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a r b u c ii
HOV iLEXANIKK n. mnii ss,
DZLIVBftED F.*F"Kfc THK GKOEUIA LEGISLATIftE OX
weds e-may mi.ht. vakcii 16th. 1*464.
[Bip.rUifi* "" AtiJto 'uteUigmur »v A E.
At the hour of ((even ami a half o'clock, f‘,
M., the hall bad been filled to it** utmost capa< i y
by members of the Legislature and citizen
ger.erally, and as. the vast assemblage within
saw the beloved for in of Ge rgia s proud ami
noble son, every eye grew bright with joy, and
a hearty and unanimous applause bid him w c
come. j
Mr. Htephen- ascended the Speakers stare
and spoke a- follows :
(lenilrmni of the Senate
* House oj HepresentaV
a r-r'rt’“S 35ft "4*.";?"
r di'.l 'r appear I.tfore you to-night to speas of
'•f 1 ' ,; ' JJ ,“uic affairs. Never, perhaps, be
( rr have 1 risen to address a public audience
under circum-tancee of ... much responsibility,
-md never did I feel more deeply impressed with
t 1,,. weight of it. Questions of the most mo
m'eotons'nnportance are pressing upon you for
consideration ami action. Upon these I am to
address you. Would that my ability,physically,
•md in all other respects, weie commensurate
Tvitli the magnitude of the occasion. We are in
tie midst of dangers and penis. Dangers with
out and dangers within. acyl la on the one side
and Charybdis on the other. War is being
‘ waged against us by a strong, unscrupulous and
vindictive foe , a war for our subjugation, degra
dation and extermination. From this quarter
threaten the perils without. Thine within are
from questions of policy as to the best means,
the wisest and safest, to repel the enemy, achieve
our independence, to maintain and keep secure
our rights and liberties. Upon the decision ot
these questions, looking to the proper develop
ment of our limited resources, wisely and patri
otically, so that their entire efficiency may be
exerted in our deliverance, with at the same
time a watchful vigilance to the safety of tho
citadel itself, as much depends upon the skill of
our commanders and the valor.of our citizen sol
diers in the field. Everything dear to us in
freemen is at stake*. An error in judgment,
though springing from the most patriotic mo
tires, whether in councils of. war or councils of
state may la- fatal. He, therefore, who ri-e
--under such circumstance t to offer words of ad
vice, not only assumes a position of great re*
ponsibility, but stands on dangerous ground.
Impressed profoundly with such feelings and
convictions, I should shrink from the undertaking
you have called me to, but for the strong con
■piousness that where duty leads no one should
over fear to tread. Great as arc the dangers
that threaten us, perilous as is our situation—
and 1 do not intend to overstate or understate,
neither to awaken undue apprehension, or to
excite hopes und expectations never to be real
ized—nerilous, therefore, as our situation is, it
is i,*r, far from being desperate or hopeless, and
1 fee! no hesitation in saying to yon, in all frank
ness ana candor, that if we are true to ourselvrs
and true to pur cause, all will yet he well.
In the progress of the war thus far, it is true
there is much to be seen of suflering.of sacrifice
and of desolation ; much to sicken the heart and
cause a blush for civilization and Christianity.
Cities have been taken, towns U&ve been sacked,
vast amounts of property have been burned,
fields have been laid waste, records hitve been de
stroyed, churches have been desecrated, women
and children have been driven from their homes,
unarmed men have been put to death, States
have been overrun und whole populations made
to groan under the lu-ol of despotism ; all those
tilings are seen and fi-lt. but in them nothing is
to be seen to cause dismay, much less despair;
these deeds of ruin and savage barbarity have
been perpetrated only on the outer borders, on the
coast, and on the line of the rivers, where by the
u f,i of their ships of war and- unboats the enemy
inis h-.'l the advantage; the great breadth of the
interior the heart of our country—has never
—,*'l , ~-ohed by them; they have ns yet,
after a struggle <*' -'e- three years, With un
limit no,.ns, 'it - cnst I 10 * leM , than , '’ U '
tnousand millions ot <f..nk**-» <h**w much more is
unknown) and hundreds ot thousands of
been able olily to break the outer she., oi the
Confederacy. The only signal advantages they
have as yet gained luive beeu oil the water, or I
where their land and naval forces were combined,
ij’hat they should have gained advantages under
such circumstances, is not a matter of much sur
prise- Nations in war, like individual men or ani
mals, show their real power in combat when
they stand upon the advantages that nature has
riven them, sn.'d fight on their own ground and
in their own elements. The lion, though king of
the forest, cannot contend successfully with the
■hark ill t-lie water. In no conflict of arms away
from gunboats, during the whole war, since the
first battle of Manassas to that of Ocean Pond,
have our gallant soldiers failed of victory when
the numbers on each side were at all equai. Ihe
farthest advance into the interior from the base
and protection of their gunboats; either on the
roasi or tho rivers, that the enemy has been able
t,, make for three years was the late movement
from Vicksburg to Meridian, and the speedy turn
of that movement shows nothing more clearly
than the difficulties and disadvantages attending
all such; these things should be noted and mark
ed in considering our present situation and the
prospects of the future. In all our lossft up to
this time, no vital blots has ever been given either
to our cause or our energies. We still Jioid Uich
ruond, after repeated efforts so take it, both by
force and strategy. Wo still hold on the Gulf
Mobile, and on tho ocean front, Wilmington, >'a
vnnnah and Charleston. These places have been,
and are still held against the most formidable
naval armament ever ]*it afloat.
Jkt Charleston the enemy seem to direct all
their power, land and naval, that can be brought
to bear in combination —all their energy, rancor
and vengeance. “ Carthago detenda ext" is their
vow as to this devoted city. Every means that
money can command and ingenuity suggest, from
the hugest engines of war never before known,
to ike fiendish resort of Greek lire, have been
and are being applied for its destruction. For
nearly nine months the city, under tlte skill of
our consummate commander, his subordinates,
and the heroic virtues of our matchless braves
in the ranks, still holds out against all the dis
advantages of a defence without suitable naval
aid. That she may continue to hold out. and
her soil never l>e polluted by the unhallowed
footprints of her vandal besiegers, is, of course,
the earnest wish of all. But even if so great a
disaster should happen to us as the loss of
Charleston, be not dismayed, indulge nasenti
ment akin to that of despair—Charleston is not
a vital part We may lose that place. Savan
nah, Mobile, Wilmington, and even Richmond,
the seat of government, and still survive. We
may lose all our strong places—the enemy may
traverse our great interior us they have lately
doue in Mississippi, and we may still survive.
