Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1864-03-25
a ccrrespondens in Paris;
The ua5eas Germ. asssluttss..

The resolutions Of Jadgs Stephens On the sua-
pension Of the hsboas corpas wit we're amend
ed beioEs they were passed. Here they are a.
they rssd whsu tie vote was taken:
The General Asssni5ly Of iEs Siats Of Gsorgia
DO RssggUe ., That, under the Constitution OF
the Confederate Stssss, hare is no power 70
suspend the privilege Of the writ Of hsboas cor
FGs, but in 4 manner and 70 al extent regulated
ard linitsd By The express, emphatic and IN
qualified constitutional prohibitions taat. " No
person shall be deprived Of life, liberty or prop
ertY, without due process Of law" aad that
{" The right of tHs ps0pla to be secure in Iheir
persons, hOGaes, papeTs, aad effects, against IN
reasonable searches and seizures, shall nos be
violated, and no WsTTants shall issue, but upon
I probable csuse, supported By oath or Efirma-
ton, and particularly describing the plses 70 b
searched, and the peEso1 or ihings 70 be seized"
And this coBclusion results from tie two fol-
I lowing reasons kIrst, because the power 70
suspend the wit is derived, nos from express
delegation, but only T0m implication, Aieh
nust always yIs.d 70 express, conflicting -
restricting words. Second because this power
being. found noHheEe IN The C0ustitulioD, bus Is
Vords which are copied from the original Cos
stignlion Of ths United States, Is adopted IN
1877, must yield, in all points . ,onHios, 70 tie
subseousnt amsndmsats Of b %, which are
alaU LUBAG4 AlAAS NlA EAG-l SaaaaAaAAaAlAr ----+l
which contain the prog .doDs above quoted.
were adopted with t5o declared purpose Of
adding ''IuItheT deel2ratyry and restrictive
clauses"
2. That due process Of lsW for seizing the per-
sons Of the people, IS defned By the Coustitu-
ton itself, is WErIaus issued upon probable
cause, supported By 0ath or afhImlG0l, ard
particularly describing the persons 70 be seized.
snd tie issulng Of such warrants, being the ex-
r. E. l.
branch OF the government, except the judiciary,
plain violation o. that provision Of the ConstisU-
ton which rests the Judicial power in the courts
alone and, therefore all seizures Of the persons
OF the people, By any ofiesr Of the ContedsTasa
Goyernmsnf, viii " warrants, and All Esrsnis
/ for that puTpossH n msny but q judiciary sourc5,
are, ia iAe jadgma ) Of fais General Asssnbly,
unreasonable and unconstitutional
3. That The recsnt act Of Congress 70 suspend
tls privilege Of the wit Of lls5sas co pus il
cases Of arrest ordered By ihs Prssidsnt, Sec
rstsry Of Wsr, CT general cficar eozalaEdinr
the trans Mississippi military department., is an
attempt to sustain toe military suthority, IL tha
exercise Of tbs constitutional Judicial funetiou
Of Issuing warrants, and 10 give validity TO IN
constitutional seizures Of tha persons Of tho
people; and, a. the said acs, By its express
terms, confines its operations to the uph0lding
Of this class Of unconstitutional seizures, tha
il, sod the whols act ilssb, IN the jGdgms1t ot
this General Assembly are unconstitutional.
A. That, in she Judgment Of this General As-
seinb!y, the said a0s is dangerous assault upon
the constitutional power Of the courts, and up
on the Liberty Of the people, beyonnd the power
of any possihls necessity to justify It snd
| while our senator's end representatives, in Cen
gress are earnestly urged 10 ssks the fISt Pess;
be opportunity to have is repealed, and refer the
Gues i5n Of It's validity to the courts, with tha
hone that the people aud the military authorities
viii abide By the decision.
5. That as constitutional liberty is the sole
object which our people and our noble army,
! have, in our pTeseat terrible struggle with the
| Government Of MF. Lincoln, so also is faith
/ fuI adherence 70 il on the part Of our OWE GoT-
! srnmsnt, through good fortune in srms and
! throughbad ons Of ths greatest elements Of our
strength and final success because the con
| stsrt contrast of constitutional goTernment, on
c1r part, with the usuTpations and tyrsnEies
which eharscterizs the GoVsTnEent Of O1r ems
nv. under the ever recurring and ever talss
/ IA of ths necessities Of war, viii have the
| double effect Of animsdng our own people with
an rucouquerzbls zssl, and Of inspiring The
ueopls of the NoTlh, more and more, with de-
sIrs sud discrimination to put an end to q con
est which is Wsged By their Government,
openly, sgainst cur hbsrty, and as truly, hus
more coTertly sgainss their own