Newspapers / The Weekly Standard (Raleigh, … / Dec. 14, 1864, edition 1 / Page 2
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HUB. XlUiiill CaKOIOA iiT aH 1A1U i WKDNESDAlf . DEO. tm. i V. 1' I r J lili! 1 1 11 Ih 13 i i .1 v. : i v: W'. 7 1 CORRESPONDENCE. IIhuse of Commons, Dec. 6, 1864. S. F fiiHif, Eq .-- Dbar Siis: Your friends re anxious to sec the subsunce of your speech to day in print, and the v hidesoine truths it contained di&senunated among the puop!e Ple--.se furnish ire with a full report of it at as e-irly a day as your convenience will allow. Very r-spoc'fully, . Your ojodic-nt servants, p. M. CARTER. A. C. COWLES, EUHENE GRIONf, THUS A. ALLiSON, It S. DOMNELL. DAN'L. O. POVVLE, M. McuEifRS. IIa.ufe or Comvoss, ?th Do.c, 1864. Vl Carter and others : Gkntlmex: I will comply with your request within a d-y or two. Thanking you for the compliment you have pul in , and wishing the speech were more worthy of it, I am, very truly, Your friend and servant, S. F. PHILLIPS. ' SPEECH OF SAMUEL F. PHILLIP.-, ESQ., In the -House of Commons of Norlh-Giro-lina, Tuesday Dece-mber 6th, 1864,- on fie subject of Lnpras3men(s. M:t. SrKAKUKi Recent occurrences in the comity of Or.trtge have suggested to ma tbe propriety of introducing the resolutions which have jn4 beea f&d. I do not mean to say that Orange has suffered more from the action of agents for impressments than the other counties of tli3 State, but the recency of Hut action ainon my constituents render ed it proper rliat slimiM call the atten tion of the Legislature to it. The preamble to those resolutions as sets truths which no intelligent gentle m:tn upon this floor, whether lawyer or ho!-, wilt deny. 1 shall not trouble the House with an argument upon them. The first of the resolutions which follow, makes allegations which, if true, are palpable viidatiotjs of the rights asserted in the pre amble. The only question which arises upon that resolution is as to its trnth. And, upon this question, I might perhaps in ;ke a witness ot every gentleman upon tliM floor. For I can "hardly doubt that. v iry one here has been so far personally vvrmznnt of facts going to establish this ji tint that ho might he called as a witness to establish it before a court and jury. Wirliin the last two wdak3 an agent of tlm Confederate States Ins impressed in ih county of Orange ISO horses and mules at an average price, as I was inform ed by an officer of the government en jr.'.gea in the transaction, of about $700 v:si;h. I enquired of the same gentleman what was the average market value of the animals thu3 taken, and was answered "at lea it $2,100 each." It appears, then, that by this single operation, the Confederate States' government has forcibly seized for its own use more than $300,0&0 worth of property ; and left in the bends of its own ers little scraps of brown paper, promising to paT at some indefinite period about SI 00,000 1 In simple language, it is a transaction by" which that government has possessed itself of 200,000 worth of prop erty without paying a sintHe dollar of equivalent 1 It has, by its agents, acting under a regularly organized -system, rob l)cd certain persons whom those agents hai-.j selected witlr.u ties -conwfy referred to, of $200,000. The county which I have the honor, in part, to represent in this House, m ikes up a Senatorial district, and contains about one fiftieth of- tho jnperry in the State. Doing these im pressment agents the justice to suppose that, they have been impartial in their vis its to-tho various sections rf tbe State, the House will see that they have in the item of horses and mules robbed the State of some $if),000,000 worth of property. I mean to say that in the name and nnder the machinery ot the Confederate govern ment, they have overawed certain citizens of North-Carolina into delivering to that government property worth $15,000,000, at a nominal price of 5,000,000. This action comes fully np to ray conception of the idea. contained in the word robbery. If tlre.action which has recently taken place in Orange county were the conse quence of the presumption of a subordi nate agent of the government, it were mora easily tolerated than now. Or if it arose from the occasionally irregular work ing of the machinery of that goveVnment it might be better borne. That it U part of the settled policy of the Confederate Stftfes,and the regular and intended effect of certain acts of Congress is that vvhich gives this action its pecufiar unpleasantness, and makes it the more imperative for this Leg islature to utter its remonstrance and pro test. When wrong is done under the col or of law, it becomes most dangerous. I hold in my hand a pamphlet contain ing the "General Orders" issued to the anny from Richmond, from which it ap pears that this subject of impressment has occupied the attention of the government for several years As early as the month ot .Tune, 18G2, an order was issued regula ting this snbject. Some months afterwards 5t appears by another order that great com plaints had been made to tho government in relation to it. The complaints compell- ' ed" Congress, about the month of April, ISO 5, t pass an act upon the subject, a