Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1864-05-18
Position of the State of Mississippi ON the Ha.
beas Corpus Question.

The following resolutions, introduced by hon.
Fulton Anderson, were unanim ously adopted oy
both branches of the Mississippi Legislature, set
ting forth the opposition Of that body to the sus'
pension Of the writ Of habeas corpus:
WHEREAS, The writ of ha6eas corpus is the great
prerogatiye writ of the American people, distin-
gushing free and constitutional government from
an absolute despotism; and, whereas, this great
privilege of American citizens was inherited by
them from their ancestors, and was held and exer-
csed by them before the establishment of any OF
the Constitutions of the American States, after
long and arduous struggle of five hundred years
duration against the adherents of arbitrary powers
and whereas, it is declared in the Constitution Of
the Confederate States and in that Of the State OF
Mississippi, that the privilege Of the writ of ha6eas
corpus shall not be Suspended unless when in cases
of rebellion or invasion the public safety may re-
auire it; and, whereas, it is also declared in said
Constitution that "the right Of the people to be
secure in their persons, houses. papers and effects
against unreasonable searches and seizures, shall
not be violated and no warrants shall be issued
but upon probable cause supported by oath or afir
nation, and particularly describing the place to be
searched and the person or things to be siezed,'
thereby intending to guarantee to the American
citizen the nalienable right, derived from the COM
mon law and inherited from his English ancestors
to be secure from arrest except upon warrant, spe
cfying the offence, and on probable cause, sup
ported by oath or affirmation; and whereas on the
18th of February last the Congress of the Confed-
crate States did pass an act "that during the pre-
sent invasion of the Confederate States the privi-
lege of the writ of habeas corpus be, and the same
is hereby suspended in Of persons arrested or
detained by order of the President, Secretary of
War, or General commanding the trans Mississippi
Department, by the authority, and under the con.
troll of the President" which suspension extended
to arrests in large number of cases embraced in said
20 0nnssn 10 v,,nI.
and whereas, by, one of the provisions of said act
it is declared that the President shall cause proper
officers to investigate the cases OF all persons so
rested or detained, in order that they may be dis
charged if improperly detained, unless they can be
speedily tried by the due course of law" thus
placing it in the power Of the President Of the Con-
federate States to confer on military tribunals, hold
ing their appointments at his WILL and responsible
only to him, to determine upon the right and liza
bties of the citizen, instead Of leaving it to indie
pendent judicial tribunals of the country, in which
alone tho Constitution and laws have reposcd that
power-thus eyincng jealousy of the civil power,
which, in the opinion of this Legislature, is not
justified by the circumstances; and whereas, in the
opinion of this Legislature the power Of Congress
Implied rather than granted in the Constitution of
the Confederate States suspend the privilege of
the writ Of ha6eas corpus, did not and not in
tended to confer upon Congress the power to au-
out warrant and without probable cause supported
by oath or affirmation upon the mere order of an
executive or military officer, but was intended only
to apply to cases where the person of such citizen
was held in custody under legal and constitutional
arrest; therefore,
Be it resolrea by the Legislature Of Mississippi
That the act of Congress suspendng the privilege
of the writ Of hnbeas corpus is dangerous to the
liberty of the citizen, unconstitutional in some OF
its features, tends to make the civil power subord
nate to the military, and establishes precedent o.
doubtful and dangerous character, and should be
repealed.
BE it further resoleed, That the Senators of The
State of Mississippi in Congress be instructed, ant
the Representatives be requested to take the
sary action to the repeal of said act at the
earliest possible period; and if the same is not
pealed, the said Senators are instructed and Repre-
sentatives requested to vote against the further
suspension of said privilege; and the Governor o
the State is hereby directed to transmit copy o
these resolutions to the Senators and Representa-
tlves in Congress-
Be it. further resolced, That in the adoption, o
these resolutions it is not the intention of the LIE
gislature to impute to the President of the Confed
crate States any desire to arrogate to himself more
power than the Constitution has conferred and tina
in the opinion of the Legislature it is the duty o
every patriotic citizen to uphold and maintain tn
said President of the Confederate States in the lie
gitimate exercise of the constitutional powers con
ferred on him.