Year: 1863

What are we fighting for? Not for the sake OF
fighting-not for any man or set of men, but for
liberty and law There can be no civil liberty with
cut civil law. Military law may be endured in
camps during war, but outside the camps it should
never be fell. tits 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, which cannot be over
looked by the General Assembly if we expect to
retain even the forms of freedom.


We learn, for example, that 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 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
mot 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 mbly, under
the penalty of one thousand dollars to be recovered
of any person who shall call such muster or assem-
bic such armed men, and applied one half to the
of the nformer 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 were
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.


A Confederate Colonel, few weeks since, ar
rested one of the best and worthiest 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
he wanted at the store of the citizen arrested!--
and further, that the citizen referred to lad been
active IN the peace or So-called Union meetings.
He was thus imprisoned on suspicion, and because
he had attended and taken part in public 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
hdbeas corpus in relation to those under>his COM
mand he would have to do so over his bayonets
but the Chief Justice did execute writs of the kind





| 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
State and it is for the Legislature to vindcate and
uphold that Constitution and those laws. The ju-
dcia branch Of the State government must be sus-
tancd at all hazards. 1t is the last great break
water against the inhowing 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 disSeized, of his freehold,
liberties, or privileges, outlawed exiled, in
any manner deprived of his life, liberty, or proper
ty, but By the Laac 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 indepen-
dent and Free not only in the end but in the means
they are resolved, not only to be :reemen at the
termination of the contest but will not surrender
their liberties during its progress" This is of the
essence of Conservatism And while on this SUBJ
| ject, though we would make no invidious compar-
| sons between the Judges, we beg to be allowed to
bear our testimony, we have heretofore DONE to
the inflexible and able manner in which Chief JUS
tce 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, discrimination, and devotion to the
great principles of civil freedom which have excited
the respect and admiration of our people.


We repeat, the ciUiL lao must be naaintained.-
We must preserve liberty among ourselves while
contending for it against our enemies; for if it
should be lost in the struggle, and unbrided militia
ry power should take its place, in vain will be all
our struggles sacrifices, and privations in this
olution.