Year: 1864

We presume the session win be q short one.


The main questions which will most probably
engage the attention of the body will be that Of
finance, ha6eas corpus, and the making adequate
provision for the families of soldiers and of the In
digent who are now in want These are all impor-
tant measures, and we trust they will be so dispo-
sed of as to give satisfaction to the people of the
State. - s<H 'r. 81 81


We publish below, to refresh the minds Of our
readers on the subject the act of the Confederate
Congress suspeuding the privilege of the writ of
habeGs corpus We verify believe, with Mr.. Vice
President Stephens, that this act was unnecessary
that it is unconstitutional and that it was passed
to control certain elections and expected assem-.
blages in North earolina-to put muzzle upon
certain presses and bit in the mouth Of certain
speakers in that State" This being the fact, it is
especially incumbent on our Legislature to protest
against the act and to demand its repeal; and it is
to be regretted that Gov Vance did not at once
convene the Legislature, so that this protest and
demand might have been made at the time the
Georgia Legislature acted on the subject The
protest of this State would have carried with it
much more moral weight if it had been made
promptly and this would have been done but for
the fact that Gov Vance substantially endorsed the
suspension of the writ in his Wkesborough speech,
and bnt for the further fact that he was not dis
posed at that time to trust the peoples representa-
tives. What he will say now remains to be seen.
1t will be seen that the law suspending the writ
provides that persons arrested by the military shall
have speedy trial. 1t makes no difference tho
the law in comforting judicial powers on the Presi-
dent plainly violates the Constitution; it is the lGp
until set aside by competent tribunal or repealed,
and it is the duty of the Commissioner, Mr. Bragg,
to grsat speedy hearing to those who are now
confined under suspension of the writ. viii his
organ, the COlederate-the organ of the "patriots
and property holders" for whom Mr.. Bragg, as he
states in his interesting secret circular, holds the
bag,"-will hat journal inform the public why it
is Mr.. Bragg does not perform his duty?


4 Bill to suspend the privilege of the sOrit of Hu6eas


Corpus certain cases.


Whereas the Constitution of the Confederate
States of America provides in Article l, Section g.
Paragraph g. that the privilege of the writ Of hq6sas
corpus shall not be suspended unless when in case
of rebellion or invasion, the public safety may re-
quire it; and whereas the power Of suSpending the
privilege of said writ as recognized in said Article
l, is vested solely in the Congress, which is the
exclusive judge of the necessity Of such suspension
and whereas, in the opinion of the Congress, the
public safety requires the suspension OF said writ


in the existing of the invasion of these States;
and whereas, the President has asked for the sus-
pension Of the writ of hGbeas corpus and informed
Congress Of conditions of public danger which
render the suspension of the writ measure proper
for the public defence against invasion and insur-
rection now, therefore,


The Congress of The Confederate States of Amer
icG do enact, That during the present invasion of
the Confederate States the privilege of the writ of
hdbeas corpus be- and the same is hereby, suspend
ed but such suspension shall apply only to the
cases of persons arrested or detained by order of
the President Secretary Of War, or the General
Officer commanding the Trans Mississippi Military
Department. by the authority, and under the con-
troll of the President 1t is hereby declared that
the purpose of Congress in the passage of this act
is to provide efectually for the public safety
by suspending the writ of ha6eas corpus IN the fol-
lowing cases and no other:


I. Of treason, or reasonable efforts or combina-
tons to subvert the government of the Confederate
States.


ii. OF conspiracies to overthrow the government,
or conspracies to resist the lawful authority Of the
Confederate States.


I'LL OF combining to assist the enemy, or of COM
municating intelligence to the enemy or giving him
aid and comfort.


w. OF conspiraces, preparations apd attempts to
incite serve insurrection.


v.
harboring deserters and Of attempts avoid mill
tary service Provided That in case of palpable
wrong and oppression by any subordinate officer
upon any party who does not legally owe military
service his superior officer shall grant prompt relief
to the oppressed party, and the subordinate shall
be dismissed from Office.


VI OF spies and other emissares of the enemy.
VII. OF holding correspondence intercoul Sc
with the enemy without necessity, and without the
permission Of the Confederate States.
Will OF unlawful trading with the enemy and
other offences against the laws OF the Confederate
States enacted to promote their success in the war;
TX OF conspiracieS, or attempts to liberate priS-
oners of war held by the Confederate States.
x OF conspiraces, or attempts or preparations
to aid the enemy.
XI. of persons advising or melting others to
| abandon the Confederate cause, or to resist the
Confederate States, or to adhere to the enemy.
XII or unlawfully burning, destroying or inju-
ring or attempting to burn, destroy or injure any
bri Jge or railroad OF teegraphc line of communi.
catIon, or property, with the intent of aiding the
| enemy.


xiii. OF reasonable designs to impair the mill
tary power of the government by destroying, or at
tempting to destroy, the vessels or arms, or NUM-


ntions of war, arsenals, founderies, workshops,
or other property of the Confederate States.
| Sec g. The President shall cause proper officers
to investigate the cases of all persons arrested
detained, in order that they may be discharged If
| improperly detained unless they can be speedily
| tried in due course of law.


Sec 8. That during the suspension aforesaid no
military or other officer shall be compelled, in an


swer to any writ Of habeas corpus to appear in per-


son. or to return the body of any person persons


detained by him. by the authority of the President


Secretary of War, or the general officer command


ing the Trans Mississippi Department; but upon the


certificate, under oath of the officer having charge


of any one so detained that such person is detained


bv him as prisoner for any of the causes hereinbe


fore specified under the authority aforesaid further


proceedings under the writ of habeas corpus shall


Immediately cease and remain suspended SO long


as this act shall continue in force.