Newspapers / The Durham Recorder (Durham, … / June 8, 1864, edition 1 / Page 1
Part of The Durham Recorder (Durham, N.C.) / About this page
This page has errors
The date, title, or page description is wrong
This page has harmful content
This page contains sensitive or offensive material
3 THE CONSTITUTION AND THE LAWS TH E GUARDIANS. OP OUR LIBERTY, . Yol. XLV. "HILLSBOROUGH; N. C, JUNE 8, 1864. No. 2249. Habeas Corpus Gov. Vaico to President Davis. 3 Bute of North Carolina, EiecutKO Department, Pilei'ih, Fob. th, 1864 Mil Excellency, Jefferson Davis t Mv Dkai Sit: Since receiving jour letter f the 8th ult., to which it wit my intention to hare replied before this, re port have reached me from Richmond, which, if true, would render my replj un necessary. I hear, with deep regret, that bill ia certainly expected te pass the Con gress, suspending the writ of habeas corpus, throughout the Confederacy, aad that cer tain arrests will immediate! he made in North Carolina. Of course, if Congress end jour Excellency be resolved upon this,- es ihe on iv means ot repressing disaffection in this Htate, it would be a mere waste of time for me te argue the matter. And jet I should not held mvself guiltless of the consequence which 1 fear will follow, did I net add yet another word of expostulation to the manj I have alrradv spoken. If tke kill referred to, about which lean form ee opinion until I see it.be strictly within the limits of the Constitution,! imagine Hit people ol tins Mate will submit te it on great is metr regaru lor law. n it is adjudged, on the contrary, to be in viola tion of that instrument and rcvoletionarj in itself, it will be resisted. Should it be came a law sooa, I earnestly advise you to -I f ! ... uc tnarj ui rxercising int powers wun whkh it did invest vea. tie content in trr et least fur a white the moral effect of hold"- iog this power over the heads of discon tented men beWe shocking all worship pers of the common law throughout the world, bj hurling freemen into sheriffless tiungeoos ir opinions sake. 1 do not speak this factiouslj or bj way of a flour ish. Nor do I bel.eve that as an enlight ened lawjer, and a christian statesman, joti cu!d feel anj pleasure in the pefermance of such ao ungracious taik. I am on the coatrarj convinced that you believe it to te the onlj war to secure North Carolina ia the prtlurmanre of her obligations to her Confederates. 'I he mikfortune of this be lief is jours, the shame will light upon those unworthy son who have thus sought to stab teeir mother became she cast them olT. If our citizens are left untouched by the arm of military violence, I do not de- if air or an appeal to the reason and pain otism of the people at the ballot boi. Hun dreds of good and true men now acting ...... 1 . . - . - . o wun, anu possessing the confidence of the party called Conservative, are at work afaiast the dangerous movements for a Convention ; and whilst civil law remains latactwill work zealously and with heart I expect mjself to take the field as soon as the proprieties of mj portion will allow me, and shall exert evirv effort to restrain the revolutionary tendency of public onin ion. Never jet, sir, have the people n .Nor Ui Carolina relused to listen te their public men if they show right and reason on their side. I do not fear to trust the Is sue now to these potent weapons in the hands of such men as will wield them next summer. , I do frar to trust bavonets am! dungeons. I endeavored soon after mv accession 10 the Chief Magistracy of North Carolina, to mak you aware of both the faet of disaffection in this Stale ami the cause of it. In addition to the many let ters to you, I have twice vUited Richmond eiprtalv to give jou information on th (mint. The truth is, as I have often said before, that the great body of our people nae oeen suspected uy tlietx government perns p. because ol the reluctance wit hich they rave un the old Union: ami know veu will turilon me fur savins th the consciousness of their heih has heen greatly strengthened, by what seemed to be a studied exclusion of ihe anti secessiooiats from all the more important offices of the government, even from those promotions in the 'army, which many of them had won with their blood. Was thi suspicion just? And was there sufficient eaorttnadetod.sprove that itex'ited, if i reaur did not exist in Richmond? Dis cui&ion, it it true, has tcii nnlimir...! -. bitUr.indtinrelcQtiojcrhictsm upon jour dministration has been indulged in, but where and when have our people failed vou in battle or withheld either their blood or their vast resources? To what exaction have they not submitted, what draft upon inir painuusm nave tney vet uisnonorear inscription ruthless and uarelentmg has only been exceeded in the severity of its execution by the impressment of property, irequenuy entrusted to men unprincipled, dishonest, and tilled to evrrlowing with all the petty meanness of small minds dressed n a little brief authority. The files of my office are piled un with the unavailing complaints of outraged citi zens, to, whom redress ia impossible. Yet they have submitted, and so far performed wun honor, their duty to their country, though the voice of their very natural mur murs is sit down to disloyalty. ( do not hold you responsible lor all the petty an noyances, the insolence of office, under which our people lose heart and patience. Even if I did, ( cannot forget that it is my country ihat I am serving, not the rulers of that country. 