Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1864-04-18
Pssfaen Of MIssEsaippt en- the uabsa.
GaTpus 4zesGioa.

PssfsAen Of MIssEasippt en- aae WabaaH
GSTpus 4zesGi0a.
The following resolutions, introduced By Hon.
Fulton Anderson, were unanimously adopted
by both branches Of the Mississippi Legislature,
setting forth the opposition Of that body TO the
suspension of the writ Of habeas corpus
WHEREAS, The writ Of habsas corpus is the
great p~reregaGiRe writ of the American peopla,
distinguishing a free and constitutional govern
mant from an absolute dsspOtisIn; and, whereas,
this great privilege of American cilizens was
inherited by them from theiF ancestors, and was
held and exercised by them before shs establish
unsnt Of any Of the Constitutions of the AmeEi-
can States, after q long and Arduous struggle Of
Eve hundred years. duration against the sdhe-
rents Of arbitrary power and, whereas, it is
declared 10 the Constitution of the Confederate
States, and in that of the State Of Mississiuui.
that the privilege of the writ OF habess corogs
shall not be suspended unless when IN cssss Of re-
belIion or invasion the pzblie szfetymay require
il; and whereas, il is slso declEGc1 IN said Con-
~stitution that "the right Of the peopls to be Sc
cure IN their persons, houses, papers and effects
against unreasonable searches and seizures,
shall not be violated and no warrants shall be
issued but upon probable Gauss, supported BY
osth or Affirmation, mi particularly describing
the place to be searched and the person or
things to be seized, thereby intending to gusE-
antes to tie American citizen the inalienable
right, derived from the common law, aud inhsr-
tied from his English ancestors, to be secure
from arrest, except upon warrant, specifying
the ofense, and on probable cause, supported By
oath OF affirmation and whereas, on the 18th
Of February last, the Congress of the ConEeder-
ate States did pass n ses, that, during the
present invasion Of the ConfedsTste States, the
privilege Of the wit of hAbeSs corpus be, and
the same is hereby, suspended in cases Of per
Sons arrested or detained by order of the Presi-
dent, or Secretary of War, or general CON-
manding the trans-M Mississippi Department, by
ihs authority and under the control Of the Pres.
idens," which suspension extended 70 arrests in
q large lmbe Of cases embraced in said act, In
many Of which no specific crime is named; and
whereas, by one Of the provisions of said act it
is declared "thst the President shall cause
proper officers to investigate the cases Of all
persons 80 arrested or detained, ia order that
they may be discharged if Improperly detained,
unless they caa be speedily tried by shs due
course of law" thus placing it in the power Of
the President Of the Confederate States 70 con-
fer on military tribunals, holding their appoint
mems AZ his win, and responsible only 10 him,
to determine upon the right and liabilities Of the
citizen, instead Of leaving it to independent
judicial tribunals of the country, in which alone
the Constitution and laws have reDosed that
p0EeF-thus evineing q Jealousy Of the evil
power, which, in the opinion of this LsgiElaturs,
Is not justified by the circumstances; and,
whereas, in the opiRion Of this Legislature the
power OF Congress implied rather than graRted
IN the Constitution of the Confederate States,
to suspend the privilege Of the writ Of hAbels
corpus, did not, and was not intended to confer
upon Congress the power to authorizs the arrest
- 8 kfOn of fkA ~ETw -
without probable cause supported By oath or
affirmation upon the mere order OF an executive
or military officer, but was intended only TO Ap-
ply TO cases where the person Of such citizen
was held In custody under 9 legal and coustitu-
tional arrest; therefore,
Be It FssOiUsd By Gs Legislators of Mississigpi,
That the act Of Congress suspending the pTivi-
lege of ths writ of hs5ess corpus is dangerous
to the liberty Of the citizen, unconstitutional ia
some of its features, tends to make the civil
power subordinate to the military, and estsb-
fishes q precedent OF = doubtful and dangerous
character, and should be repealed.
Be Il fETtksr F~esOt5sG, That the Senator'S Of the
State of Mississippi in Congress be instructed,
and the Representatives be requested 10 take the
necessary action to secure The repeal Of said act
at the earliest possible period; and, If the same
is not repealed, the said Senators sre instructed
and Representatives requested to vote Against
the further suspension Of said privilege; and
the governor of the Stats is hereby dirscted TO
transmit a copy OF these resolutions to the Sen
stors and Representatives, in Congress
Be il further TssOtvsd, That in ihe adoption of
these resolutions, is is not the intention of the
Legislature TO imputs to the President of the
Confederate States any desire to ArrOgsts to
himself more power than the Constitution has
conferred, AID that IN the opinion Of the Lsg-
it is the duty Of every patriotic citizen
{ uphold and maintain the said President Of
the Confederate States in the legitimate exsr-
else Of the constitutional powers conferred on
him.