Year: 1864

From tie Chattanooga Gazette.


We present to our readers this morn
ing the message of Governor Brown to
the Georgia Legislature 1t is taken
from the Chattanooga-Atlanta Rebel,
Of the 10Th inst So, it viii be seen,
that we give it to our readers III full on
the morning of the fourth day after its
publication in Atlanta The Governor
handles jeff Davis and his policy with
severity. Governor Brown says;


l cannot withhold the expression Of
the deep modification ] feel at the late
action OF Congress in attempting to
suspend the privilege of the writ OF ha-
beas corpus, and to confer upon the
President powers expressly denied to
him by the Constitution Of the COnted-
crate States, under PreteXt of a neces-
sity which our whole people know does
ret exist in this case Whatever may
have been the motives, our Congress
with the assent, and at the request Of
the Executive, has struck fell blow at
the liberties OF the people of these
States. The Constitution of the Con
federate States declares that the priyi-
lege of the writ of habeas corpus shall
not be suspended, unless when in case
Of rebellion or invasion, the public safe
tv NAV require il. The power to sus-
pend the 6aJcas corpus at all is derived,
not from express and direct delegation,
but from implication only and an i'm
plication can never be raised in Opposi-
ton to an express restriction. In case
of any conflict between the two, an i'm
piled power must always yield to eX-
press restrictions upon its exercise, The
power to suspend tho privilege Of the
writ, derived by implication, must
therefore be always limited by the cX-
press declaration in the Constitution
that


THE right of the people to be secure
in their persons, houses, papers and eff
fects, against unreasonable searches and
seizures, shall not be uioIated, and no war
rant shall issue but upon probable
cause, supported by oath or affirmation,
and particularly describing the place to
be searched and the persons and things
to be seized;' and the further declara-
ton that mo person shall be deprived
OF life, liberty or property without due
process of law" and that


In all criminal trials the prisoner
shall enjoy the right of q speedy and
public trial by an impartial jury of the
State or district where the crime shall
have been committed, which district
shall have been previously ascertained
by law, and to be informed of the ma
ture and cause Of the accusation; to be
confronted with the witnesses against
him; to have compulsory process for
obtaining witnesses in his favor; and TO
have the assistance Of counsel in his
defence


Thus it is an express guaranty OF the
Constitution, that the persons of the
people shall be secure, and that no
warrants shall issue but upon probable
cause, supported by oath or affirmation
particularly describing the persons to
be seized; that no person shall be de
prived Of liberty without due process
of law, and that in all criminal prose
cutions the criminal shall enjoy the
right of a speedy and public trial by an
impartial jury


The Constitution also defines the
powers Of the Executive, which are also
limited 10 those delegated, among
which there Is no one, authorizing him
to issue warrants or order arrests Of
persons not IN actual military service,
or TO sit as q Judge in any case, to try
any person for criminal offence, or to
appoint any court or tribunal 10 do it,
not provided for i'm the Constitution as
a part OF the judiciary. The power to
issue warrants and try persons among
criminal accusations areiudical powers,
which belong under the Constitution,
exclusively to the Judiciary and not TO
the executive. His power TO order ar
rests as Commander-in-chief is strictly a
military power, and IS confined to the
arrest of persons in the army OF navy ot
the Confederate States. or IN the mill
tia, when in the actual service Of the
Confederate States; and does not eX-
tend 10 any persons in civil life, unless
they be followers Of the camp or with
in the lines of the army. This is clear,
even the provisions Of the Constitution
which declares that


NO person shall be held 10 answer for
capital, otherwise infamous crime,
unless on a presentation or indictment
of a grand jury, except in cases arising
in the land or naval forces, or in the
militia when in active service, in time
of war or public danger But even
here, the power OF the President as
Commander-in-C Is not absolute;
as his powers and duties in ordering
arrests of persons in the land or naval
forces. or in the militia when in actual
service, are clearly defined by the rules
and articles of war, prescribed by Con
gress. ANY warrant issued by the Pres
ident, or any arrest made by him, or
under his order, Of any person in civil
life. and not subject to military COM
mand is illegal and in plain violation
of the Constitution; and it IS impossi-
bic for Congress by implication, to con
fer upon the President the right to ex-
ecute process of arrest expressly for
hidden to him by the Constitution. ANY


So ~, the mart of Conuraas N ID