We should, even under such calamities, tie no
worse off iluin our aiuWors were in their strug
gle for independence. During the time that
•‘tried men's souls” with them, every city on
tho coast, from Boston to Savannah, was taken
by the enemy. Philadelphia was taken, and
Conn) ( ' ss driven away. South Carolina, North
Carolina nortions of Georgia, V irginia. and other
States were overrun ami occupied by the enemy
as completely ue Kentucky, Missouri, Louisiana
and Tennessee are l.;'"'- " ok-' courage H orn the
example of your ancestors disasters caused
w .tli them nothing like distifiy or despair they
only aroused a spirit ot renew On 1 etiergyaiul tor
titude. The principles they fought" tor. suffered
and endured so much for, are the same tor which
we are now struggling. State rights. State sov
ereignty. the great principle set forth in the
Declaration of Independence—the right of every
State to govern itself as it pleases. With the
same wisdom, prudence, forecast and j*; riot ism ;
the same or equal statesmanship on the part of
our rulers in directing and weililing our re
sources, our material of war, that controlled
public affairs at that time iu the camp and in
the Cabinet, and with the same spirit animating
the breast of the people, devotion to liberty and
right, hatred of tyranny and oppression, affec
tion for the cause for the cause's sake; with the
same sentiments and feelings ou the part of
rulers and peopile in these days as were in those,
we might aud may be overrun as they were;
our interior may be penetrated by superior hos
tile armies, aud our country laid waste as theirs
was, but we can never be conquered, as they
never could l>e. The issues of war depend quite
ns much upon statesmanship as generalship;
quite as much upon-what is done at the council
board as ujHMi what is doue iu the field.
Much the greater part of all wars, is business
—plain practical every-day life business; there
Is in it no art or mystery or special knowledge,
except good, strong, common sense—this relates
to the finances, quartermaster's and commis
sary's departments, the ways and means proper
;u a word to the resources of a country and its
nacities for war. The mtmlier of men that
can m* spared from production, without weaken
*7,o. the aggregate strength—the prospect of sup
vhes rubsi9.' ence > arms and munitions of all
feiuds it is a* necessary that men should be
vr mod, clothed, shod and fed, as that they should
; . pvt ie the field—subsistence is its essential as
vicu. Ai meswib we hay 6 effhswtyice sufficieut ;
for the year, if it is taken care of aud managed
with economy. U|>on a moderate intimate, one
wit bin reasonable bounds tin tithes of wheat
and corn for last v«ar v-ere not. 1 <.*•*% in 1 ' *
*
horses for I wv-te n. -.no , aiL wc j i;tvc
able margin far wa.- eor - ■ v ,,-uA.
withm 1 ibuving i Or.m^mga^ couD^ftb{;
wanfof Iran i-ort.ii ion f ‘?’" c-oulVVo’fed"m
fiom railroa-b. * , K , r k t ;in d thus lessen
.tnimals, | ’*' ,nIM , «• { , be Jjouziit.
the amount ot thc-e tjtiiC of Uiuat for'the
the army for at least six
mon 4s— fcndering the l‘)Sf tho'vem—the
:!:i;rmt l
j„ ample to meet the deficiency. All tba. is
wanting is men oK business capacity, honesty,
integrity, economy and industry in the manage
merit and «• -ntrol of that department. There
need la; no fear of the want of subsistence this
year, if our officials do their duty*. But how it
will be next year, if the policy adopted by Con
gress, at its late session, is carried out, no one
can safely venture ft- say.
This brings rnc to the main objects of this ad
dress, a review of those acts ot Congress to
which your attention has been i ailed by the
Governor, and on which your action is invoked—
these are, tho currency, the military, arid the
hubeax coTj'UX suspension acts. It i- the Isihutv
of aur system of government, that all in author
ity are" responsible to the pebple. It is, too,
always more agreeable to approve than to dis
approve what our agents have done. But in
grave and important matter--, however disagree
able or even painful it may Is- to express disap
proval, yet sometimes the highest duty requires
it. No exceptions should be taken to this when
it is done in a proper spirit, and w ith a view
solely for the public welfare. In free govern
ments men will differ a- to the be-t means of
promoting the ptiLliegn-d. Horn t differences
of opinion should never beget ill feelings or per-,
sonal alienations. The expre- -ions ot difference*
of opinion do no harm when truth alone is the
object on both tele-. Our opinions in all such
discussions of public affairs should be given as
from friends to friends, as from brothers to
brothers, in a eominini cause.. \\ e are all
launched upon the same boat, and must ride
the storm or go down together. Disagreements
-hould’never arise, except from one cause—a dil
ference in judgment as to the best means to be
adopted, or course to be pursued, for the com
mon safety. This is the spirit by which 1 arn
actuated in the comment- 1 ball make upon
these acts of Congress. -
As to the first t woof these mea- ures, the tax
act and funding act, known together as the finan
cial and currency measures, 1 simply say*, in my
judgment, they are neither proper, wise, nor
just. Whether in the midst of conflicting views
in such diversity of opinion and interests, nay
thing better could not lie. obtained, 1 know not
—perhaps net. With that view* we may he re
conciled to what we do not. approve. It is use
less now to go into discussions of how better
measures might have been obtained, or bow bad
ones might have hcen avoided-—the whole is a
striking illustration, of the evils attending first
departures from principle—the “ facilus de
scendus Averno.” Error is ever tile prolific
source of error. Qur pie-ent financial embar
rassments bad their origin in a blunder ut the
beginning, but we must deal with the present
not the past. These two acts make it necessary,
for you to change y our legislation to save the
State from loss. As to the course you should
adopt to do this, I know of none better than
that adopted by the Governor. His views and
suggestions point seem to be proper and
judicious.