great part of which is still in force. .TJiat act provides that where officers impress property that is in the hands of its produ cer, two referees (with liberty to select an umpire) shall be chosen by .the officer and fho owner respectively, and they shall set tle the price to be paid ; where the prop erty is'not in the hands of the prodecer, but of a man who holds it for sale, the pric-5 to be paid by government shall bo . regulated by the schedule prices fixed by Jiie Commissioners appointed 'for making tho schedule. This difference between the producer and the other classes wag main tained, however, for but a few days, as ?Vo:her act, passed before the 1st of May, JSM, proy.ded that in all eases of impress moot the impressing ollicer might endorse Vp.n the award of the referees his disap proval, vliei-cnnon an appeal would lie to the Commissioners upon schedule prices. As these persons had already appraised property of the sort injdispnto, it is clear that the practical operation of these laws in either case is to give the owucr oi)ly:t scueuuie prices. . r or -instance, m iuo c of a horse, the owner may always be sure that if be choose to make ever so mi ch opposition it will result in his getting only the price of one or another of theclasses un der the schedule. A paper now in hand, being a warning' to a gentle man iu Orange that thugoveroment agent wished to buy a horse, makes this evi dent, for the proposal made by hiin is ex pre&sly to buy it at schedule prices, the penalty being an impressment. Of course such au officer would ncrer approve an award by referees giving ft greater price. Ho woiiid appeal until he brought it where it was certain that none but sched ulo prices would bo given. So well, in deed, is this uuddTstood, that., as was- in formed, the relorees at Ilillsboro' confined themselves to assigning the horses to one or another of tho classes in the last sched ule. And, as might well have been an ticipate J, in the whole assembly ot irri tated and outraged citizens, no one took a appeal. In discussing this matter I am riot to bo cheated with" words. I press through them futo the substance of this transac tion ; and I gather the intention of govern ment from the uniform action of its agents through a period of years, and after its at tention has confessedly again and again been called to tho subject. What was done in my own xsounly in November, 1SG4, has been done (aad often in a much more galling manner) in other conn ties and other States, in the Spring and Fall of in the Springaml Fallot' 1863, andin the Spring and Fall of 18b'i ; and that which has-been cited in regard to horses, has been done time and again in regard to wheat, coin, cattle and many other articles of jcoperty. I am not then to be abused by having pointed to my attention that tho act of 0 ngress provides in terms for a "just compensation." I reply that tho act, after using these smooth words, in augurates a system of proceedings which never has given tho citizens that compen- I sat ion of which il speaks. It .of pur pose keeps the worn or promise to tne oar, and breaks it to the hope. Throughout the whole State, and so far as I am inform ed throughout the whole country, its oper ation has been uniform. It cannot be that such uniformity of action among many different persons who have no opportunity for consultation, lias not beea dictated by the common source of their apoointment -I mean the governmeut. Mr. Hemmm ger and Mr. Treuholm, who have tried one wild experiement after another upon the enrrency, make use of these commis sioners of schedule prices in the course of these experiments; and tho instructions under which they act are to depness prices to a standard in accordance with soma flighty notion these gentlemen e.u tcrtain as to the value of Confederate Treasury notes. They are making their experiments at the expense, of thosepor sons whose property they impress. Upon what show of nrnni-iotv ta thi'a donnf ff t t j . w a th currency have depreciated because it is too abundant, experiments to raise its value should be tried at the general ex pense of the whole country. The method by which those experiments are to be I made is taxation. Ho constitutional prin ciple can be more axiomatic than this, lhe constitution prohibits all sch trifling with private rights under the head of impress ments, by stipulating on behalf of the citizens for a "just compensation." What an outrage, then, upon that constitution, is it for the Confederate Government to suggest to its commissioners as part of their duty iu fixing impressment prices, to cons. lit other influences than the gen oral market value of an article 1 What a mixture of absurdity and grievous oppres sion is it to make private persons whose property is taken by government, contri bute far above their proportion towards establishing a state of things, the benefits of which belong to the public in general I Our indignation would rise all the higher did we fully appreciate the fancifulness and the eccentricity displayed in those ex periments; The variety of their plans, and the solemn censure which one philoso--pher passes upon the unsuccessful experi ments of his predecessor, carry