The New York herald., 1864-05-06
Alexander Il. Stephens Speech
in Georgia.
Another Change in the Rebel Vice
Presidents Views.
PIERRE sOULE NOTMARRlED
MORE BLOCKADE RUNNERS,
H.. &e., -
stephens speech. .


Involved hr stephens doea not leave the object he had
10 view matter of doubt or inference. he says,"Ths
brings me TO the man object OF this address, review o.
those acts OF Congress TO which your attention has beer
especially called by the Governor and which your
Sion Is Invoked; these are the currency the military ant
hhe babeas corpus suspension acts This declaration
. followed by iaoored argument 10 shos
shat each and all Of these acts are unwise
nntust and unconstitutional Thus the object
Mr. Stephens 70 satisfy the Legislature OF Georgi
ybht the action OF the late Congress such de
pnand their action as would place the sea
81 Georga's condemnation upon the action OF the Con
bederate government and, by the adoption OF Governo
Browns recommendation save the State and country
rom the eeSts OF that legislation When the Vice Presi
Sent Of the Confederate government feels called upon thu
20 array the Legislature OF his Stale 10 hostile ansgonsn
20 tho government 10 which he holds the second highest
sce, feel that the occasion not emily ustes but de
eande an inquiry On the part OF every citizen into the
which have placed their Vice President 10 such an
anomalous position.
Considering these questions The order n which they
are discussed the speech before us, refer FIRST 70
Ans comments upon the Currency bill Mr.. Stephens
says'As 20 the FIRST OF these measures the TaA aci
and Funding act known together as the Financial and
Gorrepcy Measures, SIMPLY say, 10 my Judgment they
AIe neither proper, wise nor lusi. Whether in the
midst Of conflicting views such diversity Of opinion
ard mteresis. anything better could be obtained, ]
know not--perhaps not We submit 10 Mr. Stephens
OF justice 10 say il iar criticism upon the
Econ OF Congress 10 pronounce measure mproper un.
and UNJUST when be compelled 10 admit that he
6Oes uot himself know OF anything better that could be
some When Congress met the whole country wac clamo
for financial scheme that would reduce the
sency and establish confidence In the credit Of the gov
0smsni securities After much delberation and the dis
"a,
which better proposed and to this hour
Aae suggested and because IL perfect and
ise and unjust, accompanied with the declaration
Shat those who condemn don't know that thing better
soald be done, perhaps not" J, does seem TO that
Mr Stephens had been anxious 10 sustain the scon
OF the government with which he is SO closely and
lly connected, he TO defend the message and
doctrines Of Governor Brown, ne wonld least have
betaIncd from fault huding and complaint, when be was
compelled TO admit thai perbas IL was TIE best ths,
The discussion Of abe Military act by Mr. Stephens il.
Brief and without intending to be ofensve we will add
yontess The Legislature OF Georgia at s last session
tween seventeen and eighteen and forty fve and nifty
Jhswas done AZ the instance OF Gov. Brown, and wrh
abe fun concurrence of Mr., stephens himself Al all
events he did not feel called upon in public way 70 OK
press his dsapprooaon Now, the act OF Congress SIM
ply does the game thing The Militia bill Of Georgia
tood these for State defence the Of Congress
does the same They not 10 be called into the field
u either Organization, unless The necessities
esset thcr OVID officers, and the oply earthly
doerence E, whether they shan he under
ihs command Of Prcsiden, Davis or Governor Brown.
t0Agrese thought we are happy 10 see our Iegea
sure did 30 aisothat ali the military movements Of the
boantry had better be under head and therefore
1seeed the bill for The organization OF the Reserve corps
The gist Of Mr Stephena speech bis discussion the
ect suependne the writ Of babeas corpus which be pro-
scunces tne mosi exciting and by far the import
ans question" Rejecting the pretence that bad been
ssa up BY GOV Brown tba, the right OF Congress 20 sps
kepa lpe privilege Q the wr was implied power and
AheTefore subordinate other express ooers of the
stuton he admits that the r clear and explicit
Aod only says enough abont the power beng implied
Vi cover, IL gracefully as he could, tne frminery
sS Governor Browns message on this point This much
Mr. Stephens perhaps felt due 70 his friend Governor
brown, doubtless. the Governor had been led into
by casual remarks which preceded The prep
Arason OF the Admitting the power in Congress
suspend he attacks the mode and manner OF euspen
Sseo and the point Of biz argument TO soow that The
OF Congress unconstitutional IN view OF the man
which the privileges OF the wri have been soe
pended
Tne sfeomeri o, NJ stephens NAV be briefly stated
mus The privileges OF the writ of habeas corpus may
be suspended by Congress, but IN dong so no msn
shaI DO deprived o Ms liberty without due process OF
sv nor sha any maj be subjected 10 seizure except on
pso babe cause, supported by oath or affirmation" i
vD be observed that according % this argument, no
suspension OF the writ of hRheas corpus is
.Vttutioua which provides for The imprisonment
any person without due process OF Jaw and 10 sns
pension constitutional which provides FOR an arrest,
sxceps for probable cause suppored by oath attma
soa.n This article In based upon the two following pro-
rpions Of the constitution mo pcrson shsI De de,
ived az life ery OF property without due rocess OF
awn z The right OF the people to be secure IN their
rsonf houses papers and effects against unreasonable
searches seizures shall not he violated and no war
shal bnt upon probable cause supported by
s~tb affirmation ard particularly describing the place
ar DO searched and person things ~ be sezed
'pue process Of law according 10 the argument o. Mr.