'flic military act by which conscription is ex
tended as to enibisu-r all between the ages ot
seventeen and fifty, and by which the Btate is to
he deprived of so much of its labor und stripped
of the must efficient portion of her enrolled mi
lit in, presents a much graver question. 'This
whole system of conscription I have looked upon
from the beginning as wrong, in principle and
policy Contrary opinions, however, prevailed.
But whatever differences of opinion may have
been entertained as to tho constitutionality of
the previous conscription acts, it seems clear to
my mind that but little difference can exist as
to itm luio.iiiaiiturfonufity of this late act. The
act provides for .the organizing of tniops >.f , ai
anomalous character—partly as militia, and
partly .V s a portion ot the regular armies. But,
in fact, they m't* to be organized neither as mili
tia nor part of the regldar army. We have but
two kind ot forces, the regalin' niruy and the
militia—tins is neither. The men are to be
raised a-i >t. -eripts for the reguh-.s forces, while
their officers are to be appointed, as if they
were, militia. If they were intended as militia,
they should have been called out, through ilie
Governor, in their present organizations; if as
regular forces, they cannot lie- officered ;fs the
act provides. It is most clearly unconstitutional.
Who is to commission these offices? The Gov
ernor cannot, tor they are taken from under his
control; the President cannot constitutionally do
it, for lie can commission none except by and
with the advice and consent ot the feeuato. it
is for you to say whether you will turn over these
forces, and allow them to he conscripted, as is
provided, leaving the question of constitution
ality for the courts; or whether you will (mid
them in view of agricultural and oilier interests,
or for the execution of your laws, and to be
called out for the public defense in ease ot emer
gency bv the Governor when he sees the neces
sity,'or when they are called for as militia by Jie
President. The net upon iis face, in :ts previ
sions for details, seems to indicate that its object
is to put the whole of them in the field. Noth
iic* could he nmre ruinous to our cause if Such
wen- the o'dect anil intention and should it ever
be carried iiito effect For if all the white labor
of the country, from seventeen to fifty—except
the few exemptions stated—be called out and
kept constantly in tin* field, we must fail, sooner
or later, for want of subsistence and other essen
tial supplies.
To wage war successfully, men at home are as,
necessary as men in the field. Those in the field
must be provided for, and their families at home
must be provided for. hi my judgment, no peo
ple can successfully carry on a long war, with
more than a third ot' its anus-hearing population
kept constantly in the field, especially if, cut off
by blockade, they are thrown upon their own in
ternal resources for all necessary supplies, sub
sistence and munitions of war. This is a ques
tion of arithmetic on well settled principles of
political economy. But can we succeed against
the hosts of. the enemy unless all able to bear
arms up to fifty years of age are called to and
kept in the field i Vos. a thousand'times, I an
swer, with proper anil skillful management. If we
cannot without such a call, we cannot with it, it
the war last long. The success of Greece against
the invasion by Persia—the success of the Neth
erlands against Philip—the success of Frederick
against tho allied powers of Europe—thg suc
cess m the colonies against Great Britain—all
show that it can be done, if our only hope was
in matching the enemy with equal numbers, then
om c.txr-e would _be desperate indeed. Superior
numbers ~ of U„> aJiunU'c. ~f the
enemy. We must avail ourselves „f ll( j van
tages. M e should not rely for success bv t.hiv
"f wto his A ‘> invaded people have many
advantages that may be resorted to to counter
balance superiority of numbers. These should
be studied, sought and brought into active co
operation. To secure success, brains mast do
something as well as muskets.
Os nil the dangers that threaten our ultimate
success, I consider uone more imminent than the
policy embodied in this act, if tbc object reallv
00, a- its'broad terms declAre, to j>ut and keep iu
active service all between the ages of seventeen
and fifty, except the exempts named. On that
line we w ill most assuredly, sooner or later, do
what the enemy never could do, conquer our
selves. And if such be not the object of the act—
if it is only intended to conscript men not intend
ed for service, not with a view to rill tiie army,
but for the officials, to take charge of (liegeneral
labor of the country and tin various necessary
avocations and pursuits of life, then tin* act is not
only wrong in principle, but exceedingly danger
ous in its tendency.
I come now. to the last of thesa acts of Con
gress. The suspension of the .writ of habeas
corpus in certain coses. This is the most exciting
as it is by far the most important question be
fore you- Upou this depends the question,
whether the courts shall be permitted to decide
upon the constitutionality of the late conscript
act, should vou submit that question to their j
decision, aud upon it also depends other great
essential tights enjoyed by us us freemen. This
act, upon its face, confers upon the President, the
Secretary of War, and the General commanding
in the trans-Mississippi department (the two
latter acting under the control ami au hor ty of
the President), the power to‘arrest and imprison
any person who may be simply charged with
certain nets, not all of them tveu crimes under
any law; and this *- to be done v about anv oath
or affirmation alleging probable cau-e as to the
guilt of the party. This is attempted to !*e done
under that clause of the Const:;, which au
thorizes Congress to suspend the privilege of the
writ of habeas corpus, in certain eases.
In my judgment this ace is not only unwise
impolitic and unconstitutional, but exceedingly
dangerous to public liberty. Its imeonsuiution
aliiy uoc • not rest upou the idea that Congress
. .... ,i .7 power to suspend the privilege
A'-.,' | . nor tenon the ide* that the powwto ,
ff£X“pKre£iami directly delegated, j
t do not understand the Executive ot tins
sm. to put hb argument against this act upon
J,,, 1 -uch grounds. He simply state* a tact a*,
o ' t clear! vi* that the power to suspend at
imphcd power. There is no positive,
direct I lower delegated to do it The [tr.ver.
l owevcr, is clear, aud clear only by.implica
tion The language of the Constitution, that
■ the privilege of the writ of habeas corpus
shall not be suspended unless, when in cases of
rebellion or invasion, the public safety may
require it.’’ clearly expresses the intention that
the power may be exercised in the cases stated;
but it does so by implication only, just as if a
mother should say to her daughter, you shall
not go unless you ride.
Here the permission and authority to go is
clearly [given, though by inference and im
plication only. It is not positively and di
rectly given. This, and this only, I under
stand the governor to mean when he speaks of
the power being an implied one. lie raises no
que.-tious as to the existence of the power, or
its validity when rightfully exercised, but he
maintains, as 1 do, that Us exercise must be
controlled by all other restrictions iu the Con
stitution bearing upon its exercise. Two of
these are to be found in the words auiompatiy
iug the delegation. It can never be exercised
except in rebellion or invasion.