the memory back to the age of the alchemists, and .their marvellous endeavors to trans mute the baser metals into gold. Bnt it is not necessary in tin's, argument to insist npon that it is most plain that even if these experiments resulted in success they should be made at the expeuse of the whole community. I am not understood' as denying to the government the right to seize private property whenever needed for its use. It has a perfect right to do so. The point upon which I have insisted is that it must pay just compensation therefor. It must pay for such property, all that a private person wonld have' to pay for it. The government has only one advantage in such matter over the citizen who wishes to buy. It can compel a sale. But it cannot force upon the owner a less price than his neighbors would have given, had he been disposed to sell. I i.isist that the Confederate States can not practice taxation nnder the name of impressment. This they have been do ing repeatedly ; and thereby have broken their coastitutionatf obligations not only upon the eabjoct of a j ust compensation, but also upon that which apportion taxa tion. In the ease which I have referred to in Orange county, if the government had levied a tax upon the owners of the property taken to the amount of $221,000, they could Jiave sold the property that wa3 impressed, paid the tar, ana upon thai re tained. in their pockets in cash the amouait of money for which they hae now a gov ernment promise to pay whenever the Se-' cretary of the Treasury shall think it a good financial expedient fo issue the Botes re quired for the purpose. Looking, then, through words to' things, we have before us a most unconstitutional flood flagrantly oppressive tax levied npon certain people in the "county of Orange an unconstitu tional and llaarantbi onnrpxhinp. tax ! which' fas been levied time and again in regjfrd to various articles of property upon citi xens throughout most of the counties of the State ; '-.-C' It is not proper that the representatives of tho people shall view theseuiflgs in si lence. After inore; than tw(f years have passed since the inauguration of the sys tem, surely it is not too soon for the Leg islature of North-Carolina to oxpress its opinion of it in plain and vigorous lan guage.' This matter of tlie security of priJ vato property trom tlio toucn oi govern ment is a. point of honor in the peculiar civil liberty which we inherit from our an cestors in England and Upon this continent." Far back in English history, and from the very beginning of our own history, this has been considered a point of- vital impor tance. We shall be recreant to our great public privileges, if we do not brand the assault wliich is now making upon this, their veiy point of honor, in that free lan guage which it is our right, and. duty to employ. ' John .Hampden resisted the whole power of the English government in the case of Ship Money, when the assess ment was only a matter oi twenty shillings, and at that less than his ratable share of the tax, supposing that it were legal. For that he has become immortal with us. In this Statojjie goverutnent has as yet met with no lawful resistance of these demands. -This acquiescence is not upon the' score of patriotism, for the people are indignant at the oppression. I know in. my own coun ty of gentlemen of most approved patriot ism, whose eyes flashed fire at the thought of what had been done. It is idlo to talk of a free people loving a government which ,robs them of their property. The Confed erate government has only to persist in this course towards Southern men, and it will surely lose every vestige of their af ' faction. They wonld be unvorthy of their lineage and of their educatii if it were otherwise. They must forget many of the martyrs of their former liberty ; they must become cold to many of the most touch ing incidents in the history of their race, before they cease instinctively to turn up on auy organization of power that trifles with their pri vate property. As to the character of the remedy pos sessed by the'peoplein cases of unconstitu tional impressments by government direct ly for itself I observe some difference of opinion between two of the ablest lawyers this continent has produced. Chancellor Kent regards it as the right and the duty of the citizen to enjoin tho government; Chief Justice RufJin regards snch injunc tion impracticable, and says that tho duty of Congress to give just compensation for pro perty impressed is of that class of powers which the judiciary cannot enforce, bnt which must be- left" to the understanding and conscience of Congress. ' I submit to the House that whichever opinion shall be considered law, the Legislature is impe ratively called upon for action, at least like that presented by the resolutions. If it he that a person whose property has been impressed has this remedy of in junction, let us consider how significant a thing it is that in tho midst of a spirited people, indignant at a notorious violation of their rights a repeated violatiou in sub stantial respects no one has been found to apply for this remedy ! To what shall wo ' attribnte this inaction 1 I know of but one explanation ; and that is, despair of suc cessfully contending with the government, or the apprehension that if they succeed fiiey may drawdown upon themselves the i oalice of tho myriad of officials that swarm Sir. this land, and whoso wrath would produce effects greatly overbalancing their . gain by the litigation. For the rest, they reiuemuer that they have appealed to the Confederate goverumcnt time and again without result, or if with result, the result of rendering the system of impressment more rigid and severe.. If this apathy and sullen despair have taken possession of our people, let the voico of this Legislature aro forth like the blast of a trumpet to arouse ana ree insure tnem. .Let it be to them what the example of Hampden was to the thou sands of tarue Englishmen who had submit ted to the ship money tax a point for them to rauy around I Hampden did not inquire waether he would offend the menials ot joyal. power about the year 1630 ; if there be such fear in North-Car olina in 1864, having tor its object tho sub ordinates of tlio Confederate government, let us d what we may tor Us dissipation, Civil liberty is no weed springing spon taneously from tlcwoil in favored regions. Its bright, conninmate flower is the result of many ages of attention and skill. If it be not cultivated it will surely degenerate,' and come to notliiag. Upon any appear ance of its decay m JN ortu-Carohna, it be comes us, who are in great measure its custodians here, at least to tend and water that fair plant whose beauty has been derived frouVthe care and wisdom of those who have preceded us. . If, however, it be accepted that the citi zen has no remedy in the process of the Courts, the remedy which this Legislature can give oy a nrra protest, to be followed, it disregarded, da' such action as will en force obedience to its wishes, is all that is left to our constituents. I' have already said that the Confederate government has published record evidence that it pays lit tle attention to the complaints of the citi zens upon this topic. ' We will not refer them to that again. We will speak our own mind upon the subject, and we will take care that it shall be respected North-Carolina's wisdom in all matters pertaining to this war lias been too well ascertained for any solemn words of hers to fall unlieeded upon the " understand ing and conscience " of . the government. She lias proved herself" to be wise irf council, and resolute in the field. What she says, in behalf of the righto of her peoplo will be heeded. There is another topic in connection with this general question which deserves a no tice. Some days ago this House was star tled by the announcement of the Pnblic Treasurer that he would require some $9,000,000 to defray the expenses of the enrttmt - year. The idea of imposing a tax upon the people fourfold greater than that of the last year, was frightful. It was well calcrUated to amaze legislators accus tomed to tbe arithmetic of former years. Yet we see in the instance before us, the Confederate government snatching from the people in one article- m amount great er than that, the thought qX wkicb .had, thrown ns info inbh1bnAionr: A$mie: wa consider th3 -amOnnt&f otrbperty thus seized, wema wJl iw..fi tne serious uiuiiuihuu casioned in the means of the people to sup port their State government. This very action of the Confederate States goes far to increase the discredit of thftsecuritios. of the State. If i he Confederate government hml naid a " mst compensation only to tne m nersr Of horsend-ttJtllcs forwtmrCft OT;ft&.rea,,e their" usefulness. Ordered to'be prfnteO. that property as it . has impressei,tt would fiave been more' thau a'snflici" of additional means anions ns to pay the A demands upon the" State tfeasnry dhringn the next year. - I shaH.detain the House' very briefly io discussiug the merits of the other resolu- tions which 1 have introduced. . "Whikt indignant upon this subject of impress ment, I thought it a proper ' occasion for the State toshow itself not nnobseryant of, and not satisfied with the general course of legislation in Congress npon other matters ; connected with our liberty. Among these I would specify particularly the .suspen sion of the writ of habeas corpus ; the cry for details, instead of exemptions; and the scheme of placing armed slaves in our army. It may be said that the Confeder ate States ought not to be censured in the two latter respects, as it has not yet adopt ed either policy. I submit that we will not act prematurely in cmsnring projects I which have already received the approba tion, at least contingent and qualified, ot the head of the goverment. I understand that large armies frequently make their advances upon the position of the enemy by degrees. One corps moves forward and takes its position ajd then another makes a corresponding movement, and the movement of the whole is an aggre gate of the movements of each depart ment. It seems enongh to me to detect a movement against our rights by one part of tho government. That is the proper time for objection and opposition to the direction and character of the movement ; and judging by our . past experience of other departments of tho government