Year: 1863

Wnat are we nghung f0rI MOI LOT the sake Oh
6ghting-uot for any man or set Of men, but for
liberty and law. There can be no civil liberty with
out civil law. Military law may be endured in
camps during war; but outside the camps it should
never be fell: 1t is principle as old as English
liberty that no man shall be imprisoned without
due process of law. Our Courts have thus far
maintained this great principle, and We trust they
will continue to do So


We have heard of recent infringements Of person.
al liberty in this State by order Of military officers,
which will doubtless receive the attention Of the
General Assembly; and also of military interference
with the freedom Of suffrage whichcannot be over
looked by the General Assembly if we expect to
retain even the forms of freedom.


We learn, for example, that q test oath was re-
quired of certain citizens of BERTHE County at the
late election and that the action Of the inspectors
on this subject was sustained by some Georgia
troops at the point of the bayonet 1t is expressly
provided by the statute law of this State that it shall
"not be lawful to assemble armed men on the day
of election at any place appointed by law to hold
elections for electors, governor, members of Con-
gress, or members of the General Asse embly, under
the penalty of one thousand dollars to be recovered
Of any person who shall call such muster or assem-
BILE such armed men, and applied one half to the
use of the former and the other half to the use OF
the State" Yet armed men were assembled in Ber-
tie, and some of the citizens of that County
arrested and held in custody by the military. We
learn also that the military terrorism which pre-
vailed in some of our Western Counties prevented
numbers Of citizens from voting.


Confederate Colonel, few weeks since, ar
rested one of the best and worthest citizens of
Wilkesborough, and put him in the guard-house on
the vague charge that soldier had told him, the
Colonel, that deserter had told him, the soldier,
that he, the deserter could get as much powder as
he wanted at the store of the citizen arrested!-
and further, that the citizen referred to Lad been
active IN the peace or so-caled Union meetingsl-
He was thus imprisoned on suspicion, and because
he had attended and taken part in apublc meeting,
composed of loyal citizens.


We have also heard that another military officer
boa>ted, when he reached that part of the State,
that if Chief Justice Pearson executed any writs of
habeas corpus in relation to those under his CON-
mand, be would have to do so over his bayonets i;
but the Chief Justice did execute wrts of the kind
and the officer had the good sense, reflection, to
respect the action of the Chief Justice.


These acts, and many others that might be men,
toned have been committed in contempt and dero-
cation Of the Constitution and laws of this
Sate and it is for the Legislature to vindcate and
uphold that Constitution and those laws The ju-
dicial branch of the State government must be sus
Il =. IL
water against the nfowing tide of innovation and
aggression. Here at the very outpost, the strides
of military power must be net and resisted. Our
people have right to assemble together to consult
| for the common good; and "no freeman ought to
be taken, imprisoned, or disseized, Of his freehold,


liberties, or privileges, or outlawed or exiled in
any manner deprived of his life, liberty, or proper
ty, but by the lao of the land" We trust the Leg
islature will maintain these rights at all hazards,
and sustain the Courts in their decisions. In the
language of Gov. Graham in his speech in the Con.
vention, tour people are resolved to be indcpen-
dent and free, not only in the end but in the means


they are resolved, not only to be ereemen at the
termination of the CONTEST but will not surrender
their liberties during its progress" This is Of the
| essence OF COnSerVaLlSul duu Wuio o1 tuS Suo-
iect, though we would make no invidious compari-
sons between the Judges, we beg to be allowed to
bear our testimony, we have heretofore done. to
the infexible and able manner p which Chief JUS
tice Pearson has upheld the civil law in the face of
military power. 1t has so happened that he
has been more frequently called on than the other
Judges to interpose to protect the weak against
the strong; and if his decisions have not in
every case commanded the assent Of all, they
have nevertheless been distinguished by fund of
learning, a discrimination, and devotion to the
great principles of civil freedom which have excited
the respect and admiration of our people.
We repeat, the civil laso must be maintained
We must preserve liberty among ourselves while
contendng for it against our enemies; for If it
should be lost in the struggle and unbridled militia
~ power should take its place, in vain will be all
our struggles sacrifices, and privations in this rev.
| olution.


We regret to learn taat the Rev. R. G. Maynard