Other restrictions are to be found in other
parts of the Constitution. In the amendments
to the Constitution adopted after the ratifica
tion of the words as above quoted. These
amendments were made, as is expressly de
dared in the preamble to them, to add "further
declaratory and restrictive clauses," to prevent
misconstruction or abuse of the powers pre
viously delegated. To understand all the re
strictions. therefore, throw n around the exercise
of this power in the Constitution, these addi
tional "restrictive clauses" must be read in
conjunction with the original grant whether
that was made positively and directly, or by
impliistlion only.
These instructions, among other things de
clare, that "no person shall be deprived of life,
liiierty or property without due process of! law,"
and that "the ritrht of the people to be secure
in their persons, houses, papers .and effects,
against unreasonable searches and seizures
shall not be violated, and-no warrants shall
issue hut upon probable cause, supported by
oath or affirmation, and particularly describ
ing the place to be searched, the person or
thing to be seized.”
' All admit ti nt under the clause as it stands
in the original grant, with the restrictions there
set forth, the power can be rightfully e#ercis<*d
only in cases of rebellion or invasion. With
these additoual clauses, put in as further re
strictions to prevent the abuse of pre
viously delegated, bow is this clause, confer
ring the power to suspend the privilege of the
writ of habeas corpus now to be read ? In this
way, and in this way only:
"The privilege of the writ of habeas corpus
shall not be suspended, unless when in cases of
rebellion or invasion the public safety may re
quire it.” And no person, “shall be deprived
of life, liberty, or property, without due pro
cess of law.” And further, “The right of the
people to he secure in their persona, houses,
papers ahd effects against unreasonable searches
and seizures, shall not be violated, and no
warrants shall issue but upon probable cause,
supported by oath or affirmation, and ]iarticu
larly describing the place to be searched, and
the pet sons or things to be seized.”
. The attempted exercise of the power to sus
pend the privilege of the writ of habeas corpitß
in this act is iu utter disregard, in the very
face and teeth of these restrictions, as much so
as a like attempt itt time of profound peace
would be in disregard of the restrictions to
cases of rebellion and invasion, as the consti
tution was originally adopted. It attempts to
provide for depriving persons of ‘‘liberty with
out due process of law.” It attempts to annul
and set at naught the great constitutional
“right’’ of the people to be secure in their per
sons against “ unreasonable seizures.”
It attempts to destroy and annihiliate the bul
wark of personal liberty, secured in our great
chart to.the humblest us well us the highest,
that “no warrants shall issue but upon proba
ble cause, supported by oalh or affirmation,'’
and * particularly describing the person to be
seized. ” Nay, more, it attempts to change and
transform the distribution of powers in our
system of government.
it attempts to deprive* the judiciary depart
ment of its appropriate and legitimate func
tions, and to confer them upon the President,
the Secretary of War, and the general com
manding the traits-Mississippi Department, or
rather to confer them entirely upon the Presi
dent for those subordinates named in the act
hold their places at bis will, and in arrests un
der this act are to be governed by his orders.
This, by the Constitution, never can be done.
Ours is not only a government of limited pow
ers, but each department, legislative, executive,
judicial, are separate aud distinct. The issu
ing of warrants, which are nothing but orders
for arrecte against civilians or persons iu civil
life, is a judicial fuiieiion.
The President qiidpr the Constitution, has no
power to issue any such. A a comtpandcr-iu
chief of the land and naval forces, and of the
militia, when in actual service, lie may order
arrests for trials before courts marital, accord
ing to the rules and articles of war. But he is
clothed with no tmeb power over those in
the military servi -e, and not subject to the
rules pud articles of war. This act attempts
to clothe him with judisial functions, and, in ft
judical character, tg Jo wliatj no jndge under
the Constitution can do—-issue orders or war
rants for arrest, by v hi. k pet sous are to be de
prived^!'their liberty, imprisoned, immured
in dungeons, it may be without any oath or
affirmation, even as to the probable guilt of
the party accused or charged with any of the
offenses or acts stated.
This under the Constitution, In my judgment,
cannot bo done. Congress can confer no such
power upon our Chief Magistrate. There is
110 such thing kbowit in this country as politi
cal wan ants or “letters deeatehet.” This actat
tempts lo institute this new order of tilings so
odious to our ancestors, and so inconsistent
witjt constitutional liberty.
This act, therefore, is unconstitutional, not
because Congress has no power to suspend the
privilege of tire writ of habeas corpus, but be
cause they have no power to do the thing aim
ed at in this attempted exercise of it. Con
gress can suspend the privilege of the writ—the
power is clear and unquestioned—neither ia trie
power, as it stands, objectionable. Georgia,
ia the Convention, voted against the clause
conferring it in the Constitution as originally
adopted—that, perhaps, was a' wise and pru
dent vote. But. with the restrictions subse
quently adopted, there can be no well ground
ed objection to it. It is, under existing restric
tions. a wise power. In time of war, in cases
of rebellion or invasion, it may often lie neces
sary to exercisn it—the public safety may re
quire it. I atn not prepared to say that the pub
lic safety may not require it now lam not
informed of the reasons which induced the
President to ask the suspension of the privi
lege ot the writ at this time, or Congress to un
dertake its suspension as provided in this act.