be coming gradually educated to the Presi dent's standard, it appears correct enough even now to stigmatize the steps taken by him as inchoate steps of the administra tion. Thero aro other acts of the Confeder ate government to which reference is made in this resolution. Of all such acts, whether specified here or not, I Bubmit to this House that such is our sense, that, having been always free ourselves hav ing sprung from free generations in other lands, and from generations whose free dom North-Carolina lias nurtured during a century upon this soil we reflect upon them with profound agitation I '. ' . . , . The third resolution utters a truth which is apparent to every one. It is not only in regard to impressments, but it is in many other respects, that the experi ments of the Confederate government npon the temper of North Carolina have increased, ana are increasing! . The ap prehensions of all thinking men are thor- ' onghly aroused upon this subject If snch experiments have increased and are in creasing, then most assuredly they ought to be diminished, - and indeed come speed ily to a full end. It has always been my desire that tlie government of the Confederates States should enjoy liberally every power that is expressly or . impliedly vested in it- by the Constitution, especially in this tiene of pressing war. I have endeavored to make my private and public conduct and counsel conform to this standard; but I cannot believe that it is to the advantage of rulers or people that it should ' be in dulged in unconstitutional and oppressive, courses of action. If the. Southern white man cannot obtain independence in the employment of constitutional methods of vindicating that independence, it is be cause Heaven has denied to him the boon. In reply to Mr. Shepherd, who had remarked 'upon the application of the words rob and oppreu to the action of the Confederate States. in reference to impressments; and who had protested against the general tone of tbe Resolutions and the fore going speech, on the ground that Mr. Davis Is our President and the Confederate States our govern ment, Mr. Phillips said : Mr. Speaker: If the action of the Confed-. erate States has produced the result which I have attributed to it ; and if that action has been repeated and deliberate, then it in volves necessarily the very idea contained in the words which I have used. I have no hesitation in repeating that any such uncon stitutional action of the government in seizing private property, as has been de scribed, is most grievous 1 oppression and I robbery; and I can entertain no scruples about dealing witli such action with gloves off!" It fa'jnb time to mince words. I admit that Mr. Davis is my President, and ..that -the Confederate. States is my government ; and that is precisely my rea son; for speaking of them, and for wishing the Legislature to address them in terms of rebuke. " I have no interest in discussing the conduct of (he Czar of Russia, or of the President of the United States. .The rea son given by the gentleman from Cumber land for excepting the Confederate States, is precisely the reason I would assign for including it. How should we be interest ed in the domestic concerns of a govern ment that is not ouri t I should regard it as a poor excuse from a servant whom I i hiiouiu uu.vc occasion 10 reprove, ll lie were to oner, as a reason lor excusing him, the fact of his being my servant! I cannot conprehend the pertinency of tho obiec- rion. JNo doubt North-Carolina voted for Mr. Davis, ! and assisted to elect him; and it is Tor. that reason that she regards him as responsible to her for hia conduct, and will hold him io that responsibility. . Fatal Epipubc jutoxo Houses. An .epidemic has broken out aaoag the horses in this section which proves fatal im a few hours after attacking. The disease seems te attack tbe brain. - Several persons have lost bones from the disease, among tnem w. uarisntf. I ; T. A. Uonobn, 1 ; B. It OU tver, a ; jonn k. Bennett, a, (one of them aJhn Rod Eye colt,) Dr. William L. Stamps, $ or 4 ; Richard son Crowder, 1 fcavid, 1 Brandon, H- All within two weeks. MUto OkmtieU. . The government f the United States have rebuilt the railrad from Harper1 Ferry to Winchester, Virginia. LEGISLATURE OF K0ETH-CAR0LTJJA : afr.-. -Ejv-r QBnAltt. ' fi ? .- ' XHUH8DAT, UtO. 9, 1004. Mr.- Oiom prwented a memorial from the loth jkjttiliqn State. ?roopa, praying that they shall not ! turned ove to tbe Uonlederate irovernment, and setting forth their reasons for said prayer. ' Refer red to Uommittee on military affairs. - Mr. Miller, a memorial from citizens of Ruther ford county in. regard to the distillation of grain. Referred to committee on propositions and grievances...!- -x? s. tu1.' s '' ' The committee on Education and the Literary Fund reported a bill to grade Common Schools and Mr. Bogle introduced resolutions in relation to brigading certain North-Carolina Regiments.' Ordered to be printed. r r A bill to.incorixMftt Oak. Bill Ceroeoary, in Bun- ;oombe county, was read the third tmt& and pas sed. . .. BILLS BTO , ON TBEIB SECOND HEADINGS. -A bill to amend an-act in relation .to salaries and fees. Passed. ., , , . , , A bill to repeal an act to provide for a tax collec tor for Mecklenburg and other' counties.