Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1872-06-07
The writ of Ma Deas Corpus.

This great writ OF rIght was framed by
our English ancestors to protect and guard
the liberty of the individual against any
and every assault. In form, it is simply a
paper writing signed by a Judge and di-
recued to any person alleged to hold anoth-
er in unlawful custody, directing him to
bring the body OF the person detained, to-
gether with the cause Of detention, before
the Judge. If the order is obeyed the
Judge examines into the laWfulness of
the alleged cause of detention, and either
remands the prisoner into custody or or
ders his release, as the case may require
If, however, the party to whom the writ is
directed refuses to obey it, he is proceeded
against by the Judge for contempt and
punished by fine and Imprisonment in his
discretion, provided always the Judge does
not become exhausted" like Chief JUS
tice Pearson, in the case of Kirk and Hol-
den. The course of Chief Justice Pearson
in 1870 led to a practical, Virtual suspen-
sion of the privileges Of this great writ and
| the consequences thereof were witnessed
in the unlawful arrest and detention il
prison of many Of the best and purest citi-
zens of North Carolina and in the hang
ing and otherwise torturing and Outraging
Of others. All this was done in spite OF the
21st Section Of Article l Of our State Con-
! Stituti0n, which declares that " The priv
/ Iege Of tie writ Of Udbeaa Corpus shall
! not be suspended" and iii spite Of the
! declaration Of the Constitution OF the Uni
! ted States that " the privilege Of the writ
of U0beds Corpus shall not be suspended
unless when i'll cases of rebellion or inYa-
sion the public safety may require it,"
Congress, though often solicited so to dc
by Governor Holden, refused to suspend
the writ IL the year 1870. In 1871 the
power to suspend it was conferred up
Oh Tie President. The time for which that
power was granted is now about to expire
and n tremendous pressure is being
brought to bear upon Congress TO cXtcnt
it. President Grant asks for its extension
Governor Caldwell asks for lis extension
and it is stated in the \ Orthern papers tina
the Southern delegates to the Philadelphi;
, Convention will stop in Washington Oh
their return to their homes for the pur
pose of urging upon Congress the impOr
tance Of suspending the writ i'll order t.
enable the Radical party to triumph in th
coming election. What the result will be i
is difficult to say. If the Session of Con
gress be prolonged for any length Of time
the probability is that the bill will be pass
ed. If it be passed, President GRANT cal
by simple proclamation empower Cover
nor CALDWELL to arrest and imprisOn
without remedy or redress, citizens Q
North Carolina without going through til
formality of ''exhaustin3 the power Of tai
Judiciary" CALDWELL will then be mas
-er of the situation, and his whole of1icia
life shows that he viii use the abS0lut
power thus conferred upon him in tn
most violent, oppressive and tyrannica
manner. If Congress shall pass the bl
suspending the writ, our only escape Wi
be to render it imperative by the defeat c
, CALDWELL in August, and Of GRANT il
, November. If ever the Conservatives c
, North Carolina had reason to work 70
their cause and for their candidates, the
have It now.