I. however, know of no reasons that require ii,
and have hoard of none. But in the exercise
of an undisputed power, they have attempted
to do just what cannot be done—to authorize
illegal and unconstitutional arrests—there can
be tin suspension allowing, or with a view to
permit and authorize, the seizure of persons
without warrant issued by a judicial officer up
on probable cause, supported by oath or affir
mation—the whole Constitution must be read
together, and so read and construed as that ev
ery part and clause shall stand and have its
proper effect under the restrictions of other
clause.
li any coyflk-t arises between clauses in the
o.iginal and the, amendments subsequently
made, the original must yield to the amend
ments. Asa will previously made alwavsyields
to the modifications of a codicil. Such of
course, was the condition of the old Constitu
tion with its amendments, when the States of
this Confederacy adopted it--aud it was ador.t -
od by these States with the meaning, force and
effect it then had. In construing, therefore,
those parts of the old Constitution which we
adopted, we stand just where we should have
stood under like ein umsthnees. under it. With
these views it will clearly appear that under
our Constitution, courts cannot be deprivedof
their right or be relieved of their duty to n
quire into the legality of all arrests except in
cases arising in the land and naval forces or.in
the militia, when in actual service—for the
government of which a different provision is
made in the Constitution. Under a constitu
tional suspension of the privilege of the writ
all the courts could do, would be to see that
the party was legally .arrested and held—upoa
proper warrant—upon probable cause, suppor
ted by oath or affirmation seeing forth a crime
of some violation of law. Literally and truly
then the only effect of a Constitutional exer
cise of this power over the writ of habeas cor
pus by Congress, is to deprive a person after
i". ing legally confined, of the privilege of a dis
charge before trial, by giving bail, or on ac
count of insufficiency of proof as to probable
cause, or other like grounds.
The privih-gt*only can be suspeceded. and
'not the writ itself. The words of the Consti
tution are aptly chosen to express the purpose
and extent to which a suspension can go in
this country. With this Tiew, the power Is a
wise pnei jt van work uo serious injury to
the citizen, and it u-ntl? goarm* the pjib- |
lie safety. The p-;riy agiunst whom a grave j
accusation is br -uteri, fupj- rlcd by oath or*j
affirmation, founded tipou- probable cause, j
inuiff be held ter trial, vial it foami tq be gull- j
ty is to be punished according to the nature of [
his offense. The monstrous consequences of!
auv other view of abe subject are apparent. ;
The exercise of the power by Congress may be |
either general or limited to Special cases, as j
in this instance. If it had been general tin i
der any other view, what would have been the-:
condition of every citizen in the land .' The
weaker would have been completely in the
power of the stronger w ithout power or re
dress. Any one in the community might seize,
for any motive or any purpose, any other, and
coufine him nio.-t wrongfujly.and shametußy.
ConibinatioDs of several against a {gw might
be formed for alike purpose, and there would
be no remedy or redress against this species of
licensed lawlessness. The courts would be
closed—all personal security and personal safe
ty would be swept away, insteadt) 4 ' a land of
laws, the whole country would be no belter
tlian a Whitefiiars domain- a perfect. Alsatia.
This would be the iuevit ibie effect of the 'ex
ercise of the power, by general suspension,
with any other view of the subject, than this
presented. The same effects a; to outrages
upon personal rights must issue auder a lim
ited suspension confined to any specified eases
under any othtr view. No such huge and
enormous wrongs o.ui ever spring from the
Constitution if it be rightly administered. So
that the conclusion of the v.-bole mailer is
well stated by the governor in his late message,
in the brief, comprehensive, bit' exact terms —
“The only suspension o! the privilege of the
writ of habeas corpus known t.» cur i nst'itu
tion and compatible with the provisions al
ready quoted, goes to the simple extent of
preventing the release, under it, of persons
whose arrests have been ordered under con
stitutional warrants from judicial authority."
On this subject much light is to be derived
from English h'story. Our whole system of
constitutional liberty rests upon principles es
tablished by our Anglo-Saxon ance--tors. But
between their system and ours, there are sev
eral differences that should be noted und
marked—and none more striking and funda
mental than the difference between the two
upon this subject. With them the right of
personal security against illegal arrests, was
wrested from the Grown by the Parliament,
and established by mag.na ebartu, tin* bill of
rights, the abolition of the star chamber.and
the grant of the writ of hab as corpus, which
Is the means of redress against- violations of
iaw, and other wrongs against rights secured
and acknowledged. •
In the abolition of the empt of star dham*
ber, the power was taken from the King, li’/.
heirs and successors forev i\ and e\ -n y mem
ber of her privy council, to tu.ikoany arrest of
any person for anyoffense or alleged crime, ex
cept by due proee of law. By this act, the pow
er of the King to is ae wai rants or orders of ar
rest, unsupported.!);,* oath or affirmation, setting
forth probable cause, which before, 1,;.d been
claimed as a royJU prerogative, was ial:«a awa
front him and his sutec -.»<>rs forever. Therulin
monarch, tjjiarles I, gave his consent to the
act and yielded the power. He afterwards
broke the pledge. Civil commotions ensued
from this and other causes. He lost his head
upon the block. The subsequent history of
that strife between the people nnd the Crown
of England, on this and otl ey matters is not
now pertinent to the object before inf Suffice
it to say that it ended in the settlement us it is
termed between the Parliament aud their new
sovereigns. William and Mary—in liiStk-ftp.
In Ibis settlement, ail the ancient rights and
liberties of the English people, including the
right of the writ of habeas corpus, w< re reaf
firmed aud secured. Bitch were the liberties,
inherited as a birth right, that our British an
cestors brought with them to this continent.
The principles established in England, after
•nturies of struggle and blood, formed the ba
sis upon which the great structure of American
constitutional liberty was elected. But the
striking difference betweAi their system and
ours to which 1 have alluded and -which should
never be lost sight of, is that with them, all
power originally belonged to the Crown. All
rights and liberties were grants fro;n the Crowd
to the Parliament, and through them to the
people, while with us all power originally boj
longed to the people—and pssenti illy, still ro
sides with them. They have appointed agent*
to perform the functions of Government in tfie
different departments, e.vcciriiva.jinfici.d and
legislative, under the form or, ’Giwvrriineijpi-tet
forth in tht* Constitution,clothed with thy* ex-,
ercise of certain delegated, -lueig; and limited,
powers.. In England it is compete));, for the
Parliament at any time to re-iirru the Grown.ail
the powers heretofore extort*.-el ..Igom Un-iv
kings. They arc not restrained asour I • -ngfess
is, by a wapt-*f power to do soon their pars.
They can repeal any day magua chuita, ihe
habeas corpus act and the v, hole bill of rights'
and render Ihe ruling monarch as absolute its
either of the Tudors or Stuarts ever claimed or
wished to be. The principles of magna ok-iiTa
as to personal liberty and the right of the writ
of habeas corpus to secure those l ights are put
in our fundamental laws, and cannot he vio
lated by Congress, for ibeir powers a.e limited
and they are themselves bound by the Consti
tution. -That the British people would ever
submit to 11 surrender of their rights by Parlia
ment, no one can for a moment believe.
