Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1865-02-07
.Hahes. Cornu. R..olntion..

the Senate on Monday last, amended, on motion Of
Mr.. Warren, by inserting the fourth resolution in
the SERIES and finally adopted bya vote of 26 to L.
The resolutions are as follows: "A, - -
RESOLUTIONS RELATING TO THE SUSPENSION OF THB
PR1vnEeE OF TEE WRIT OF HABEAs CoRPUs.
Resolced That the privilege of the writ Of habeas
corpus extends no further than securing to the party
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 ia 60 Son-
stitaton Of the Confederate States, contemPhtes
the suspension of this privilege only. p. a So .
ResolUed That the provision in the Constition OF
the Confederate States that no person shall 6ede
Priued Of life, liberty or property, withOut due pro
cess of LdW," was meant to deny to the Confe,ler-
ate government all power to make any arrests, ex.
cept upon warrant from civil tribunal, and that
any arrests otherwise made or authorized by Con-
gress trials except by due course of law except
in cases arising in the land naval forces or in the
militia, when in actual service, in time of war or
public danger "are unconstitutional and subversiVe
of every principle of civil liberty and that North
Carolina could not see a Vot5tion oftbis undamen-
tai and reserved right in rega to her citizens with
out the deepest concern"
RtsotUed That Congress has no constitutional
power to impair 1.-THE right to speedy and public
trial by an impartial jury Of the State and District
wherein the crime shall have been committed by
returnable 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" a.
ResOlued That until Congress shall see fit to or
ganize Supreme Court as is required by the Con-
stitution any suspension of the writ of ka6eas cor
Pus must naturally and necessarily operate to de-
prive the citizen Of his constitutional rights and
this General Assembly doth therefore protest against
any legislation upon the subject whatsoever.
ReSotOed, That our Senators and Representatives
IN Congress be requested to protest at all times,
against every infringement of the foregoing prnci.
pies of civil rights and constitutional liberty
Mr.. Warren delivered very able argument in
favor of the resolutions.
After speaking Of the reported unconstitutional
suspension, the legislation of Congress in secret
session. and the little reason we have, from its pre-
Vlous 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 habitually 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 princ-
pies declared by the resolutions and the fact
that the government is one of delegated powers,
that Congress cannot interfere with the operation
OF the State writ of hd6eGS corpus
Then, pursuing new line of argument he con-
tended that Congress cannot pass a constitutional
act of suspension. This would seem to be para
dox, but while it was theoretically false, it was
practically true. He would state the proposition
in q shape in which no man could deny it. Con-
gress cannot pass an act suspendIng the privilege
of the writ Of hH6eGs corpus which will operate
to deprive the citizen of his constitutional rights.
The Constitution provides that "in all criminal
fha cad holl ba riuhf
speedy and public trial" Under this provision a
party is entitled a speedy Adj0deation of his case
not only in an inferior tribunal but in every court
to which he las right to resort Let see, then,
what would be the practical operation of an act Of
suspension. party is arrested for an offence
against the government, which affects the puhc
safety. This case is cognizable by the District
Court for the District of North Carolina, migra-
tory tribunal which sits at such times and places
es the Judge may appoint. He is indicted and
sooner or later is tried by the learned Judge who
presIdes over that institution He is convicted and
takes an appeal to the Supreme Court This be is
entitled to under the Constitution and Congress has
declared its opinion of the right by passing an
providing for appeals and wrts error. But there
is no Supreme Court, 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
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 hereditary is the
very definition Of tyranny" But what becomes of
the accused? The simple answer is that he is re-
manded to Jail, and there he must remain until
Congress shall see fit to perform its duty. Is this
the speedy trar' guaranteed by the Constitution?
Is this recognition Of the great principle Of Magma
ChGrtG, 1--WE will sell to no man, we will deny to
no man, neither will we delay, right or justice ?"
So the dungeon retains its victim, perhaps for the
war, perhaps longer and all this time the presump-
ton of innocence follows him.
Entertaining these views, and being prepared to
protest against any act, however guarded aud ap-
parently confined within the constitutional power
Of Congress, Mr. Warren offered amendment to
the resolutions-the amendment being the 4th res
olution of the series.
Mr.. W. addressed the Senate at considerable
length but his remarks intended to be supple
mentary to those he had made on former occasions,
and which were published in this paper.
Mr.. Odom offered the following amendment and
advocated it in some appropriate and forcible re-
marks:
Resoloed, That there is nothing in the present
condition Of the country, so far as North Carolina
is concerned, which renders the suspension of the
habeas corpus writ expefent but that such suspen-
sion would be mischievous,
The amendment was rejected by the following
vote:
YEAs.-Messrs. Adams, Arendell, Bagley, Blount,
Boyle, Dick, Horton, Jones, Lassiter Lietch, Mann,
Matthews, McCorkle, McEachern, Miller, Odom,
Snead, Warren, and Winstead.-19.
NAYs.-Messrs Berry, Bryson, Ellis, Grier, Har.
ris, Kirby, Long, Patterson, Patton, Pitchford
Powell, Smith, Speight, Straughan, Stubbs, Ward,
Taylor, Whitford Virgins, Wright, and Wynne,
-21.
Hisnot to be expected that such Senators Speght
Ward, Powell, Ellis, Grier, and Whitford, should
range themselves on the side Of civil liberty in
contest with the central power at Richmond; but
we confess surprise at the negative votes this
proposition of such Senators Patterson, Patton,
Straughan, Stubbs, Wright, and others. Mr. Wig
gins and ore OF two others, of the same stamp of
Vance ConservNtives-we beg pardon, Vance De-
structives-seem to take their positions naturally
with the Davis Oestructives. They have right
however, to choose their own associates. We do
not complain, but simply exercise our right to place
their record before their constituents.
We are glad that these poble resolutions have