1 make no threat. I desire only with singleness of purpose sod sincer ity ot heart; to speak: those words of sober ness and truth, which may, with the bless ing of God, best subserve the cause M my suffering country. 1 hose words I now believe te be the ad vice herein given, to refrain fro in1 exercis ing the extraordinary powers about to be iven jou bj the Congress, at lest until the lasthepe of moral influence being suf ficient, is extinct. Though vou expressed a fear in jodr last letter that my continued e Ports to conciliate were injudicious, I cannot jet see just cause lr abandoning It. Perhaps I am unduly biassed in mv judgment concerning a people whom "l love, and te whom I ewe so much. Though I trust not. Uur success depends not on the neeabere engaged to support oar cause. but upon their zeal and affection. Hence I have every hope in persuading, not one in forcing the sympathies of an unwilling people. Ihe Legislature of this State meets next May. Two-thirds are requir ed hy our Constitution to call a Conven tion. This number cannot he obtained : a bare majority vote for submitting the pro portion, will, in my opinion, be impossible. under ne circumstances can a Convention be assembled in North Carolina during the present year, in my judgment, and during next summer the approaching; state elec tions will afford an, opportunity lor a full and complete discussion of all the issues, the result ef which I do not fear, if left to ourselves.. If there be a people en earth given to the sober second thought amenable to reaton and regardful of their plighted honor, I believe that I may claim that it is the people el worth Carolina. ry respectfully, yeur obedient serv't., Z. B. VANCE. ty to protect Generals who, by mistake or r"" ,a,,c inifimtuDD, nau arrcaisu inno cent persons." ' ' i"r. Graham spoke ef North Carolina. If any one supposed that anything in the condition of that State had at any time called for the passage of thw law, that pinioa was, in his belief, erroneous. When Lincoln, by his proclamation, had declared war, she said there was no neutrality for her. She threw herself, heart and sonl. into tlit contest, and in the manner in which she had bo me herself, in her contribution to the cause in men and means, in the valor of her sens en every battle-field; she well might challenge comparison with any State of the Confederacy. He had learned from me Aujuiani uenerai ot iMortn Carolina, that that state had contributed te the war 97,886 men, 'besides two regiments, the muster rolls of which had not been receiv ed. Of this number there were new 50, 000 in the' field. When Qen. Lee began the fitht in the Wilderness with that army which was the admiration of the world, one half of th em were North Carolinians. He knew not what was the number new, re duced by the dead who were under the sed, and the wouadtd in the. hospitals. "He did not think another law to sus pend the .writ either necessary or expedi ent. He was net even prepared to say that ne was content that tbe present law should remain in forcv until it expired by limita tien, He thought the burden imposed bv it en the necks of the people should be withdrawn; yet, if a bill, pioperly guard ed, suspending the writ of habeas corpus, should be brought forward, he did not know that he should withhold his vote. The vote was then taken on" the resolu tiop, to inquire into the expediency ef coBuiutng me suspeosionj and it was agreed to. AN ACT marc effectually tttuure the Itnefilt tftht tcri efhabtas corvus.andlo prevent the tranmor- Ut!$n of citizens in civil Ufe beyond the limits of Sec I. Bt it enacted bu iht General As. sembly f Aorth Carolina, and it is herebv enacted by the authority of the same, That any person as to whom a writ of habeas corpus has been issued and served, who wmuiijr fails or refuses, under any pre tence whatever, to obey the mandate there of, or the orders of the judge or court there on, before whom the same is heard, or who i ... Knowingly or intentionally prevents the serVice ol the same by force, or by keeping out of the way, or who shall witfujly fail or rciuae to permit any person upon applica nt mj counsel, in nis custody, to consult with and have the assistance of counsel, for the purpose of sucing out. or nrostcutine said writ, or who shall send away or con - ceai any person who is in his custody or under his control, with intent to prevent said writ from being sued out or executed, or the petitioner from being discharged, when the judge or court so orders, shall be guilty of a high misdemeanor, and, on con viction in the Superior Court, shall be fined not less than one thousand dollars and imprisoned not less than one year. Sxc. 2. Be it further enacled. That if any person shall, under any pretence whatso ever, transport beyond the limits of this state, by lorce or violence, any person in civil life, such person so offend inir shall be guilty of a hi;h misdemeanor, and, on con viction, shall be fined not less than two thousand dollars and imprisoned net lest man one year. Sec. 3. Be it further enacted. That if any person in civil life shall be transported be yond the limits of this State, contrary to the provisions of the second section of this act, the Governor of the State shall forth with demand him of the authorities of the Confederate States where such person may ue imprisoned. ' Read three times and ratified in Genera Assembly, the 28th day of May, 1864. R.S. DONNELL.S.II.C. GILES MliBANL', S. S. regard the