But Parliament claims to be omnipotent and
could make the surrender if they chose to run
the risk. Hence analogies, between this coup
try and that on the suspension of the writ of
habeas corpus and the effect, of such suspen
sion, either generally or specially, should be
closely scanned; even iu England, go great is
the regard for liberty, suspensions have been
tare since the settlement-of I (188 ’B9. The w rit
was suspended there in 1715—a-d in 171,3—■
1788 it was suspended ia Ireland with the pow
er confeired on the lord lieutenant lo make
arrests. Under the system of government in
England, the Parliament could coijfet this
power upon the Crown or the lord lieuteuim’t,
or upou any other person they saw fit, Not go
with our Congress, under our Constitution. In
criticisms upon ihe governor's message, these
suspensions have been alluded to against the
positions of the message. They are not in
conflict at- all. What (he governor states is
that b.> is not aware of any “Instance in which
the British King has ordered the arrest of any
pemon in civil life in any other manner than by
judicial warrant i.-sued by.the established qouits
of the nation, or in which he lias suspended or
attempted to suspend the priviliege of tho writ
of habeas corpus, since the bill of righ-’s and
the act of settlement passed in lii.-lO.” He
did cct say that Parliament had not suspended
‘it, or thatfour Congress pould, not surp.-nd it,
in a proper way, bnt that even in England,
where Parliament was unrestrained, they had
not, since the solUciseut ctmfcrrc 1 upon the
Crown, the power to make arrests, so far as he
war, aware.
At this point I will briefly -refer to the .sus -
pension by our Congress, alluded m the oilier
night by the distinguished gentlem-Ti. (item.
A. H. Keenan, who lately represented this dis
trict ; a gentleman whose remarks 1 listened to
with a great deal of interest, and who c per
sonal friendship I egteera so highly He re
ferred to tbc act of the Confederate Congrc*: *,
passed October 13, ISB2, and pake.- Winy
were there no objections made U* ii.at V Tiffs act
he tend. I have it before mo. It provide-?;
that the “Fr'fri b'nf. -dtuiiig tee -HLffa.:
sion, shall have tbc power t,i suspend the
privileges ol the writ of habeas corpus in any
city, town, or military district, whenever, in
his judgment, tlm public safety may require it;
but such suspen.-ion sh-C! apply only to arrests
made by the nnthoritk-* of the Uonfeder .to
Government, or for oifens.-a against tin: .-.u.ie,”
and in section 2d, that “the'Pit-blent shall
cause proper officers to inve-tigatc the oases of
all persons so arrested, iu order that they may
be discharged if improperly detained 1 , unless
they can be speedily tried'in flue course of
law.” The fid section, limits the act to thirty
days after tbc meeting of the next Cum*-ess.
The answer to the inquiry, why there was no
noise made about this act, white; there is -.-a
much made about the one laidv p->s-e.-| »Vo-
fold. In the first place, this act amdied -*oiil v
to arrests made by the authorities |,f the Cun
federaje Government”—“for o nw...
the same.' ’ 'i he proper aufhoriliw for lining
warrants to arrest are the .v ,■. • T , r
is to issue warrants for arrests' va
lences or crimes a,e .-barge 1 upon on” h or
Urination stating probableo;.. >.p.
directing the President to cause •■•irX vtow
to investigate the easfs,” e r,. ; •;
ate connection with the Mfih’ni; l “ l ® 0il1 '
thing in it calculated to £ ““
cite objection, for bv “p N . D o r ~m . ,'‘ e ~
turaily supposed judicial oL'>n nnlr ' ,
meant-judges who wo»W« <
charging under writs of ! *1 j
privilege had not been
asetjori. these words seemed n ' COS \' |
to have a meaning far d:ament' from' '
nave when taken from their C ontoU , T I
mio this late act. in v. inch it i s £„ ” I
they are there intended to a * , 1
judicial officers, iherevr- \ie- !' ! '.'‘ w ' r tu IU
objection, as far as 1 am mrare i-f" t any
pension of the privilege of the 'writ of
oorpussn any city, town or ,V ,* “ e ’
ally throughout the country, Conffi-ev
has good reasons to believe the urn't;"’ . i
requires it. and if the power to ’. Ve-dV'V' ‘’
stitutionally exercised. The o' i »T „
late act is, that it attempts to do what cannot I
xuietitutiouahy bs done.
But in the second place, f n answer u tlja ia . j
1U1,7il Ul, 7i *-7 uo noise was wide about the act of
j ,h i"’ 3 ' r - LSo.k I need only say. that upon-ttie
I bare st-teenient of. the real and substantial ob
’j e tion' to tk*f[ act. it was admitted to be un
ou. ‘inriioual aud void, because it attempted
to confer the power to suspend upon the Presi
; dent, when, iu his judgment, the public safety
required it, in localities embraced in its
term*. Congress alone, under the Constitution,
j has the power to suspend the privileges of the
i writ. They cannot confer this (tower upon the
President’or auybody else. This is conclusive
ly admitted, both by* Congress and the Presi
dent in the late act, for it is set forth in the
preamble, -Whereas, the power of suspending
the privilege of said writ is vested solely iu
the Congress,” etc. This is an admission on
the record that the other act was unconstitu
tional and void. Bnt, to my miail, it is-just
as clear that Congress cannot confer upon the
President, or any other officer, but a judicial
one. the power to issue ordets or warrants for
the arrest of persons in civil life, as it was
then, and ou the passage of a similar act pre
viously. that they could not confer the power
upon the President to suspend the privilege of
the writ of habeas corpus.
The late act is jult as void as the previous
ones, and for a like reason. In it Congress lias
attempted to do what they had not power to do.
'1 he first act on the subject was assented to ou
the 27th February, 1862. That attempted to con
fer on the President the power not only to sus
pend the privilege of the writ of habeas corpus
in certain cities, towns, military districts, ete.,
but to declare martial law, etc. This soou after
was amended. But-no one can say that during
the progress of these events that 1 was silent.
