1 A. ri . in y i ii if m tm ' UK WW) WW THE CONSTITUTION AND THE L A W S T H Ev G U AR D I A N S OF OUR LIBERTY. Tel. XLV. HILLSBOROUGH, 'N. C., MAY 25, 1864. No. 2247. I III III III ' Mil Illi III V III III III ." The Honorable the General Auemlty of North Carolina t Since your last adjournment, various and important changes in tlie situation of our affairs have occurred, and many of them require legislative action at your hands. The late aet of Congress conferring pow er on the President of the Confederate Sutes to impose regulations and restrictions on commerce, has given rise to such a system on the part of the Confederate authorities, as will effectually exclude this Stat from importing an? further supplies for the army or people, Hie port of Wilmington is now wore effectually blockaded from with' in than without. The terms imposed upon ship owners being such that a heavy lass is incurred by every vojageind .notwith standing the said aet provides. " That -thin; in this act shall be construed to pro hibit the- Confederate State, or anr of them. from importing anr of the article herein enumerated on their own account,' -vet this is s construed by the Government as to compel the States to submit to the same terms as are imposed on private parties; and clearances are refuted and the guns of the fortifications are brought to bear upon our own vessels to compel a compliance. Private parties importing supplies for the government, by contract, tor enormous pro fits, are not taxed by these regulations; yet the State of urth Carolina, importing a! most the tame articles for the tame purpose is compelled to submit to them. I leem it inconsistent with the public interest to re fer more particularly to our blockade run ninz transactions and the loss which the Mate will suffer on both ships and supplies n hand, if these regulations continue in force. When this is considered with the lurther fact, as I hold it, that the general government ha no right to seize one half. or any purt tj, the interest of a sovereign Slate in the vessels imployed in importing her supplies (this being the terms to which we are called upon to submit !) or 10 impose such terms as will destroy instead otregu lating commerce, it becomes vour province in demand a repeal or modification ot the act, and I respectfully and earnestly recom mend that vu do so. And in case Con gress should decline to repeal or modify the jct, I repectta!ly ask for directions as to what I shall do with the ships and supplies on hand. A detailed statement of these supplies, together with an account as accu rate as tt can be without vouchers tor ex i fnditures abroad not yet received, is hete with submitted together with the report of Mr John White, our special Cornmis- sioner in curope. in reicrenee ii inn gen tleman, it is due to him that 1 should ay, that I have every reason to be pleased with the skill and hdeliiy with which he perform ed the duties of his difficult mission. A 'report of the operations of our other Com emsioner, Cot. I). C. McKae, necessarily incomplete, is also submitted, and will, I btlieve.be found equallr satisfactory, and rrrditable to him as a Commissioner. In this connection, I respectfully ask for the appointment of a commune to investigate all matters appertaining to the blockade running of the State, to be appointed at an early dav, so as to report to your present session if passible. No appropriation has iren made by your honorable body to pay the current expenses ot the vessels engag ed in running the blockade, and none wit be necessary, for these expenses can he paid by selling bills drawn en our agent in Cng land, as being incurred in Wilmington chiefly fur the expenses connected with I - J. a ' t i't iBaumg ana u moaning vessels, com pressing cotton, &c And they can be dis charged in currency. I would suggest thai you authorize the Treasurer to purchase these bills out ot any money in the Treasa ry, and thus keep the sterling exchange ia the Treasury which otherwise would have 1 be put on the general market and be lost to the State. Being convinced from experience that that the legitimate business of my office, ? four-fold greater than formerly, ii iuf if lent te tax all my encrgici tf mind and Udy, and that I cannot do justice talht interest of the State in a business so com plicated, as many of the transactions of which is carried on at such a distance, I re spectfully recommend that a commission of one or more gentlemen, skilled in such business, be appointed to conduct the fu ure operations of the State, in importing supp'i'S, whether for, the purpose of con tinuing the operations or winding op the business. ' A repori of the Adjutant General cover- insr reports of his subordinates in the dif ferent departments is herewith submitted. The impressment of property of citizens by officers and agents of the Confederate Government, harsh enough in itself, has become doubly so by the constant disregard of the provision of the law regulating sei zures. In addition to this, the flagrant outrages committed, in every part of the country, bv struggling soldiers, and other persons in thn Confederate service, having no shadow of authority to impress proper tr, has become a grievance almost intoler able. A recital of many instances of such, which have been brought to mv knowledge, would shock the moral sense of the most heartless. I have urged in vain upon the authorities ot the Confederacy to check this evil, and have made every possible effort to do so myself. Hut it seems to grow worse, and as the supplies ot oar people become inure scant they