The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1864-04-13
GEORGIA.
Resolutions on the Suspension Of the Ha-
beas Corpus.

inc ioho"iug RESOLUTIONS, introduced by Mr..
stephens, passed both Houses Of the Georgia Legis-
lature just before their adjournment:
The General assembly of the State of
Georgia do Resolue, lst, That, under the
Constitution of the Confederate States.
there IS no power to suspend the privilege
Of the writ of habeas corpus, bu, in man
ner and to an extent regulated and limited
by the express, emphatic and unqualified
constitutional prohibitions, that "No per-
son shall bedeprived Of life, liberty or pro-
perty without due process Of law" and
that The right Of the people tosbe secure
IN their persons, houses, papers, and effects.
against unreasonable searches and seizures.
shall not be. violated, and no warrants
shall issue. but upon probable cause, sup
ported by oath or affirmation, and particu-
larly describing the place to be searched.
and the persons or things to be .eized.~
And this conclusion results from the two
following reasons: First, because the pow
er to suspend the writ is derived, not from
express delegation, bu, only frsn implica-
ton, which must always yield to express,
conflicting and restricting words. Second,
because this power, being found no where
in the Constitution, but in words which are
copied from the original Constitution Of
the United States, as adopted in L. -S7, must
yield, in all points of conflict, to the sub
sequent amendments of 1889, which are
also copied into eur present Constitution.
and which contain the prohibitions above
qaoted, and we're adopted with the declar-
ed purpose OF adding " further dec aratory
and restrictive clauses"
I'd. That due process of law" for seiz-
ing the persons of the people, as defined by
The Constitution itself, is warrant issued
upon probable cause, supported by oath or
affirmation. and particularly describing the
persons 10 be seizsdi and the issuing Of
such Warrants. being the eIeftion Of jh-
dicial power. is, if done BY any branch Of
the Government. except the Judiciary, a
plain violation Of that proyisioa Of the Gen.
stitution which vests the Judicial power in
the courts alone and therefore, all seizures
Of the persons OF the people. by any officer
of the Confederate Government. withsut
warrant, and al warrants for that purpose
e. nn any but judicial source. are Gun,
unconstitutional, and utterly
veid.
Sd. That the recent Act Of Congress TO
suspend the privilege of the writ Of habeas
corpus IN eases Of arrests, ordered by the
President. Secretary Of War, or general
officer commanding the trans Mississippi
Military Department, 10 an attempt to sus-
lain the military authority. in the usurpa-
tion OF The constitutional judicial function
OF issuing warrants, and to give validity to
unconstitutional seizures Oh The people
aud, a. the SAID Act. BY its express terms,
confines us operation TO the spholdins of
this class of unconstitutional seizures, the
whole suspension attempted to be author
lied by il, and the whole Act itself. are
utterly void.
4th. Thai, in the judgment of this Gen.
eral Assembly, the said Act 10 an alarming
ASSAULT upon the Constitutional power Of
the Courts, and upon the liberty or the
people, withoat any existing pecessity to
excuse IL. and beyond the power Of any
possible necessity 10 justify IL; sud our
Senators aud Representatives in Congress
are earnestly urged 10 take the krst posi-
BILE opportunity 10 have II blotied freIn the
record Of cur laws.
5th. That, ~ Constitutional liberty is
the ssls object which sur people and our
noble army, have. in our present terrible
struggle with the government Of Mr.. Lin
coin 80 also 10 . faithful adherence 70 iton
the part Of our own government, through
good fortune in arms and through bad, one
o. the greatest elements VI our strength and
Gnal succsssJ because the constant con-
trast Of Constitutional government, on our
part, with the usurpatiOns and tyrannies
which characterize the government of our
enemy, under the ever recurring and ever
false plea of the necessities Of war, will