Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1870-01-14

militia to put down the insurgents. Upon
this latter point it will be sufficient to re-
mark that Sd Section of the XII Article
of the Constitution says: "The Governor
shall be Commander-in.Ch Chief and have
power to call out the militia to execute the
law. suppress riots or instruction and to
repel invasion" and that, therefore, there
was no necessity to pass this bill to give
| i'm this power.
There is, however, no clause in the
Constitution comforting upon the Cover
nor the right to declare county to be in
state of insurrection, and in this connec-
ton it is material to enquire what will be
the effect Of declaration by the Cover
nor that the county of New Hanover, for
instance, is in state of insurrection. The
bill itself gives US no information In re-
gard to the matter, save as to the payment
OF "tbe expenses attending the calling
the militia into active service" The
Constitution says nothing afirmatively
about the matter; it has, however, much
to say about it negatively. It does not
tell us what ii is, but it does tell US what
it is not. 1t does not say what Governor
| Holden may do if this bill becomes law,
but it does say what he shall not do. We
quote in full the following sections of
Article of the Constitution of the State
of North Carolina.
| Sec. 9. All power Of suspending laws, or the
execution of laws, by any authority, without the
consent Of the representatives OF the people, Is
injurious to their rights and ought not to be eX-
| ercised.
Sec 12. No person ehalI be put to answer any
criminal charge, except as hereinafter allowed,
but by indictment, presentment or impeachment
Sec 10. No person shall be convicted OF any
crime but by the unanimous verdict of jury of
good and Lawful! men in open Court. The Legls.
lature may, however, provide other means OF
trial for petty misdemesnors, with the night OF
Sec. II. No person ought to be taken, impris-
oned or diseeized of his freehold, liberties or
privileges, or outIawed, or exiled, or in any man
ner deprived Of his life, liberty, or property. but
by the law OF the land
is entitled to a remedy to enquire into the law
fulness thereof, and to remove the same II I'M
lawful and such remedy ought not tC be deuled
| or delayed.
Sec. 81. The privilege of tho writ of tabPGS
corpus shall not be suspended.
SEQ So. All Courts shall be open, and every
person for an Injury done him in his lands,
| goods, person, or reputation, shall have remedy
by due course of law, and right and justice al
ministered without sale, denial, or delay.
! If therefore, the Constitution be indeed
the supreme, paramount law of the State,
not to be altered or changed by any mere
Legislative enactment, it is plain, even If
this bill should be passed by the Legisla-
ture, and in pursuance thereof Governor
Holden should declare the county OF New
Hanover to be in q State of insurrectlOn ;
that he could not take or imprlson the
humblest citizen in the county but by the
law of the land that he could not put TIE
humblest citizen to answer any criminal
charge but by indictment, presentment or
impeachment, or convict him but by the
unanimous verdict of jury in open Court,
except in cases of petty misdemeanors,
and then even the right OF appeal is guar
, anteed that he cannot suspend any law
, that if any man should be restrained of his
liberty for any cause, he is entitled to 8
remedy-the great writ Of Ha6edS Corpus
to inquire into the lawfulness thereof
and to remove the same if unlawful, and
that, too, without delay.
With his authority thus circumscribed
by the Constitution, Governor Holden be.
comes quite harmless man, and declar
alton of state Of instruction quite ar
, impotent affair so far as the rights of per
son or property can be cOnstitutionally al
: fected by any authority conveyed to the
) Governor by the first section OF this bill
The true legal construction Of this section
would seem to be simply to designate the
Governor as the person to officially ascer-
tain and declare the existence of an insur
! rection, in order that the Legislature may
as authorized in such cases in 9TH section
of the article of the Constitution, raise
money to meet the expenses without levy
, ing special tax to pay the interest.
The second section Of the bill authorize:
the Governor to request the President tt
suspend the writ of Habeas Corpus in a
county previously declared to be in a state
, OF instruction. This the Governor Cal
do without the bill. AS it cannot be pre-
tended that any power is hereby conferred
upon the President, it is evident he canno
comply with the request of the Governor
unless he is authorized to do so by the
Constitution of the United States. The
ninth section of article first of that Con
, stitution declares "the privilege of the
writ of HubedS Corpus shall not be suspend
ed unless when in cases Of rebellion Or in
vasion the PUBLIC safety may require it.
We shall not stop to consider in what case!
an instruction may or may not be re
3 belion, nor whether President GRAFT OF
Congress har the right to decide when The
| public safety requires the suspension O.
the great writ, nor whether, when the pub
lie safety does require it, lie or Congress
has the right to suspend it. There is time
enough to talk of this hereafter.
The third section Of the bill requires the
Judge, upon simple motion of the Solicitor
to move the trial of any man indicted FOL
murder, conspiracy, or violation of th'
act making it criminal felony to go mask
cd TO INV county of the State the SOlici-