M v sentiments upon thesut jectof martial law,
against the unconstitutioftal usurpations of
yoyerj were proclaimed throughout the Confed
eiaey, as they are now, and will be proclaimed
agsv-ust the dangerous departures from princi
ple ia jhts act. Martial law has been abandon
ed. aud l trust the departures from principle
iu this act will be too. I speak ,upon these as
1 wrote upon those. I have no inclination to
arraign the motives of thoso who disagree with
me. Great principles are at stake, and 1 feet
impelled by a high senso of duty, when my
opinions are sought, to give them fully, clearly,
aud earnestly*. «
A lew more thoughts upon the subject in
another view. These relate to the object and
winkings of the act, if it be sustained mid car
ried out. You have been told that it affects
none but the disloyal, nono but traitors, or
those who are no better than traitors, spies,
bridge'burners and the like, and you have been
iiopoaieu iu aim asaeii n such are enituea to
your sympathies r I affirm, and shall maintain
before the world, that this act affects and may
wrongfully oppress as loyal and as good citi
zens, and as truedo our cause, as ever trod the
soil or breathed the air of the South. This I
shall make so plain to you that no man-will
ever venture to gainsay or deny it. This long
fist .of offenses set forth in such array in the
thirteen specifications, are, as I view thera, but
rubbish and verbiage, which tend to cover and
hide what in its workings will be found to be
tfce whole gist of the act. Whether such was
the real object aud intention of its Iran ers aud
advocates,! know not. Against their motives
or patriotism I have nothing to say. I take the
act, as I find it. The whole gist of it lies, so
far as appears upon its face, covered up in the
til th specification, near the mhldlo o fthe act—
“and attempts to avoid military service,”
Here is a plain indisputable attempt to deny
every citizen in this broad land the right if or
dered into service, to hhve the question wheth
er he is liable to military duty under the laws
tried aud adjudicated by the courts. Whether
such was the teal object and intention of those
who voted for the bill, 1 know not, but such
vvouW be its undeniable effect if sustained and
enforced. A man over fifty years of ago, with
halt a dozen sons in the field, who has done
everything in his power for the cause from the
beginning of the war, may, under instructions
from the Secretary of War, be arrested Tiy the
sub-enrolling officer and ordered to camp, upon
die assumed ground that, in point of fact, he is
under fifty. Under this law, if it be a law, htj
would he without remedy oj redress. A case toil,
lustrate by*, occinred within my knowledge last
fall, Orders were issued to examine the census
.‘k;Uims df I 860, as to the ages orpersons, and in
structions given to sub-enrolling officers to be
governed as to tho age of parties by those re
turns. In the case alluded to by the census
returns, the party was not forty-five at the time
of arrest. It* protested that fie had not made
the census returns himself—that tho return was
erroneous, it was not given iu under oath—that
ho was able to prove* by evidence entirely snt
. tel'aclory, that he was over forty-five and not
liable under the law au it then stood to mili
tary service. His privilege of the writ of ha
beas eyrpus—his right to have this question of
fact.and law* settled by the cobrts—was nfft
thou suspended, "and he was discharged. But
what would be his situation, aud that of all
others in like circumstances, if this act be held
to 1m law '! It is said that the act affects none
but the disloyal, and that no good law-abiding
man can justly complain of it. As I view it.
its main effect is to close tho doors of justice
against thousand of citizens, good and true,
who may appeal to tho courts for their le*ml
rights.
Take tho case of those who availed’ them
selves of the law to put in substitues—some
for one motive, and some for another—some,
doubtless, for not only good but patrlotio njo--
tives, believing that they could render the
country more service at home than in the field.
1 know o«c who has put iu two, one when the
call was for those up to thirty-five years of age,
( lie other when the cull was to forty-five. One
of these substitutes was an alien, whose ser
vices could not have been commanded by the
■Government, and who is now at Charleston,
and has -been (luring the whole siege of that
place. This man who put iu these two sub
stitute!, remained at home most usefully era
ployed iu producing provisions for the army.
All his surplus went that way, while he had
two men, abler bodied than ho was, lighting
for him in the field. Who would say that such
a mail is disloyal to the cause, if, believing In
his heart that he not liable under his con
tract. as lie supposed, with his Government,
he should appeal to the courts to decide the
question whether he is liable under the law or
not ! As to the law allowing substitutes in the
tiret instance, and then the law abrogating or
annlling it, and calling the principals info the
field, 1 have nothing to say. What I maintain
is, that it is the great constitutional right of
any and every party affected by the Inst of
there; acts ou the subject, to have tho question
cf his legal liability judicially determined if
he chooses, ami then as a good law abiding
citizen act accordingly.
Take another illustration of the practical
workings of the act. Congress by law ex
empted by conscription such State officers as
the legislatures of tlte reqpectiyp tjtatea might
designate as prQper’to be retained for State
purposes. At your last session you, by reso
lution, designated qll the ciyil and militia offi
cers of the S.ute. A late order has been is
sued by General Cooper, as is seen in tho pa
pers, doubtless under order from the Secre
tary of War, to enroll and send to camp a
large uumoer of these ofiicers—amongst oth
ers, justices of the peace, tax receivers aud
collectors. This order is clearly against the
jaw of Congress aud your solemn resolution,
it i: i-.t direct antagonism to the decision of
the supreme court of this State, in the very
case in which they sutained the power of Con
-irei-s.to ikisariroops by conscription, But in
which they field tfiat foe power was limited,
and that the civil officers of the Stqte could
not bo'constitutionally conscripted. I use
the word conscripted purposely—f know there
is no such word in the English language-—nei
tlier is there any such word as conscribe, the
one usually in vogue now 9 days. A now
woid had to be coined tor a process or mode
of raising armies, unheard of and uudreamed
of by our ancestots, an,d 1 choose to coin one
which best expresses my idea of it. But un
der this order of Genera 1 Cooper, is it not the
right of these officers, is it not tho right
of tho State, to have the question of their
liability to conscription determined by the
judiciary? Is it not the high duty of Oon
gress to compei the Secretary of War and Gen
eral Cooper to abide by that decision and to
obe . their own laws, instead of attempting to
close the doors of the courts against the adju
dication of ail such matters that come within
the sphere of their constitutional duties.
