Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1864-03-12

supported by oath or aflirnstIon y rsrtic,I-I ,t
ing the Pers5ns to De seized :; that "nO person ahs
be deprived Of liberty, without due process Of Is7-
AID that II " all criminal prosscuto1s the aceugfi
shall enjoy the Tisht OF speedy sad public trial by a
impartisl jury"
The Constitution also defines the powers OF the r.
eeutiye, which are Il 1ited to thoss delegated Emonl
which there il authorizing him 20 iss1o Warraua
order arrests OF persous not "a actual military ser
vice, or TO SIT adSe IN any to try any pesol
for criminal ofsnse 70 appoint any aibu
nal 10 do t. not provided for in the Constitution par
Of the judiciary The power TO szus warrants and tJ
persons, under erimins accusations, judcis power
which belong, under the CoBstitution, exclusively u
the judiciary, snd Eet TO tbs Executive His power
order arrests msnder in chief s strictly miilarl
power ana i5 confined 10 the arrest OF persons in the
army navy Of the Confeder2ts Ststes or in tie nj
lluH When 30 the eetusl service Of ths Conirdsrat
States, and does not extend 20 any persons in civil IN
unless they be followers Of the camp within ths llre
Of the army. This is clear from the provision Of the
Constitution which declares that,
" No person shall be held to answer for caBifsl o.
otherwise Infamous crime, unless on preseBsment o.
Indictment Of grand jury, except IN cases arising II
the land or naval forces IN the mtis when IN scua
service In time Of VS. public danger" But eves
here, the power OF the President commander ehsf
not absolute bis powers and dulles n ordering AZ
rests o persons in ae land or naval forces in The mi
MA when N sexual serTee are eeary defined by the
rules and articles Of prescribed BY Congress Any
warrant Issued by the President any rcs made by
him, under hi order OF any person in civil life auc
not subject to military command Is Illegal and plsir
TOlstioa Of the Constitution; Il Is impossible foi
Congress By implication, TO confer upon the President
den to hin by the Constitution.
Any effort on the part o. Congress 10 do this l. but
an ateptto revive tae ous practice OF oreFng po-
iesl arrests, or issuing letters de c1chst royal pre-
rogativs. long since rsuouneed by our rsllsh an.
cestry and the denial OF the right of The cOnu ions
Judiciary to investigate such cases, ana the provision
for creating court gPpOi ted by the Executive and
chAngeable At his Will 20 take jurisdiction Of the sane
are In violation OF he great principles Of msgaa charts
-, - NaD7Es -oiPus eetT SIC t1S Cclzti'
tuition Of tue Confederate States upon which both Eug
sh and American liberty rest and srs but an Atte
20 revive the odogs Stsr-Chambsr court Of England
which, in the bands Of wicked kings vas used for ".
ranniesl purposes by the crown until IL was 4 aiv
abolished By set Of Parliament Of 16sh Charles l.
Whih went into operation The lat Of August l64l
Tbs &C. has ever since bssn regarded one OF she
great buiwErkE OF English liberty and IL was
passed By the glib Parliament 70 gocurs or Lng.
iisn ancestors against tbs very ehArso-er Of
oitrsry arrests which the late set Of Congress IS in
tended TO authorize the President 70 make, appsnd
copy Of II to this message with tie sane italics and
smsl capital letters which zre used in tee printed
copy in the BOOK from which It fs taken Il NfI be
that the court Of star Chamber which was the
instrument IL the hands OF tbs EDgIsh king fer invest
igatns bis Illegal arress and carrying cut bis aIbi
trary DEGREES, wEs much more reEpect5o account
Of the character, learning and sbty its msnbers
than the Confederate "stsr ehambsr,' or court OF
proper ofeers heh the set cf Congress- gives the
President power TO appoint to Investigate biz Illegal
arrests
am aware Of no fnssnos In which the British King
has ordered the Of say person IN civil life n any
other than BY judicial warrant Issued By be
esabkhsd courts Of the realm ia which be has sus-
pended, or attempted to suspend the privilege Of the
writ Of habess corpus since tie Bill Of Rights and act
OF settlement passed in 1859. To attempt this In 1864
would cost tha present reiguing Queen no lsss price
than her crown
hAbess corpus known 50 Constitution aud comp psti.
bic with the provisions slready stated goes the
pie extent Of preventing the release uuder Of
whose have been ordered under constitutional
warrants from Judicial authority. To this extent The
Cons stutiOu allows the suspension In Gaze OF rebeod
invasion order that the accused may be certainly
hid haar
der preeEt Of exercising this power, authorize the
President to make Illegal arrests prohibited BY the
fer such powers the President, II be should order
snch Illegal arrests Il Word be the Imperative duty Of
judges, vino hsve soemnly sworn TO support the Con
sfuLon, TO disregard such Institutional egsiato1,
and grant relief 70 persons 70 Illegally iuurso1ed gud
It would be the duty Of the Legislative and executive
DEPARTMENT. Of the State TO sustain and protect the a
dietary IN the discharge Of this o5Hg CATION.
By examination Of the act Of Congress now un-
der consideration it viii be is not en- set
suspend the privilege OF the writ Of habess corpus
in Of warrants Issued By judicial authority, but
the mzn purpose OF the act 10 b TO s aOrize
the President ls warrants supported by neither
oath nor affirmation, and 70 make Of persons
not 10 mfsry service upon charges Of nature proper
for Invest CATION ia the judicial tribunals Only and
prevent the courts from iuquring into such ar
granting relief against such lille gal usurpatons
Of power which in direct a2d psipass violation Of
the Consultation.
