Year: 1864

The Richmond ErGnsfner Of Saturday last eons
tains an article on the subject Of Constitutional no
erty, from Which we make the following extracts
These views of the Examiner meet our hearty ap-
prevail They are based on the bin introduced by
Mr. Miles to put every able bodied man in the army
except such as the Secretary of War may think
proper to detail for the ordinary pursuits of live
The E5dminer says, whether the propounder Of
this bill really understood its .sgnifcaton may be
doubted. His remarks in support of it betrsyedan
incapacity for the business of legislation really pit
liable. 1t is more than probable that he is the sOit
less instrument Of GrHl and tcOrse intentiOn
ed men, Mr.. Miles admitted in the debate which
followed the introduction of the oll that the Pres
dent is too fond Of poloer." This would indicate
that he has some faint gimmerings of the purposes
of those who are using him as an instrument to
strange liberty and enslave and ruin the country.


The Erdminer says:


snow, the liberty of q free State has three bull
wsrks:


1st A Legislative department of government
responsible to the people, created by their free
choice


I'd. An independent judiciary.


Sd A free press.


Solong as these three things exist in any coun-
try, its inhabitants are freemen. Wherever they
do not exist, the inhabitants are really slaves; and
each may become the victim of arbitrary, irrespon
slbe power, at any moment when the occupants Of
certain places-whStever the titles-may find
motive to exercise it Neither of the three has
existed, does exist can long exist where the de-
struction of the other two has been accomplished.
Each lives with the life of the other, as we might
easily demonstrate beyond the possibility of cavil,
if we supposed such absence of reflection in the
reader that might render such demonstration any
Al. L.kk. Al e 4.
have preserved perfect all these defences Of lawful
liberty so far. But two of them, at least, are OBJ


liberated, if the propositions of Phelan to the SEN
ate, and Miles to the House, are framed into the
form of laws.


One of these men proposes the suspension of the
legal process called ha6eGs corpus" What is ha-
beas cOrpas?" When a man has been thrown into
prison without process of law, judge may order
that he shall be brought before him, and may ex-
anime :he pretense which he has been imprisoned
II there neither charge evidence of an offence
against the law, the judge may restore the man to
has liberty if there is such ground for his arrest
he shall order his trial. 1t is process TO prevent
those who have the brute force from seizing and
shutting up their fellow-ctizens on their iawIess
caprices to attain their private ends If Congress
suspends the writ of hG6eGs corpus the agents of the
Executive have the power to seize and imprison, in.
definitely, whomsoever it directs, and no power in
this country either deliver them ascertain the





a nullity, so far as the public liberty is concerned


Mr.. Miles bill is not bill to diminish the number
ofexempts from military bill to increase
their number indefinitely, and TO change the prin
cipe of exemption from benefit of the nation, INTO
the interest of the place holders. Instead Of lm
ted exemption, for a definite cause, under . law
framed by legislators responsible to the country,
here is unlimited exemption by favor, dependent
on the irresponsible will of Mr. Davis Of the most
subservient Of all his servants and of such other
Office holders as those two may choose to delegate
this most enormous, searching and far reaching Of
all means, ever invented, for altering constitution
al government into q despotism. The amount of
bribery, fraud slaVshness and malicious oppression
which such law would introduce into this land
the confusion in the social system the subVersion
of all ideas of duty and right which it would i'm
medately occasion, must be evident to persons less
innocent than Mr.. Miles. 1t would be difficult to
state all its consequences in paragraph. Happily,
it is not necessary now to do more than allude to
them. Happily, yonder man from Wheeling is not
the only Representative from Virginia; and one Of
her legitimate sons developed yesterday, in the
House, the purport and effect of this proposition,
with fearless reason and comprehensive view. Our
purpose in alludng to it here is to point out one
direct particular effect which this bill must have
when passed-the extinction Of q free press. An
independent or free newspaper cannot exist one day
after that bill becomes law Publishers Of such
must then 60 to Seddon or some local understapper
for the exemption of their hands.


Some publishers will doubtless be received with
many smiles and . prompt acquiescence in their
demands but others with gloomy frown-and all
with an intimation, more or less blunt that they
must refrain from criticism on any person or persons
holding office ). that on the contrary, they must
exalt the individual who permits them to live that
they must advocate every measure the government
.tavourS, and denOunCe, defame and reylle every
publc man who dares to doubt its expediency; that
they must represent public events according to
order and not as they are in short that they must
cease to be sources of information to the country,
and become instruments for deceYing the country :;
that they must lie, 1aster, fawn cover up cnrrup-
tlon and help usurpation to its goal If they are
wiling to do these things, then their workmen are
exempt If they are not wiling their work men shall
not be exempted. If they depart from their COM
pact an enrolling officer will notify them of their
journals death Here is one plain, straight effect
oil this bill 1t abrogates the freedom of the pubic
press lt reduces the press of the Southern States
to a condition lower than that of France to the
level Of Russia and Austria This is but one among
many similar effects which such law will have
the ignorant and the dull may think, the least
sequence but il will be found one o the most i'm
portant steps IN the establishment of rule which
the Southern people will hate and overthrow, even
If they bury themselves in the ruins. DeSpOtic
government is strong for the public defence only
among nations to whom it is natural. IL answers
that purpose in Russia, in Austria in France; but
we are not Russians, nor Austrians, nor French
We belong to a race which will not put forth ther
strength under such system, but always against
1t, because aohorrent and Odious to theik nature"


The administration presses of this State, and
among them the Wilmington journal, are prepar-
ing the minds of the people for the suspenS ion of
ha6eGs corpus and the consequent abrogston of civil