregoing princi.
pies of civil rights and constitutional liberty.
Mr.. Warren delivered a very able argument in
favor of the resolutions
After speaking Of thereported unconstitutional
suspension, the Legislation Of Congress in secret
session. and the little reason we hsve from its pre-
vious action and the recommendations of the Presi
dent to expect that Congress will pass any act less
obnoxious than the former ones, Mr. Warren CON-.
mented on the resolutions, and showed that the
propositions contained in them were all true, and
that without reference to those provisions of the
Constitution which are habtually cited. Those
provisions are in the nature OF bill Of rights, and
are simply declaratory Of existing rights.
/ He then showed that it resulted from the princl.
pies declared by the resolutions and the tact
that the government is one of delegated powers,
that Congress cannot interfere with the operation
of the State writ of hdbsas corpus
Then, pursuing new line Of argument, he con-
tended that Congress cannot pass constitutional
act Of suspension. This would seem to be a para
dox but while it was theoretically false, it was
practically true. He would state the proposition
in shape in which no man could deny it. Con-
gress cannot pass an act suspendng the privilege
of the writ of nbeds c0rpus which will not operate
to deprive the citizen Of his constitutional rights.
| The Constitution provides that "in all criminal
prosecutions the accused shall enjoy the right to
| speedy and public trial" Under this provision q
party entitled to speedy adjudication OF his case,
not only in an inferior tribunal but in every coart
to which he has right to resort Let US see, then,
what would be the practical operation of an act OF
! suspension. A party is arrested for an offence
against the government, which affects the public
safety. This case is cognizable by the District
Court for the District of North Carolina, mgra-
tory tribunal, which sits at such times and places
as the Judge may appoint. He is indicted and
sooner or later is tried by the learned Judge, who
presldes over that Institution He is convicted, and
takes an appeal to the Supreme Court This he is
entitled to under the Constitution and Congress has
declared its opinion of the right by passing an act
providing for appeals and wrts Of error. But there
is no Supreme Court or rather there are no Judges
of the Supreme Court and the Court is therefore
practically non.e1istent Congress has failed to
perform its duty, and, in fact, We have no govern
ment republic without its several departments
of power executive, legislative and judicial, duly
established and organized is political monstrosity.
The language of Mr.. Madison may well be applied
to our present system THE concentration of all
power in the hands Of one man, few, Or many,
whether elective self appointed or hereditary is the
very definition of tyranny" But what becomes Of
the accused! The simple answer is that be is re-
manded to Jail, and there he must remain until
Congress shall see fit to perform its duty. Is this
the "speedy trial" guaranteed by the Constitution
Is this recognition Of the great principle Of Magma
Charta, tive will sell to no man, we will deny to
no man, neither will we delay, right or justice :?
So the dungeon retains its gictIm perhaps for the
war, perhaps longer; and all this tune the presump
ton Of innocence follows HIM ...-
Entertaining these views, and being prepared tc
protest against any act, however guarded and ap.
parently confined within the constitutional powe'
Of Congress, Mr.. Warren offered an amendment
the resolutions-the amendment being the 4th re :
, olution Of the series.
r Mr.. w. addressed the Senate ut considerable
length but his remarks were intended to be supp lie
mentary to those he had made on former occasic n!
and which were published in this paper. -,
J Mr.. Odom offered the following amendment, an
advocated it in some appropriate and forcibhs n
marks -.
Re.osued, That there is nothing in the pre- sen
condition of the country, SO far North Care lin
is concerned, which renders the suspension c tn
habeas corpus writ expedent, but that such ST. spel
sion would be mischievons.
, The amendment was rejected by the foil ,win
: vote:
YEAs.-Nessrs Adams, Arendell, Bagley, Boun
Boyle, Dick, Horton Jones. Lassiter, Lietch, Mani
Matthews, Mccorkle, McEachern, Miller, Odol
Snead Warren, and Winstead.-19.
NAYs.-Messrs Berry, Bryson, Ellis, Gri r. Ha
ris, Kirby, Long, Patterson, Patton, Ph.chtnr
F Powell, Smith, Speight, Straughan. Stubbs, War
Taylor, Whtford, Virgins, Wright and Wynn
-21. - ~. ,.s-z..
Ills not to be expected thatsach Senators asiSpeigh
, Ward, Powell. Ellis, Grier, and Whitford, shou
range themselves on the side of civil Iibe rty in
contest with the central power at Riehmo1 ID bu
we confess our surprise at the negative vote on tn
proposition of such Senators as Patterson, Pstto
-Ssrsuehan, Stubbs, Wright and others. Mr.. Wi
gins and ore or two. others. of the same s amp
Vance Csnsesvatives-we beg pardon, Va.',ce D
structves-seem to take their. positions ma sursii
| with the Davis Dsstractives They have a rish
| fhoin asa0cafea Na h