of administration, through courts nf jus tice," (i Kent's Com. Sec 24, paragraphs 1S,T4.) The beginning of this due pro cess is first the charge on oath, and the next,; step is the warrant describing' the person to be seized. The- third i the ar rest, and until this take place habeas corp us has do status, and cannot possibly hare any. At this point the writ springs into being, if not denied, and as here only its aid can be sought for' the first time ; so here for the first time can its, privilege be derived. Yet the act involves with its sus pension a suspension of the distinct ad independent' provisions which guard the citizen against a false charge and the dan gers of a general warrant. ... In lay judgment Congress had the same power to suspend every other guard of ci vil liberty to be found in the constitution, the same to deprive the citizen of the guaranty that he should ijot be held toan swer fdra capita! crime, unlesson present ment or indictment of a crand iurv that he should not be compelled to be a witness against himself that he should have me right to a speedy and public trial by an impartial jury, and k trial in the district in which the crime shalt have been commit ted. ' ' The writ of habeas corpui is peculiar to the English people and ouiselves, And a complete illustration of the operation of a suspension or its privileges will be teen by supposing, that it had no existence here. la sacn case no provision wouta nave oeen found fat its suspension. But the clause requiring a charge of crime to be made on oath and warrant to describe the person to be. seized would have been not only very, pxopertbut the more necessary to be in serted. These coyld not have been legally disturbed by. Congress, and any legislation J dispensing with them had been mere usur pation and void. Such is thegeneraj view I have taken of ibe act as it is supposed to relate tocrimts. But the statute is construed to reach cases involving no offence whatever, legal or mora! ; and though there is some diflVrence 0 opinion upon the question whether par agraph 5, of 6ec. 1 embraces the cae of a citizen not liable to military duty,who neither flies nor resists, hut simply appeals or tries to appeal to the constitutional re positors of the law lor a decision upon his rights ; vet there is too much reason to be lieve that the lanua;e if susceptible of the interpetration that it does include such persons ; and such is the interpretation pJt upon it by the military authorities. ' And as the suspension was asked by the Presi dent, it is but just to infer that it was drawn to suit him. and his exposition car ries the interded meaning of the para graph.; 7 , 1 amenable to see any reason consistent with the principles of a free and cjvilize.1 government provided with a judiciary as a great and independent branch of its com position for suspending the habeas corpus ' in tases which involve no evasion or t temp t evade military service that is due, but which merely asks when honest opin ions differ to have the paint " settled by those tribunals which settle all matters of controversy between citizen and citizen, and t citizen and hi government. If a citizen owe not any military service to the goversr.iut, be fcaasmuhr.i;htto refuse to fender it, when wrongfully cUimrd of him, as he has to refuse fo pay a debt to tie gcvcrtmsnt'wrongfully claimed of him ; and if i.i both cases he standi fairly up and submits to an investigation of the question before those tribanaU learned in such mat ters and appointed because of their fitness and skill, it iou'd be just as reasonable to suspend the writ in the atteged debt of money as in ?hi case of the alleged debt of service. This co:re niighf, and likely world, hasten the payment of a debt justor enjusi, end so it mat s;rte to pui men in the army exempt by "the laws of the land. There is no initiate of a sujjenion at any tine of the writ, cr the privileges of the writ, ;f there beany difference between then, fcr any other cause, either in Eng land cr America. Many suspensions o! the privileges of the wit occurred in Eng land b it'-veen the passage of the habeas cor pus i:l and the devolution, running through a period of a!ino-t a century, nd they all empowered the King either t apprehend and detain, tir t? secure and detain with- ost bail, fctch pTscnf til are suspected cf ennttrnrn i.t im XTtn tnA dahm. tncnt. . .'