feel more sensibly this unjust ilep.'ivation ot their property, which reuu cs them almost to the vere'of starvation It must be stopped, if possible, and 1 ear nestly recommend such action on your part . a a as vou miy iiunK best calculated to aid me in remedying the evil. My correspondence with the sr Department on this subject i submitted for vour consideration. I desire to rail your attention specially to certain enactments of the last Congress of the ton federate States. Among them is one ex tending the agd of conscription from 18 to IT, and from 45 to 50 years, which force is to be organized as a State reserve thei company officers to be elected, and the field officers appointed by the President, and all to be under his command. In addition to the great injury to be ap prehended to the agricultural interest of the country, should these men be ordered into actual service, I have to remind you that it will absorb the entire militia force of the State, and would leave the Execu tive with no force whatevrr except State officers' a condition dangerous at once to the peace and order of the State, and to its sovereignty and dignity. .There can scarce ly be a doubt of the inexpediency wf this act as to this State; since the same men, with the exception of bojs from IT to 18, arc now very thoroughly organized as Home Guards under State authority, and have been heretofore and would be again prompt ly turned out in cases of great public din ger. Grave doubts are aUo entertained as to its constitutionality; the forces raised under it being to all intents and purpoe militia, the control of which cannot be le gally taken from the Executive of the State Government at least so far as the appoint ment and commissioning of officers is con cerned. Should you, however, in the ab sence of a judicial decision as to the con stitutionality of the act, decline to take the responsibility ol refusing assent to it. there will be an indispensable necessity of your constituting some militia for the preserva tion of law and order in the State by ex tending the age gf service ia the militia, and by some new organization of the rem nants of the Militia and Heme Guard or ganizations; otherwise I shall have on my hands the officer! of two distinct organiza tions, powerless for the want of men. In this connection 1 would mention that the same act of Congress has again conferred upon me, without refereace to the Legisla ture, the power to claim exemption of inch State officers aa I may deem necessary for the doe administration of the laws. Not wishing to take so important a responsibi lity ctpsn my shoulders without consulting the Representatives of the people, I have so far claimed the exemption of all civil and military officers of the State, together with the indispensable employees of the different departments of the State Govern- ! ment, as enumerated by your body at its j late extra session. And'I now respectfully ask that you indicate to me by resolution, wuai persons you regaru as proper suDjecis or exemption. I have taken the ground that exemption of State officers from conscription into the Lonlederate service is net by favor of Con gress, but is a matter of j-ight inherent in a sovereign State, and that for the same rea son the State has an indisputable right to the services of laborers and other persons who are necessarily in her employ, thouh they be not tjficert within the meaning of the act of Congress.' Should you again agree with roe in this opinion, I would be happy to be sustained by a resolution to that effect. Miould you conclude to combine the Home Guard and Militia organizations, I recommend that the latter be preserved. I should regret exceedingly to see the mili tia abolished, and its organization destroy ed. It is the ancient and time-honored military institution of the State, her main dependence, in ordinary times, for the sup- preasion oi reoeinon and repelling oi inva sion, ami though shorn ot its strength by the raising of great armies, and despite its mans short-comings, it has been of great service Dout to me state and uonieueracy during this war. Among the acts of , Congress referred to that which has suspended the privilege of habeat corput has most thoroughly aroused public attention. Neither the losres incur red by the radical and sudden, changes in the currency, nor the conscription ot the principles of substitutes, nor the extension of it to such an age, and upon such terms as to place the industrial pursuits of the couritry at the feet of the President, nor tbeheay burthens of taxation none of these, not all of them together, have so wakened the public feeling as the with drawal of this time-honored and blood bought guard of personal freedom from the people in times when it is most needed for their protection. It is true that our fore fathers assumed, and this generation has conceded, that in cases of rebellion and invasion, the public safety may sometimes require its suspension ; and, therefore, we have conferred on Congress the power of suspension in such cases, when the public taftty may require tt. Nor can itbe doubt ed that the power authorized ti suspend is the sole power entitled to judge of the necessity for the act, and if the late statute had merely prohibited out and out the use oi tne wut lor tne time specinca, inert could be nil cnmplainA- against its consti tutionality. however ifT-timed and unneces sary mar have been the exercise of a riger so grest. But I have been, as unable to ..... .. . . r . j see, in tne times, any necessity icr ueny ing the writ, as I am to recognize in the law the