- Passed. " A Dill to legalize a special order Of the County Gaurt of Bertie, making an appropriation lor the support of tho poor.-' Pased,Tule suspended, and passed third reading. , , - . . A bill in regard to a supply of salt Passed, role suspended, and passed- third reading. Appro-' priates $201,000 lor the purchase of aa engine and cars to transport salt from SaKviUV, Ya, and pro vides for removing tbe State Salt Works on the coast to Lock wood's Follv Inlet 1 A bill to amend tbe charter of the Asheville and Greenville Plankrbad company. Passed ' A bill to incorporate the Confederate Gotttyi and Woolen Mills company, to Richmond county.. Pas sed, rule suspended, and passed third reading. A bill to incorporate the Chicora Collegiate In stitute, in Robeson county.. Passed,- role suspend ed, and pasted third readiittr. : A resolution to authorize, the Sheriff; of Bladen county to correct arrears of taxes. Passed. . ELECTIONS. At 12 o'clock the Senate proceeded to vote for a C. S. Senator, as follows : lion. fi. G. Reads 17; lion. T S. Asbe 20 ; Hon. Joo. A. UUmer 8 ; Hon. W. N. H. Smith 8. The committee reuorted the whole number of votes cast 162, as follows: Reade 71 ; Ashe 82 ; Gilmer 16: Smith 12: Outlaw 1. No election. At 1 o'clock the Senate. voted for Secretary, of State, as follows, the names of Messrs. .Richardson and liain having been withdrawn. Fur C. JL thomat Messrs. Adams, ArendeU, Bagiey, Berry, Blount, Crump, Dick, llorton, Jones, Lassiter. Leiteh, Lindsay, Mann, March, Matthews, Odom, Parton, Pool, Sanders, Smith, bnead, War ren, Winstead. VV'bitfordand Wynne 25. For G. E. Faribault Mr. ' Sneaker, Messrs. Aycock, Bryson, Courts, Ellis, Grier, Hall, Harria Kirhy, Loop, McCorkle, McEachern, MilWr, Patter- sun, Pitctiford,- Powell, . Speight, Xaytor, . Ward, Wiggins and V right 21. " ... Mr. Strauehn voted for Mr. RV. " "" " -J - The committee reported the whole number of votes cast 158, as follows: Thomas 80. Jfaribault .74, Bain L, Ray L Mr. Thomas was declared elected. The Senate again proceeded to vote for Senator as follows Fur on. E O. Reade Messrs. Adams. Aren deU, Bagley, Berry, Blount, Dick, Jones, Lassiter, Long, Mann, Matthews, Odom, Pool, Sanders, Siicad, V arrun and W instead 17. For Eon. T. 8. Atkelir. Speaker, Messrs. Aycock, Bryson, Courts, Cramp, Ellis, Grier, Hall, Harris, Kirby, Leiteh, Lindsay, McCorkle, Mc Eachern, Miller, Patton, Pitchford, Powell, Smith, Speight, 6trughn, Taylor, Ward, WbHford, Wig cms, Wriebt and Wynne-!-27. For Ho John A. GifourUessn. Horton, March and Patterson 3. Tbe committee reported the whole number of votes cast 158, as follows: Asbe 80, Read 70, Gilmer 4. The rest scattering. Mr. Asbe was de clared elected. ' Adjourned. HOUSE OF COMMONS. The-House wan called to order at 10 o'clock A. M. The Journal of yesterday was read and approved. Mr. Brown, of Mecklenburg, presented the state ment of tbe Bank of Charlotte, which was referred to the committee an finance. Leavesofabsei.ee were granted Messrs- Baxter, Russ, and Joboaom- . ; BILLS INTRODUCED. Mr. Sharpe, a bill to make the robbery of dwell-, ing houses a -capital olfcncc. . . . . Mr. Hanes, a bill to incorporate Wm. R. Bavie Lodge 37, of Free and Accepted Masons, iu the town of Lexington. . Mr. Murphy, a bill to provide more effectually for reclaiming Swamp Lands. An engpssed bill from the Senate, to amend an act entitled 'n act to amend the Charter of the. Shelby Brord River Company." - 'The unfinished business of yesterday, vise : a bill to extend tbetime for perfecting titles to lands here-. tofore entered, was taken up. - Mr. Horton, of Watauga, urged, iflj passage, and the question recurring tne bill did not pass, its sec ond reading. . The following- bills passed their third read-' ing:- -- :- .. A bill for tbe relief of Powell, Lowe k Company ; a bill in relation to alimony: bill to repeat an act I -to prevent obstoctioos m the Big Swamp by means ot nsn vans ; mil to incorporate the Contederate Jotnt Stock Publishing Company ; a bill to author ize the payment of. bounty to citizens ef this State in the naval service ; a bin for the relief of Hugh B. Gurthne, late sheriff of Orange County ; a bill to i (corporate the Linville Steel and Iron Company ; a bill to incorporate the Cranbery Iron Works. ' BILLS ON THIHB BEADING. . - A bill for the support of the N. C Institution for tbe Deaf and; Dumb and the Blind, was referred, on motion of Mr. McAden, to the committee on finance. . A bill for the relief of William Stewart, of Bertie county, was referred, to the committee on the. judi ciary. ,.. . .. .; ' . . . . A resolution in relation to the Revenue Laws, passed its second reading. . .. .. -. ... At 11 o'clock A. M. the House resumed tbe con sideration of the resolutions in relation to the suspen sion of the privilege of the writ of haben oorpu. .. Mr. Carter Raid he should feel guilty of some as surance, weie he to essay to address the Houne at ail fully, as to the legal aspect presented by these resolutions. The legal points involved had been discussed ever since the second suspension of tbe writ by the Confederate; Congress. 