Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1864-04-20
RESOLUTIONS

l9th day of MIrcb, 1854 declaring tie late Act
Of Congress for the SuspsnsiOn Of the Writ Ia.
beGs Corpus uRcOnstitutional; also Resolutions
passed on the same day, setting forth the prinei-
pies iHuOlred in The contest UiM the Lincoln GOO
ernn1Snt and thcte7nss upon Which peace should
be sought. .....
Resolutions the Suspension of the Rabeas Corpus,
introduced By Hon. Linton Stephens
The GeRsrak ASsem6Iy Of the State Of Georgia do
resotce lst That under the Constitution Of the
Confederate States, there is no power to suspend
the privilege of the writ of habeds corpus, but in
manner and to an extent, regulated and limited by
the express, emphatic and unqualified constitution
al prohibitions, that No person shall be deprived
OF life, liberty, or property without due process Of
law" and that The right of the people to be Sc
cure in their persons, houses, papers and effects,
against unreasonable searches, and seizures shall
not be violated, and no warrants shall issue but up
on probable cause, supported by oath or afirma-
tion, and particularly describing the places to be
searched aud the persons or things to be seized"
And this conclusion results from the two following
reasons: First because the power to suspend the
writ is derived not from express delegation, but
only from implication, which must always yield to
express, conflicting and restricting words Second,
because this power being found nowhere in the
Constitution, but in words which are copied from
the original Constitution Of the United States as
adopted in 1857, must yield in all points of conflict
to the subsequent amendments Of 1889, which are
contain the prohibitions above quoted, and were
adopted with the declared purpose OF adding further
declaratOry and restrictive clauses.
I'd That due process of law" for seizing the
persons of the people, as defined by the Consttu..
tion ITSELF is warrant issued upon probable cause,
supported by oath affirmation, and particularly
describing the persons to be seized and the issuing
of such warrants, being the exertion of judicial
power, is, if done by any branch of the government
except the Judiciary, plain violation OF that provi
sion Of the Constitution, which vests the judicial
power in the Courts alone and therefore, all se:z
ures OF the persons of the people, by any officer Of
the Confederate government without warrant, and
all warrants for that purpose from any but judi
cia source are in the judgment Of this General As
sembly unreasonable and unconstitutional.
Sd. That the recent act of Congress to suspend
the privilege Of the writ Of hd6eds corpus in cases
of arrests ordered by the President Secretary Of
War, or General officer commanding the Trans
Mississippi Military Department, is attempt to
sustain the military authority in the exercise of the
constitutional judicial function Of issuing warrants
and 10 give validity to unconstitutional seizures Of
the persons of the people; and as the said act by
its express terms, confines its operation to the up
holding of this csss of unconstitutional seizures,
the whole suspension, attempted to be authorized
by it and the whole act ITSELF in the judgment of
this General Assembly, are unconstitutional
4th. That in the judgment Of this General As
semby, the said &C: is dangerous assault upon
the Constitutional power of the Courts, and upon
the liberty Of the people, and beyond the power Of
any possible necessity to justify it.; and while our
Senator'S and Representatives in Congress earn
esty urged to take the first possible opportunity to
have it repealed We refer the question of its valid
ity to the Courts with the hope that the people and
the military authorities will abide by the decision.
9th. That as Constitutional Liberty is the sole
object which our people and our noble army have,
in our present terrible struggle with the govern
ment Of Mr. Lincoln, so also is faithful adherence
to it, on the part of our own government through
good fortune in arms, and through bad, one of the
great elements of our strength and final success
because the constant contrast Of Constitutional
Government on our part with the usurpat;ons and
tyrannies which characterize the government of
our enemy, under the recurring and ever false
plea of the necessities of war, will have the double
effect of Animating our people with an unconquer-
able zeal, and of inspiring the people of the North
more and more, with a desire and determination to
put end to q contest which is waged by their
Government openly against our liberty, and tru-
ly, but more covertly, against their own.
-t.... ....-.. TH0S. HARDEMAN, .8
..r, Speaker House Representatives.
L. CARRINGToN, - s ..
Clerk House Representatives, r.-
.r....t. ..':r.....- PEPER CONE,
President of Senate, Pro. Tenn.
L. H. KBNAN, ,.s -..a-r ... ..~ :.- ...
Secretary of Senate.
Approved March 10th, 1854.
-" I'D. JOSEPH E BROWN,
.s ..-r '..- Governor.