- There wj a I5ritiS 'act in i?TTt which denied -the wrtt to person! tsitn in the act el high treason, committed in any of the colonies, r on the high teas r n the act of piracy, or wo were charged with or suspected of any tf tl.cie criiiies." (llurd. The other suspensions in England after oar1 revolution' commenced in 1731, and continued at intervals till 1802 during the storms of the French Revolution. They are of. the same character as those before, and aBVcted those only who were charged with conspiring agaiiist the King and. his government. The suspension during Shay's rebellion extended to crime or supcted crime. The attempted suspensioa in 1807 was confined to. persons charged " with treason or other high crimes or tnisdemean or, endangering the peace, safety or neau trality ot the United States." The idea cannot be entertained for a moment that the power of suspending the writ was granted for any such purpose a.n that of de priving a citiz'en of the privilege of a legal inquiry into his obligation to perform mil itary service, in order to fill the army with soldiers. If such a.power exist the sove reignty of the States is at the tuercyof the Uonlederate Uovemment. wnere lies the. relief against the conscription of the entire b'pdv of State officers ? By this act it is deposited with the President alone: Ifis officers alone can give the discharge Confederate officers chosen 'without even ihe consent of the Senate, and removed at will. The appropriate tribunals are en: tirely overlooked; the State Judges are thrust aside without ceremony, and even the Confederate Judge, who holds hi of- nreme Court, which alone has the power of our murdered sons, and its waves Men. to decide unon the constitutionality of the with the dcOm, ot our ruined homes, how vau liuci "v. ,wj vw"iunav,U'Ji Willi m dir. h hnt'vet SDoken. ? Avhen it does speak, we niust give heed;to its voice, so long as the law remains on our statute books. whether, for constitutional reason, or reasons of mere policy, the pen pie have a right to demand the repaal of any obnoxious law. On both grounds I recommend that you urge CongresWo re peal the act suspending the privilege of ha beas corpus or, should you concur in the judgment of Congress, tint a suspension is required by, the' exigencies ;of the times, that it should at least be mod.fied and strip ped of its unconstitutional or (at least) ob noxious features. , , , My opinion 011 this subject is well known. In. the first message 1 had the honor to send to your body, in 18(52, speaking of the then'existin; act authorizing a suspen sion of the writ, I used the'following.lan .... ' . n-. 1 fuage: "tnave not seen an oiuviai. copy of the act, but learn from the newspapers that Congress has conferred upon-the 'f re sident the power to suspend the writ t ha beas carpus in all cases of arrests made by Confederate authontv. II this be once fice during good behaviour, authors of these evils, or how can it be de sirable if it were possible? ; Lincoln him self say it is-not poMible j so does Mr Fillmore, a man whom we once, respected, and so do nine-tenths of their orators and presses. The only terms ever offered us contained in Mr. Lin coin's in famous pro clamation, were alike degrading in matter and insulting tnmanner, being nddressed not to the authorities, Confederate or State, of the South, tbut to individual); who bv the very act of accepting' its terms woul'd hear 1 from 'themselves the vilest of man kind.,,,. j-V' -"; : '." ':-, -: cannot too earnestly warn you, gentle men, and the country, against the great dan ger of these insidious attempt of the en emy to sedice our people into treating with him fur peace, individually or by the forma tion of spurious States or parts of States. Indeed I might add, that I look upon any a t- tempts to treat for peace, other than through the regular chan ieU provided by our con stitution, so lingas our government is main- taint d, as almost equally dangerous. It it admitted no man is sa'le from the power of 'he real peril of the hour. Tho Ions co nn inilividaai: He could at nleasure seiz- tin iance ami bloody character of thr wa'. mr citizen of the State, willi ur without . hive o exhausted fie ratierice of 6ur uf- iiv iiwiwa Ht.-. ".-v .... - , r 1.. it... ..r :. . is ignored. and' excuse, throw hun into prison ana p.eram $ leung jcojnc mi m n.eoi arc in leu A i;aa!l.i(n to languish there without relief 1 ! condition to, listen eagerly to terms KjiA&t.m nil ! Aita i - -------- ... . - peace, wityut duly cini!eris what ihe results would b'!, or how thrv are to be ac- in tliir mum is irtsrerl n nITtrAP whn lives on the breath of the Confederate Execu- po" thatl ai unwillin; 10 eo entrusted ) tive. If the State officer! are not put into to any living man. lo ,uamif to its f x-. a of .... , 1.. . 