1 The first sus pension was a fl tgrant . and open violation of the .Constitution, but owing to the intense miKiary en- vuusiasui wDica porvaaea toe country, it bad excited no alarm. But another and still another suspension followed. Congress delegating to the President pow ers it.did not possess: These measures enumerated no less than thirteen specific offences for which the suspension should be authorized, and then for the first time alarm and anxiety were awakened. The Legislature and Governor of Georgia and the Leg islature and Governor of North Carolina entered their solemn prote.it against these Violations of the Constitution, as endangering the rights of the peo ple. Now, a fourth suspension of lhe writ was threatened, and warned by the experience of three former attempts, Congress, he said, might possibly succeed without violating law, though even to this he for one, was unalterably opposed These resolu tions presented matter for practical legislation. The action of the Legislature in May last, rendered nec essary by tbe condition of affairs, was only in form of .protest. Thirty days after the adjournment of Congress, that suspension ceased, but wew tbe sus pension of the writ opened up qneMtone of the gra vest import ia the midst of revolution. , .. It might be Raid that oar experience under pre vious. suspensions was not of a character to excite alarm ; but neither. North Carolina nor any other State could permit at this time safeguard after safe guard to be encroached upon. The last Congress had materially modified the eonseript lws The whole bedy-ef tbe people between the ages oT sev enteen and fifty had been swept, into the army. What an immegse power did these laws place in the bands of one man. In time of peace tne dele gation of soch power would more than suffice to annihilate the Constitution. A refusal to try the question whether citizens owed military service was subversive f personal liberty, aad put it ia .the power of government officials, whn ,v " coumy m me atate, to stop free di,'TDn8 press inepuDiicpress, to prwtme liteTt , to art and every other oth, .i " ' W4t,re.sci.r into the lto tbe boasted civilition of th . CI eteit3 able tendency of these usarSJS.'. & ii all things into concomitants and adi" We are wairintr All k;. u J 'net. --o "--, ue said. Onr CailAf. Mnn 1 ' cause," Morereeardinr. ,:: taincd one year ago lor the governZt K ere,eni pie of the Confederate State, than ' the Pe u.ui...uvion oi aiiacninent was consenn.. .' "nQ wii croachments by the goven' ? l tmnal nghts. llorth Carolina w nSfc0"" submit to another suspension of the . I to torpu. Shall we recede, he lnt . Miw token by Gov. Vance in his w"1 lhe Are aUthe resolutions adopted by thTi ?8,8e' ..u.jr ueciamation J or were thv T;Vlilr expression of thejxed purpose of thn !" tbe writ k isgain suspended North CaroK' If would go beyond mere protest, ,d the authorities should be notified in ,T. " lh ber probable aetion, in view of this ren?!M " upon her liberties. Free discussion of nnM tt?P' was no less couducive to the enliehw Kl8 people than to the success of the cluse. J of th had now reached the point where talrm could not be suppressed aiusion The people were determined b canva! ti, pecte-of peace, the lanagemtrnt of the .!pr kindred topics, and he trusted thev "u ? nd he trusted they would ? nl fairly. They power to detail th w " (hem fully and fairly. mans hand the power to detail the nrI overawe Leeislatures. Thev hm tJ. T" or to own hands the issues evolved ' ww j. ri. ; . . . into ft.:. . J -va uur intA kL . the sacred institution of slavery, which wild?. imtq urcu uune iour years ago. v He adverted to the experience of other con in similar revolutions. England had passed th ? a like ordeal preserving her constitution un3? i iruBieu mat use uiscussion here and in r crreaa nnM riitit snm anark ..." col our way to thenaven of National safety i?. or. It was right to learn of our enemies. bad been tbe conduct of the United States? a! the outset.of the war, Lincoln had suspended th. habt corpu; suppressed newspapers, dissold Legislative bodies and filled bastiles with citizeM arrested without color of law. All of these cii enured to Our benefit, and but for the hnM lotion in his own dominions. Vallandieham whit..' Huniiuwc jui un uuiih) m viuvernor oi Ohio, gpok boWy in favor of peac. He was arrested, illtnii. tried and banished. The exile returned and dsfirf ? Lincoln and his myrmidons. He was not mulM and what was tbe result ? ' Armed Nol That State after free discussion, decided for lurmer prosecution oi tne war, oy a major tv rf t i uu.uuu Tines, do uiuugiii ine peculiar Inendsrf ti U I 1 1 A 1 ' .l; . r-'i events. ne koouiu oe ssnamea te aetend the sugDenmu I i f .(,. 