constitutional exercise of the favor that is granted. Concurring in the doc trine that the protection against the. abuse of the Constitution of the Confederate States, either by usurpation of powers or oppressive use of such as are granted, is to be round in the responsibility ol congress to the people, ensured by their short tenure of office, and the reserved right of each State, to resume the powers delegated to the Confederate government, whenever in her judgment they are perverted to the in jury or oppression of the people, I deem it a duty devolved on the State, inrougn ner proper organs, to make known to that go vernment her complaints and to insist up on a redress of her grievances. Under this idea of duty, and in a spirit of regard for the government of our adoption, 1 deem it incumbent to present my objections'against the late act. It is declared in the preamble that "the President lias asked for the suspension, aad informed Congress of conditions of public danger which render a suspension of the writ a measure proper for the public defenceagainst invasion and insurrection." Therefore it is exacted that the writ shall be suspended as Jo " the cases of persons arrested or detained by order of the Presi dent, Secretary of War, or the General Officer commanding the Trans-Mi military department" lississippi The statute proceeds to classify under thirteen heads a very great number of acts, of which, if a man be accused, he shall be deprived of the benefit of the writ; and- among them the act of attempting to " avoid military service." To prevent the out rage which may be perpetrated on an inno cent man not suDjeci te military service or merely attempting "to avoid military. m a it t . ' service, uniawiuuy demanded, it if pro vided that " in case of palpable wrong and oppression by any subordinate officer upon any party who does not legally owe milita ry service, his superior shall grant prompt relief to the oppressed party, and " the subordinate shall be dismissed from office." And as a general protection of the citi zens against abuses, under the act, it is provided, that " (he President shall cause proper officers to investigate the cases of. all persons so arrested or detained, in or-i der tnat iney may oe aiscnargea u impro perly detained, unless they can be speedi- . . . . i . ly trieu in uue course oi law. . And, finally, it is enacted that" no mil itary or other officer shall be compelled to, answer to any writ of habtat corput to ap pear in person or to return the body of any person detained by the authority of the President, Secretary of War," &c. ; "but upon the certificate, under oath, of the of ficer having charge of any one so detained that such person is detained by him for any of i the causes specified in the act under said authority, further nroceedings under the writ shall immediately cease." In order to aseertain whether the enast ment is within the powers delegated, it is proper to keep in mind what' are the privi leges of the writ ot habeat corput, and we shall be sure to know what can be affected constitutionally, by a suspension of, it. This writ is the offspring of the love of li berty, and has been in use for ages by our ancestors and ourselves, as the handmaid of freedom. Its use is to have equity made according to the rules of law of the causes why persons are restrained of their civil freedom. If upon inquiry by the proper authority, there be no cause for detention, the person is set at liberty. If there be cause he is remanded for further detention or allowed to go at large upon bail. Now, these are all the privileges of the writ of habeat corput. The writ finds no place for action until after the person is arrest ed. So that if there be any privileges or securities to the person attending the mode of arrest, these are not the privileges of the writ of habeat corput, but exist indepen dently of them. And it is therefore clear that a power to suspend the piiviliges of the writ is not a power to suspend the pri vileges secured in forms attending the mode of srrest. They are too distinct te be confounded by any species of sophistry ; and this distinction is plainly and notably observed in the bill to suspend the writ, passed through the Senate in January, 180r, which -suspended it only when the persons may have been " charged on oath," and arrested by virtue of a ".warrant." The writ was as effectually suspended by that bill as by this art, and the Constitu tional securities attending the mode of ar rest, were left untouched and unimpaired. It may then be regarded as settled truth, that the suspension of the writ is no sus pension of the Constitutional forms pre scribed for arrest, and that Congress has no power, express or implied, to suspend any other guarantee of civil liberty provid ed'in the Constitution besides those secar ed by the writ alone. Notwithstanding this, the late att has strode over some ef the most irapprtant guards of civil liberty, as if an express power had been conferred on Congress to suspend them likewise. Thus, while by paragraph 3, sec, '9, it is allowed Congress te suspend the privileges of the writ ef habeat corput in the emer gencies mentioned, it is by the tame sec tion, paragraph 15, in the most emphatic terms, declared that "No warrant shall is sue but upon probable cause, supported by oath or affirmation, and particularly de scribing the person to be seized."- And by paragraph 16, that no person shall be de- firived of his liberty without due process of aw" that is, "law in its regular course a

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