.faephens means tucicial proceeding Therefore al
Dot based upon warrant hsued by some luoela
scer Unconstitutional, though authorized by ar
rress sot ~ Congress.
New ruth and correctness or The arer-
The doctrines and practices both Of the Confede
ssie and state governments Governor Brown, Mr..
StApheDs and the balance or mankind. Both govern
meLtf re~oYed "a mressmeDis OF property Tor the
pubic use-thsi they have authorized their ocers &c
the properly Of the citizen for the use OF the gov
ryDment In no cast has II been done either by due
ysoe2s Of law "upon inc cath or affirmation Of any
terson and vet she Of the constitution relied
ppcn by Mr. stephens refer every 70 property
n well AZ person lie says-tbe socordng 10 the con.
stta,on person deprived OF liberty with.
due process of lswitbai H. judicial prcCeedi1gs
We answer tnai the sane clause OF the constitution with
sqna emphasis declares 'no person shall be deprived Of
property without due process Of law"
Mr.. Stephens says "Do warrants chan ssue against
any person but upon probable cause supported by oath
., affirmation, and particularly describing the person 10
te sesed" We answer, the same clause Of the consti
w -. - :, ~. ssaSe snr & ehh, esse
by oath affirmation 10 every instance 10 the const.
sutton both placed the same footing and IN the
same paragraph VIII Mr. stephens or Governor Brown
POINT 20 practice Law o either government which
yequres impressments to be made oy educ process ~
lAw," ~ expounded by tnem' And yet they will scarcely
that all the impfcssment acts have been nnconstu.
tons because they did not provide No such objection
been urged, though upon other grounds some
n these laws have been declared unconstitutional
10 o1sc has any impressmeni law required either
sosih or affirmation and vet never entered into IN,
bead OF the sstute cavllor to make the want
rocb provision grouno Of copsiufons objection 70 ~
besides The clause az the constitution already quoted
ahere the additional provision nor snail private prop
erty be taken for public without ust compensation
Bore additional guards thrown around the property
ihe citizen, and which shosld command the wstchfu
and oversight a Mr. Stephens and Governor Brown
- vel ss those already referred TO- Let ns test The cor
RICHNESS Of Mr. Stenbens argument IN the light Of all
Niece PROVISIONS OF the constitution, illustrated IN
thc Official acts 81 Governor Brown. The Cover.
sor. ~ be ovD order, without any authority
~ lsv the statute book, seized al the salt 10
Georgia Ills ayOwed object was 70 reduce the price and
5seve tie necessities OF the people. There were no
ndoiA proceedings IN the matter, and yet the consiu
Ion declares THAI man ol be deprived OF his proper
- =, ~l.noal % Due process Of hw There was no war.
ant ssuod on the oath or m Ston Of any person, and
~ ihs constitution ssys that b. people shai be secsred
-, GUY y len persons bu, IN her houses and enects
y ibe citizen against such seizures requires that 'no
tns issue oot upon probable fa1ses, supported
lace 70 DC searched and the things 70 he s1ed Gov
sinor Hown CD not require the salt for o0hlc use
80 ye' ZIG CONSTRUCTION givef sutbority seize
srWMo property except for publc use Nc dio
- psy lofl compensation, for Lie av0Ded Nlecs
80 " p'eVent the eitizens from reosivi,s tne
nsrke Price wbof o0f srprcme Court has deeideS u,
as. ooihpebsAeon, authorized and required nv IA.
onnsIuion v be patio upon the seizure Of private nrn
PeSy Joy public use and yet the consultation dscss,.s
plss.e property shali not he taken for public uss
~ stephens be correct, HE model Governor STANDS a.
. eoo condemned by that Argument, IN this single