1 i :. c r, , I .? would do IhrthiwiB who poiilil nnlv j .."iu in scription by servility to those in place. Suck d. fence he styled an abandonment of tbe struggle- .' Z He was not prepared to suffer short sighted, nulig- X j nant men to suspend tbe writ of iabau mrfut- '-t Tbe President's conduct did not inspire unlituited U onfidence in his discretion, and tbe revolution had v reached a stage of developement, when it were idle to attempt a suppression of debate. Such attempt wonld drive from the support of the government I many who had hitherto sustained it As a friend I UU UVlVltUVI VI MV VVI IWI vj LMV v o IllfV SlliaiU g ot il Short-sighted men acted as though tne got. ercment bad but ninety days to live. If commis sary supplies were needed, the products of tbe Geld and the contents of our granaries were imprest Was it-necessary to replenish the array and to renev its ranks, enroling officers were sent forth, who, in stead of faithfully discharging their duties within legal limits were always fishing for men exempt)); State laws and the conscript laws themselves, while blind to the existence of rat boles in tbe several de partments whence able bodiod skinners mignt u s recruited for the ranks. p All. ftHMafAM In ttltt nHtMSAlntinn .. . ti m.n . at the bead of affairs we would have escaped mir.j L' j ' . mi . t i ' . , . .11 .t K aisasiers. . ine rrosiaeni naa resoneu to iiiegv measures to bolster himself up independently of the cause. Mr. 0. here adverted to the removal of Gen. Joseph E. Johnston from command in George and the -substitution of Gen. Hood, tho Reporter however from momentary inattention failed to catch the connection.! Mr. Carter proceeded to say that so far from violations of the constitution being re- p garded as criminal, opposition to and difference iti 't the Executive of the nation were the only erimw ? now of which cognizance was taken. He next alia- y ded to an inferior individual danger to be apprehen- f. dud from tbe proposed suspension of the writ, vix: V the danger that Citizens and officers of this State, ; novr, exempt by law, would be foreed reluctantly into the army, that their rights would be disregarded! and we should be left without redress. To all ofi these arguments, the gentleman, from CwnberlanJp (Mr. Shepherd) had only replied, that these suspen sions are acts of our government He had hoped f to hear from that gentleman some discussion of tbe merits of the resolutions, end exoectei at least that k ' he would have indicated those propositions to which he objected ia a legal poisvt of view. In tbis, how ever, he had beea disappointed. Many wrongt which would "stir a fever in the blood of age," hid been covered up by suspensions of tbe writ of W corpus) and the blood of martyrs who had died ia the dungeons of Ute Confederacy appealed to Heaven for. vengeance. A case bad come under his ova knowledge while acting as military judge in arm v of Northern Yirzinia. An aged, venerable uiaa, overcome by infirmity g whose bead was white with the. frosts ot more iv ? fifty winters, was brought tocourtin an ambulant. A young, vivacious, heedless .boy, a Lieutenant his company, appeared as. witness, who skots-u" tho olrt man r&a ft jMilnniaav in Kia miruanf tlial he had gone borne am a furlough for thirty days and had remained absent, a deserter, for two. J1"" us bad been arrested by Home Uauus. in was a eouaplete cisn. The animus notrMt& was shown bv two Tears absence. When. s&Ued'C for bis defence the old man rose, feeble anditottenofr asd drew from his pocket a roll of papers. these was writ of habeas corpus, together i tka !iulnu'Ar m.;-r r..a,i p.rcrvn ;hat beul0 not belong to the army, being liberatad. oy terms of tbe first conscript act 1 here- w the return nf tha noW uhnoincr an imprisODDan1 of manv davs. ' notwithstanding bis ease bad otto- adjudicated, and a statement from an enrolling j .r h K.rl .k. .mo raluAUntlV.. did not believe the prisoner was liabla-to aaHH"J Thus M man . flfttr ,Mr3 otieB. WuO U volunteered at the outset of the war, a"!8816 prisoned and sent to the army as a conscript,.1" a suspension of the writ of habeas twputv . . A letter from his nephew, holding tte blguJJd lion of Lieuteoaat Colonel, was also aS-'1 r man's papers. . It stated that be heard the pt was again trying to get that piece 4 b"v.hfr he should never have it - " If you t attempt shall kaee yon arrested wuli bpf guard house until you die." Thia fl1!Be. ,lrf Were not such cases calculated to VLt and excite indignation f Nothing bu s! accidental precaution, which enabled biroitopf certified copies of essential papeis miles from home, procured his relws ' t"?Boedi might say this was an extreme esse. K rji might be sa . He had merely naied:tb:i'J" . as illustrating a class of wrong which, arise where the guarantees of Stoerrr '(. thrown. ,r i wasTa like case, whibv eI1''rU terly handling of Voltaire, disgusted SrL religious tyranny, and resulted ifttheestacir of wholesale Pantheism. A sweeping con followed by a suspension of lb wr 0,iajl corpus, would place the liberties, oi v& fn the mercy of an indiidual,-an(l to all wTLndi but one answer: "The good of tbeeau0, ;, P.n;.i.n in thin itireetion VTCUltti the affections of the people and would lVgji binations for resisUnce, This is a st8ST: not to reach, and never will reach if allo before the people, with all questions ior sion and decision. This is the philosophy u revolution. He made this argument as the government and of the State. - ps
The Weekly Standard (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Dec. 14, 1864, edition 1
2
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