1 . ..r . .1. power in the Execn- trijiiw woum in mr vymiwi, uc v-siauniu , --y ... v. ,v.im.i.,i incumbent does not) a precedent tiaagerous ami periucious m , ue imM-i mr .iu-m. m jnn.niori rights of the State i the extreme, &c. ir 7a,l " a courtesy they will mere is nn:ung i id sum ;oirou ; r iur i( wi.rjni. at all It U takinsawav orailJin to. m varnrst r-; nence, y .oiu'ts comnioMonri m 1 fordis- monstrnce agtint i' pag of the .tin- roluiu wuh ihe prop;itioi. contain. dy esta'j-1 present act is herewith traonittol. tot'i-, e l m L'rd rti. ? cont i.i n ing bill ,0 depen-ler with diters other lett-rs to the Cvufed- (Ti puvo-d to ab-ilUh til taxatc eir exist-' erate authorities io relation to the execu- , whatever opon the cdosai . c-cpt wh; the army under such tive, it is because the will it; and when the khalt exist by such cease to have any existence hard to divine a sufficient reason placing the civil tribunals alrea lished, and substituting others so dent upon the Executive for their exist enee. Ihe the power remove the nnnn wrltton Pnn i tl t !i tl in t fn nrnt.wf thlP liberties. Historv is too full of wronz to Sjer which threaten u-. ; statutes in nhttnee n io mie i- allow them to forget for a moment that; Moy recurring Uaners ot roj Cvn- ,eu nce i. yi, ano ayiuoi ..! ine- coot- ith the Contednaie iverouient, ! nuioaeri l i4Vit.n a!i or! jrf-nn a taxation Hat of assurance of public men, that' lion or the civil laws, rijht f thr people, , migot b ewtry t,r the cunemea.ri- .f will not be abused, can never ;&c., ad which will convince yu, I trat, I coki'iutc the :e(t prred- f .which i fears of freemen, who rely only) that I have been'eqially zealiu m g-urd j were to Ko io tHeurr t'.r iVwiiies, tv en Constitutions to orotect their aaint the inner i well a the oalrrJan- s jspeiiJth 'oyrttjao f all .ounxiou eternal vhilance is the price of freedom. rltct with the Contednaie jnvero:nrnt. ! iniiuBr i pavdMn.an or: jrf-fn as It is manifest that the act contemplates pecially in relation M the ieizire of prin: ; they pr-per.and foiret mih " H ex that the military shall be vested with fulljcipals of substitutes after the dich.irSe bv ; t o.ernmnit r individual.' Here powers to arrest anr person who may be! a jude, have been upon me since vour j Sai?t all ih principal m.ifrr of dilute suspected of any of the vague and ill-de-J seion. They were f..rtmi eh avoide.l, were concrded ; but mtr 1-iHn had ai If me lernit it t r He firoi- reat "d od the land, and it is euuallv clear that it a!.i' plv with mr recinoiedation. w'.ru vwo , (ro.; 4hiiiit,.i, iH ihe in.inchi contemplates that the order of ihe Presi.j wer last in session, t aothor.xe oinc onej patriotism .f Con-re, ti e this cor -dent for arresting or detaining citizens! to convene that body in use of gn at io- uncut might luc b-rn chained : grrat shall be a general order to arrest and ale- f portance, and whicii ado.it of qo deUy. I , was the wenoe ..P tin p-ij.le and tain all such as roar come within the cite-lean bat reoeat it no, for toanv i.!vifj etoomy were the nn.pect. Te dnrr . . 1 . .r !!.. .. ........ nneii charges mentioned ; and suc:i is me irjwev er ; oui meir wnuium whumi wrf ..is ..!. interpretation put on it by the general or- been ey could I but have had ihe hearu or ifidependencf, V' ders of Adjutant General Cooper, thus uv nance of "the Supreme Coun. 1 greiilyie- j Terel were o f4ir, that be pendinz the civil authorities throughout !j;ret Uut you did not sec prpr t tviu-j a''d widr f the gory of suspected personswithout nam- reasons : J !t! .L . !..! - f 1 i - I f allowing ciHoin'ui.uei to addr? them- ing or describing the individual ind each military officer who may be deputed for that purpose wilt be invested with a perfect discretion over the liberty of erery citi zen in the land. In substance and 'effect the President is intended to be empowered with authority to fill the land with milita ry deputies who may seize any citizen without warrant or oath of probable cause, under a general warrant from the President ti arrest all suspected persons. Such a warrant is without preceJent in England for the last hundred years, and during the entire century pastJias been forbidden. denounced, and declared void. Nor have 1. amid all the emhrrsments s-'le to anvb.lv but Conre and perplexities of the situation, been un-. K'rat a well a nucha violation t ihe la mindful of the great bji of all our blood j of war and international courtesy, that that and sufferin; peace, or neglectful of all j body, after promptly rejecting the pra;' proper and honorable eBVts to obtain it j itins and declaring that ihe only olid knowing the great desire of our people to' proof ' of a deposition .n ihe irt of the save the precious blood of their children, crown to nuke an hwtittnibfe peace with the if by any posibi!ity an opening rnisht be colonies, would be an explicit aiknowl found for the statesmen to superrrde the j edge me nt of tie independence of thee soldier. I approached the PreidenV"n the 1 r4(li mt thw v! l!nlr ir at .if H Rvtk anrt first oiioortunitv presented bv the cea tion rf hostilities last winter, an I urged him tuappoint comoiissioners and try what might be dune bv negotiation. I