The National tribune., 1885-01-15

tcuiar grounds upon which the petitioner claims
he is Illegally restrained of his liberty IL sufficient
tC induce and even to require the Judge to issue tho
writ In every case the enrolment will be followed
by the writ and even enrolling officers will be
kept in continual motion to and from the Judge
until the embarrassment and delay will amount to
the practical repeal Of the law. Its provisions will
add no more soldiers to- The Army But this is not
all. We shall not be able to retain those already
in service. Nothing has done so much to imperil
our brave soldiers as the determination evinced by
Congress to send to their aid those who have thus
far lived in ease st home, while they were endur-
ing danger, toll apd pYirations. when the hope Of
equal Justice and OF speedy reinforcement shall
thus have failed, disappointment and dependency
will dispace the buoyant fortitude which aninates
them now. Desertion, already trightfui evil, viii
become the orderof the day: and who will arrest
the deserter, when most OF those at home are en-
gagged with him in the common cause OF setting the
Government In defiance?
ORGANIZED BANDS OF DEsERTERs
Will patrol the country burning, plundering and
robbing indscriminatey; and our armies, already
too weak, must be still further depleted, at the
most imminent crisis of our cause, to keep peace
and protect the lives and property of the citizens at
home Must these evils be endured? Must the
independence for which we are contending, the
safety of the defenseless families of the who
have fallen in battle and of those who still confront
the invaders be prt in peril for the sake of con-
formity to the technicaties of the aN of treason?
Having thus presented some of the threatening
evils which exist il remains to suggest the remedy
And in my judgment that is only to be found in
the suspension of tho privileges of the writ of
ha5ees corpus 1t is sharp rGmed but nes9s ,SS I
the Constitution. All the power OF the Govern
mcnt, extraordinary well rs ordinary, are a
sacred trust TO be faithfully executed whenever
the public exigency may require Recognizing the
general obiigatlon we cannot escape from the duty
in one case more than in another. And suspen-
sion of this writ when demanded by the public
safety is as much duty as to levy taxes for the
support of the Government. If the state of inva-
sion declared by the Constitution to be proper
case for the exercise OF this power does not exist III
our country now, when can it ever be expected to
arise? 1t is idle to appeal against it to the history
OF the old Union. That history contains no parallel
case. England whose reverence Tor the great writ
of right IS at least strong as pHr own, and the
stability of whose institutions is the admiration of
the world, has repeatedly, within the last hundred
years, resorted to this remedy when only threat
ened with invasion. 1t may occasion some clamor,
but this will proceed chiefly from the men who
have already too long been the active spirit of evil
Loyal citizens win not feel danger and the dsloya
must be made to fear it. The very existence of
extraordinary powers often renders their exercise
unnecessary. To temporise with dlsloyaIty in the
midst of war is but to quicken it to the growth of
treason.
/ therefore respectfully recommend that the
privileges OF the writ OF ha6eHs corpus be suspended
JEFFERSON DAVIS.
Richmond, va Feb 3, 1864
Feb. 8 1854 Referred to the Committee on the
Judiciary.
Feb. !, 1854. Bill g. 2i6) reported.
Appendix II.
Extract from Letter from jefferson Daris TO Cor
EXECUTIVE. OFFICE, RICEMoND, Jan. g, 1884
DEAR SIR: / have received your letter of the 30th
ultno containing suggestions OF the measures to
be adopted for the purpose Of removing " the
sources of discomfort in North Carolina"
fear much, from the tenor of the news receive
from North Carolina that attempt will be made
by some bad men to lnauguTate movements which
must be considered as equivalent to [sic aid and
comfort TO the enemy, and which all patriots should
combine TO put down at any cost Eou may count
on my aid i'll every effort TO spare your State the
scenes OF civil warfare which viii devastate its
homes if the designs of these traitors be suffered 10
make hcadway | know that you will place your
self in your legitimate position in the lead of those
who Will not suffer the name Of the Old North State
to he blaciSened by such II stain. VIII you pardon
me FOR suggesting that my only source of dis
qFnctudc on the subject arises from the fear that
you will delay too long the action which now ap-
pears inevitable and that by overearnest desire
to recl9im by consultation men whom you believe
10 be sound at hearts but whose loyalty is more
than suspected elsewhere, you will permit them to
gather such strength as TO require more violent
measures than are Bowineeded? With your nflu-
ence and position the promoters of the unfounded
discomfort now prevalent in your State would be
put down without the use of physical force if you
would abandon policy of conciliation and set
them at defiance. In this course, frankly and
firmly pursued, you would rally around you all
that is best and noblest in your State, and your
triumph would be bloodess. If the contrary policy
be adopted, much fear you will be driven to the
of force to rcpress treason In either event,
however, be assured that you will have my cordial
concurrence and. assistance in maintaining with
you the honor dignity and fair of your State
and in your efforts to crush treason whether in
cipicnt, rs believe it row to be- more maturcd,
as believe. if not firmly met it will in future
inevitably become. l have the honor to be, very
respectfully, yours, JEFFERSON DAVIS.
His Exceliency H. B. VANCE
Governor OF North Carolina.