Year: 1864

~'S7S
the following strong article from the Richmond Ez-
ar9i"er of Tuesday last; g.. -, ,... .--..


Arrest on mere suspicion has always been re-
garded as the most 0dious exertion of arbitrary
power. The practice has produced more revolution
than it has ever repressed The British race have
regarded it with more bitter and implacabie abhor-
renee than any other branch Of the human family.
For two centuries half of English history is occu-
pied with the cardinal theme of AGbeGs coyPu& On
this matter hinged the most bloody and destructive
civil that ever cursed the land from which this
people sprang, Arbitrary Imprisonment may quiet
the submissive populations of continental Europe,
and effectuallY serve the despotic purposes Of q
RomanoH or Buonaparte; but among the country
men of Hampden and their descendants they have
been fruitful only of bloody outbreak and impaca-
~oie civil dlssenSon. They are in conflict with our
traditions and education. They offensive to all
our historic ideas and repusiEe TO the just pride
We Cherish in our institutions and descent The
minds OF our people are nhamed. on the topic Of
personal hberty-inhamed by several centuries of
animated history and the suspension of habeGs COR
prevent


We are compelled by an irresistible conviction of
duty TO protest against suspension Of this writ
The ends designed to DO attained by such meas
ure can be reached by other means 1t is said to be
aimed ct secret treason in special localities. Let
The laws against treason be amended to embrace the
new and concealed phases of the crime and let
change OF venue be allowed at the discretion OF gov
ernment The measure is said to be necessary for
the suppression Of struggling Let stragglers be
tried summsriy Abefore al impromptu court COM
posed OF any three commSs Oned officers nearest the
place OF apprehension, and condemned and shot on
the instant of conviction. Some measure of this
sort would put an end to real Struggling which is
the evil complained of. ..


The mere actofreposing arbitrary power, against
hav froA -,
the hands of the Executive would do ten-fold more
harm than it would cure. And in this case we
have the additional apprehension that the power
would not be used to public advantage, but abused
to purposes of personal malignancy. 1t is q mourn
ful fact, placed beyond doubt by conspicuous evil
dence, that the Executive is capable of employing
the great powers of Government for the un worthy
qualification Of animosity. There is not one man
in every hundred citizens Of the Confederacy who
does not entertain this opinion. The measure itself
is repugnant to the minds and feelings of the people,
and this repugnance is strengthened by general
apprehension that the power of arbitrary arrest
would not be employed for the public good, but
abused to private injury. Bold insolent dangerous
Uniousts would remain unmolested, and jealous
secessionsts intent for the good of the upon
holding government to its duties, would be the
victims OF official passion.


Even if this grant of arbitrary power were ever
so wise in ITSELF under all the circumstances of the
hour, and even if our people had Ut been educated
in an InVeterate repugnance to sse despotic ar
rests still, what good would come Of the grant
Some of the wisest Legislation Of statute books
is dead letter from the refusal or incapacity Of the
Executive to put it in force; and how often has it
been the case that the best legislation has been
perverted to the worst purposes-purposes wholly
aside from the intentions of Congress Who will
undertake to guaranty that this power of arbitrary
imprisonment will be exercised for the purposes
contemplated Sy Congress in granting it?
We trust the Examiner has done the President un-
intentional injustice in saying that he has employed
or would employ his power to crafty his personal
magnnncy. Surely, surely Mr.. Davis would not
do that If we believed so should despair of the
Republic.