had lit tle hope, indeed, of those comm ssioners arinie went u solemnly to declare the meature " to be contrary t the law of nn tio i, and otterlv su'aversive of that confi denci wfich cuuld alone mita t means which had been invented t alle In my judgment the President is vritedibing received by the government of our ; a'e the horror of war i f.W, therefore. enemv, bat I thought it our d?ity, fur ho ytrso.is employe! JlnLitle tut pa- by the Confederate Cotstitution witli iij part or the judicial authority, except in ca ses arising in the land and naval forces, or in the militia, when in actual strvic uv der his orders. If he is vested with a par- ncie ot civil juuiciai jurHnctiflii where is the grant of it, and how far'doeitejten.i? If he has the power to issue a wrra:it for the arrest of a civilian su;.ected of violat ing a law of the Confederate State, he may make it returnable and examinable before himself, and order a discharge or require a bail. It is certain that the mere suspension of the writ of habeas corpus does not invest the President with the powers of a civil judicial magistrate, and if it could have that efTect it could not give him an authority whjle discharging his judicial jurisdiction to lay aside the restraints imposed upon the other judges. The course adopted by the tdministra tioa of allowing tho writ of habeas corpus to issue, anJ of forthwith checking the ac tion of the judge and suspending all his farther proceedings ad libitum, to await the reports of military officers having cm toJr cf the psdttioaer to their superiors, and finally subject'rg the case to the de. i ii.iii ui me war uparimeni inierog;tion of ctrit aathoiy, ff huailiatlBg to tne in dependent character of tha jadiciary, ami tends lo the great danger ot liberty, u fa milian'ze the people with a military u. prcmary. , It must bt umemLered, howivir, that these are merely ray opinions. The fcu- inanity's sake, to make the effort and -to )' wre not utitlei tJ Uic protection oj a connirer our own suJenog people tjiat-y- their government was tender of their lives and pioperty and hapi'ineis. My letter to the Presi le nt last Decem ber and hitreply ar sent herewith for j our information. j I respectfully recommend that you, as the representatives of the people of Nurfk Carolina, should lay d wn what yo i would consider n fair biis of peace, an I call up on our f'epr?eiitativc i.i Congress 'and those to who'i ij committed the power of making treaties by the Constitution, to neglect r.o fitting oppfcrtunity of offering such to the enemy.. These terms in ray judgment should be nothing less than the independcnce'of t icse Sufes, ha desti nies have been fairly united wit'i the Con federaty by the voice of their people. And the privilege of a free choice to thou which have been considered doubtful. I pre:un? that r.n honorable man or pa triot cotd th'u.k of any thing less t'tan in dependence. Less would be aulj'igatlon, ruinous aud dishonorable. Nobody at 0.C North thinks of reconstruction, simply .bc caue it i impsiblcWiih aconstitui in torn into fchrcds, wiih slaver r aboKshrd. wiih our property connscalcdand oursel ves j ami our couaren reauccJ to beggary, oir !aaresp.it in pusiCisioa of our lands, an I iiivested with equal rights, social an I po litical, and a great gulf vawning between tht North and .South, filled with the bloud Ueneral Wahinton oNatoiiiSed and i i lignant, that on its fnt Appearing he was induced to re.ir f it as a t rgcry, and in a Jctirr to the tVesident of Congress, he used llit toll'iwing langoage, reiiMikabl for its oe verity, coming fro.n him: "Tho rncl"cd. draft of a bill '.was. brought tu Ilesdquarler.syesicrday afternoonhy-agen-' ileiiun, wh.i inlormed nif that Ij'U" cargo of them ld jat been sent cut of i'oiladel- piiia. hetherthis iniwous pioceeuifig Is genuine and imported in the pekci, r contrive J in Poiladelp'tia, is a joiotunde tcrmir.eil ad im oaterul ;but it is certain ly founded on principle of the iimv wick ed, diab ,dial baencs.s, and meant to poi son the minds of the people, and detach the wavering at least from our cause." Aod again j The necessity of putting the army on a respectable footiag, both as to nuni bars and constitution, is now becoraa mora esfeatial than ccr.,The enemy arc begin ning to play a game more dangerous than their elforl by arms (though these will not be remitted in the smallest degree,) which threatens a fatal blow tu the independence if America, and of course to her liberties. Taty are endeavoring lo ensnare tht jpeo by specious ullurcmtnt of peace. It is not improbable they have had such abundant cause tif be tired of the war, that tney may be sincere' in the terms which they offer, which, though far short of our pretensions,,

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