Tie act enumeratss mOFs than twenty different eau
ses Of arrest, most Of winch cognizabls and iabe
only the Judicial tribunals established by the OOusi-
tuilcn, and for which warrants les ally issue for
the OF persons civil life by any power
the Judiciary and then ony upon PROBABLE cause sup.
ported BY oath or Affirmation, particularly describing
the psrsOns TO be seized such treason" treason
s0Is efforts combinations TO subvers the GOvernent
OF the C9rfeoerata g. ses c9uSprAcies TO overthrow
the Covsrpuent or sco.uir-ies to reEst the 4vsruI
authority Of the Confederate States giving tbs enemy
asiJ andeofort attempts to fnete s4rvle insurrsc
tion" the burning Of bridges railroad telegraph
lines" haIbUring deserters, and ether offsnses
against thu laws Of the CoHfsdersts Sstes, ETC. etc
And If to place the usurpaiion Of power beyond
doubt osv the act expressly declares that the su-
pension shall apply only the OF persons arrested
ssined by the President the Secretary Of War
the general officer commanding the trans Mississippi
military department, by authority and under the
tre Of the resident in the enumerated In the
act most Of which exclusively Of Judicial cosui-
zance ard N which cases the President has not ihs
shadow Of constitutional sCthory warrants
order arrests bus is actually prohibited By the COns
tuition from doing 50.
Tns then is MOI an &C. t. suspend the privileges Of
the writ Of habsRs corpus in the authorized by
implication by the COnssitudon; but II is 10
thOrzs the President TO MAKE Illegal and unconsiita-
ti5nsl arrests In osEes which the Constitution gives to
the judiciary and denies the executive; and to pro-
hioiI all udels nterersnes for the relief o. the c-
zen when tyrsnniZed by Illegal arrest undsr let
tres de eachet ,ued by executive sulhOriJy.
instead Of the Legality of the arrest being exaUinsF
10 the judicial tribunals appointed by the Constitution
Il Is to be examined in the Confederate Star CHAMBER
that is by officers appointed by the President My
say that the Pres dent shall proper officers 20
vssgste thelegslity Of arrests ordered BY HINT Why
duty It is to do ~
We arc witnessing with too much indifference, as
sumPtons OF power oy me Gonieosrais 9oFeFnmsnt'
which in ordinary times would arouse the whole COM
try to indignant rebuks and stern resistance. History
teaches that submission TO one eucroaehment upon
constitutional liberty, always followed b. another
and should not forget that important rights yielded
those in power, without re5ue protest never
recovered by ths people without revolution
II this acquiessd the President the Secretary
Of War, and the commander Ct the asissppi de-
parmsnt under the control Of Tie President eseh has
the power conferred by Congress- TO iHprson whomsO-
he eooses; A1d it is only sszry ggs thzt
t IL done account Of sasonabs efforts or Of con
spAeies resist tie lawful authority OF ths Coufedsrais
States" for giving aid and comfort 70 the enemy
other Of TIE Of enumerated in the STAT
ute, and have subslteTn 10 his affidavit accordingly
after the srresnd no court dare iuq ire into The
Of the inprs0nment The statute makes the President
aud not the courts the judge Of tie sGelsney ef the
for his acts Either Of you any other citi-
zen Of Georgia may at any moment Gas Mr. Vsiandg-
ham in Ohio be drag eyed from ysUr homes st mid
night by armed force and Imprisoned the will Of the
President upon the preext thar you have been guilty
Of ofsnse Of the character above named and
court known 20 our judiciary inquire into the wrong
grant reiieL
When such bold stridss towards military despotism
and abso ute authority are taken BY those in whom
have eonhded, and who have osen pisced in high ON
eia po ton guard and protect constitutional aud per-
soua Lberty Ii the duty Of every patriotic citizen to
sound the ALARM and Of the State legislatures to sayn
thunder tones who assume TO govern BY alb
solute power that there s point beyond which free
men viii not permit encrOaehmentsto go.
IGe B4SlahuIos OF Respective otalcs A9OAed
to the guardians Of the rights Of those whom they
represent and it Is their duty such dangerous
snactmsnts upon the liberties OF the people promptly,
and express their unqualified condemnation and 70
their Senators and request their Representative
70 repeal this most monstr0us act, resign trust
which BY permit ing it TO remain the statute book
they blse, TO the injury Of those who have honofed
them their confidence IN this trying period Of
history earnestly recommend that the Legiiaturs Of
this STATE take prompt action ppOn thiS subject and
stamp the With the seal OF thelt indignant buke
Can the President longer trust the judicary with
the exsreiN OF the Legitimate poHers conferred upon
by the * lton and lawsf In what instance nave
the gravs lignfed judges proved dislOys untrue
70 our cause When have they embarrassed the gov
eminent by turning loose trstors skukers or spies
Have they not in every instance given tie government
tbs bsneat Of their doubts in sustaining action tsOugf
they might thereby 10 encToach upon ths rights
the States and for time deny substantial uss th
people Then why this implied censure upon them
What Justification exists for this most monstrous
deed which dld not exist during the first second yea
Of the war uness 1t be found IN he fact tha those Il
power hsve found the people raay to submit 70 ever
eneTOaehnerf rather than mske issue with t1e Gov
errmsnt while with the enaz1y, and nAVs
axe tbs step Wnct