present war between the Con- lea e rate states and the United States, as a war of self-defence on the part of theCon eoeraie states, yet we do not hesitate te de :lare, that, for the sake of humanity, it be comes our government, through its appro priate consiiiuuvnai departments, to use its earnest efforts to put an end to this tin- natural and unchristian work of carnage; and to this end we earnestly nrommnrl that our government, after signal successes of our arms, and on other occasions, when none can impute its action to alarm, in stead of a sincere desire for peace, shall make te the government of; our enemy aa official offer for peace, on the basis ef inde- penuence anu nationality, wun tne propo sition that tbe doubtful border States shall settle the question for themselves, by con ventions to ne elected tor that purpose, af- . ter the withdrawal of all militarr forr nf both sides from their limits.' Resolved. That we believe this coarse, on the part of our Government, weulll be hail ed by our people and soldiery as an assu rance mat peace will not be unnecessarily' delayed, nor their sufferings unnecessarily protongeu. Resolved. That while the fore?oin? ia an expression of the sentiments of this Gene-1 ral Assembly- respecting the manner ia which peace should be sought, we renew- our pledges oi the resources and powers of the State to tbe prosecution of the war, defensive on our part, until peace is eb- ' tained, upon just and honorable terms, and until tne independence and nationality ef me Lonieuerate states is established. GOV. GRAHAM ON THE HABEAS CORPUS. The Kichmond psprrshave not reported the speech delivered by Gov. Graham in the Confederate Senate on Tuesday last on the habeas corpus qnestion. The Whig compliments it editoiially as fellows ; ' Mr. Graham, of N. C, presented his views at length cu the habeas corpus tt tion, taking the ground that the act su pending the privilege of this writ was not only in contravention ol the Constitution, but alo encouraged the enemy to believe tbut such a stringent measure was necessa ry to suppress disaffection in our midst, when it was well kn wn to us that no such disaffection existed. Mr. Graham conclud ed his remarks with a vindication of North Carolina from imputations of disloyalty to the Southern cause. The whole speech wasdelivered in excellent temper, and was not only characterized by elegance of rite toric, but by force of argument, which se cured for the speaker the constant attention of the Senators present." In a brief sketch of the conclusion of the speech given by the Examiner, he ar gued that the proper course wai for milita ry commanders to arrest and imprisen'dis loval men and traitors; as they had a right to d, M and he (Mr. Graham) would go asl Resolved, by the Qtneral isitm!n of the far as any one in paiiing a till of indemni-1 ttnfc'cy jYerfA Careilna, TLit wliilst we Resolutions in reference to a Basis of Peace V..t... l ....- n t j t . 1 The Subordinate Generals. n,n,r1 Johnston is fortunate, I think, in his sub oruinates. 1 here is not a more perfect aT- ficer than Hardee, a more magnetic leader ir i ri .i r . . man imwi. fucawtant it 03 U3eiU( Q Camp as he is dashing on the field. Cleburne is industrious, experienced and daring. Bat is earnest. laborious and warm. hrtL Stewart is a type of the Christian soldier ...I .-1.. tV.lt " 1 1 . anu gcuuciuau. if ai&er 19 SIDgie-minuetl, valiant and energetic. Stevasan all the tricks of war, a West Pointer every 1 ft.' ITM ... men oi mm. inese are atued by a bright Corps of brigade commanders. As a class. iuej are temperate anu attentive, and pos sess the confidence ef their men. On, the outposts Wheeler, who is truly s fine ca valry commander, has his division in excel lent efficiency. He keeps up with the. iimcs uu is ucv cr csugm napping, in provost marshal general, arse, who comes very high in importance as standing at the head of the secret service, is a fine selec tion. Col. Ben. Hill gained afamous name as a fighter. Taken from the field and placed in the office, he ia exhibiting the same shrewd characteristics, and I do net doubt has the situation constantly at his fingers ends. With such a staff about Lira, Gen. Johnston is hardly likely te be in veigled into a false step, or overcome by any enemy wnaisoever. Cor. Atlanla Ajp. Arrival of Cavtured Arms.Wn finffl 4 v i . m at the depot of the Richmond and Freder it i . . icKSDurg rauroau, yesterday, eight or te.i freight cars loaded exclnsivelr with V.-n. kee muskets, brought front the battle-field near spousyivuniai;. 11. We learn frou Col. Baldwin. Chief of Ordnance for th. army of Gen. Lee, that we have already secured 18,000 Yankee muskets on the battle-fields in Spottsyltaaia, and 4,000 ia Chesterfield, in addition te five pieces of aruiieiy, including three twenty pound Parrotts and two Napoleons. " Richmond Examiner. Prom Northern tlrginia. It is believed that Grant, having thrown away S0.CC9 men in front ef Gen. Lee without accom plishing anything, is new endeavoring by a stragetic movement to reach the Peninsula, with a view of advancing en Hiomovd from that route, takiig for his lae VVit Point, which he might have ercu-J the commencement of the campu-u. Richmond l :i: i. A Spanish Admiral has seize ! tit : ;& cha Islands, the property ef Peu.
The Durham Recorder (Durham, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
June 8, 1864, edition 1
1
Click "Submit" to request a review of this page. NCDHC staff will check .
0 / 75