Again, Congress by the last section of tho
first conscript act, declared that all who were
or* should be subject to it might, previous to
enrollment, volunteer in any companies then
iu the service. Notwithstanding this express law
of Congress, securing the right of any person
liable to conscription to volunteer in any com
pany then in too service previous to enroll
merit. -General Cooper has issued an order by
| direction of tire Secretary of War. doubtless,
■ denying the light to volunteer in any company
• then inexistence, unless the number iu such
j company is less than sixty-four men. Under
i this illegal order a number of a3 brave, gallant,
| chivalrous, noble spirited youths, as ever went
forth to battle for their country and peril their
livei for constitutional liberty, will be deprived
of their birth right—the right to have question! 1,
ci law. affecting their liberty, determined by
the courts—if this act. closing the courts against
them, shall tie held to bo valid ! Tell me not
that act affects none but tiaitors, spies, and
the disloyal ! f heard not long since of a case
ia Albany; a father carried his son to the dis
trict enrolling officer; he had just arrived at the
age when he was liable to conscription; he
never wished him to go to the war as a consoript.
His older brothers had gone befoie him, they
wen: out in th« war a# volunteers, anif
t-bea formed pa) t of that living wall ot freemen
which still stands between us and a ruthless foe.
He told ihe enrolling officer, in substauce, that
he had brought this boy, the Benjamin of his
heart, as another offering ou the' altar of his
country. He was going as a volunteer under
the clause of tbc act alluded to: he had select
ed the company to which bis brothers beiouged.
He was told this could not be allowed. At this
the father was greatly surprised and mortified,
as may be readily understood; he insisted upon
(he rights of his son. Great as his surprise was at
first however, greater, was it still to be. The
son was ordered to jail, to be sent to the camp
of instruction, to be ordered to auy company
his officers might choose. The high spirited
youth, scorning conscription, offering himself
as a volunteer asking nothing but his legal
rights, instead of being sent on with chyers
by the crowd, and a father's parting blessing,,
was sent to jail as a telon !
Can anv oite say that this was not a most
shameful outrage 5
It is, however, bnt one of a thousand cases
like it that may occur, and probably, will oc
cur, should this law be held to be constitution
al; and if the doors of the courts are to beclosed
against all who may he ordered to the military
service, without any regard to law*. I have
here two letters which will further illustrate
how this act will xvork. They are both ad
dressed to the Governor. One is from a Mr.
Samuel H. Parker, written iu Charleston jail.
[Here Mr. S. read tho letter, stating that the
writer was a native Georgian. Thai he lived
in Whitfield county. That he was forty-seven
rears of age, as the record would show, then in
Whitfield county. That he was at his home
with his wife, (who was then sick) with ten
small children, on the 27th cl February, of this
year. wheD a party on horse,*, came and arrest
ed him. and carried him to Dalton. And from
Dalton he was carried to Atlanta. He protest
ed that he was over age and not liable to mili
tary duty—that he was forty-seven years old.
He’was told that that was the right age to
make a soldier in South Carolina, and he was
sent to Charleston, where ho was put in jail.
He appealed to the Governor of his native State,
and the State of his residence, to have justice
done him.] Os this Mr. Parker, said Mr. S , 1
know nothing, erxeept what is stated in this
letter. It may be false, and yet, it may be true.
It tine, justice ought to be done to a man so
greatly outraged and wronged. But whether
true or false, the courts ought never t) be closed
against an inquiry into the facts, and never
will be, so long as personal security has any
protection in this country.
The other letter is from the Hon. John Oats,
a member of this Honse, from the county of
Murray. It is dated the 11th of this month,
the day after the meeting of this session.—
[Here Mr. S. read Mr. Oats’ letter, stating that
he was detained at Atlanta under very painful
circumstances. His oldest son, who had been
in the array, was subject to epilepsy, and had
been discharged in consequence. That after
wards lie had been carried before a board of
physicians, who pronounced his case incurable,'
anil he was-given a certificate of final discharge,
on the grounds of permanent disability. That
on the morning Mr. Oats left home for Mil
ledgeville, the provost guard at Dalton, went
to his house at Spring Place, aud carried his
son off to Dalton. They carried him from
there to Carter•'ville, to Capt. Starr, the en-
rolling officer for the 10th Congressional dis
trict, and lie, knowing all about his case, sent
him back to Dalton, stating in writing on the
order that he was sent there under, that he-'
cording to law, and his orders jjom the War
Department, he was not liable to conscription.
That on his return to Dalton, (hey put him in
irona and’assigned him to Charleston, to go in
to the fortifications, and that he expected hint
in Atlanta thiit evening. He was waiting with
the best counsel he could-get, to see if there
was any virtue in the writ of habeas corpus.—
He asked that the Governor would get some
member to piocnre for him leave of absence
from the House.]
Well for Mr. Oats (said Mr. Stephens) and
his afflicted son, there is some virtue yet in the
writ of habeas corpus.
But what virtue would be in it, if it is de
nied under this act to all who attempt to avoid
military service? Nothing could induce me to
read such letters on such au occasion, blit a
sense of duty, to show you what- will he the
state of tilings all over the country, under the
operations of such a law, when orders are is
sued for its enforcement, and to put -you on
your guard against the flippant plirate that the
act will affect none hut traitois, spies and dis
loyal people. Had it been in operation, had
the courts regarded it, Mr. Oats’son, who had
served his country faithfully, as long as he was
able, might now have been beythurremedy, be
yond redress and beyond hope. Will you say,
can you say, that the courts ought to be, or
can be closed, against such monstrous wrongs?
Will you not rather put upon the attempt to
do it, the seal of your unqualified condemna
tion? Tell me not, to put Confidence in the
President. ’That lie will never abuse the power
attomp ed to be lodged iu his bands. The
abuses may not be by the President. Ho will
not execute tho military orders that will be
given. This will necessarily devolve.upon sub
ordinates, scattered all over the country, from
the rotomac to tho Bio Grande. He would
have to possess two sup rhumau attributes to
prevent abuses—omniscience, and omnipres
ence!
These things onr forefathers knew, and
hence they threw around the personal security
of the free citizens of this country a tinner, safer
surer protection than confidence in any man,
against abuses of power, even wlieu exercised’
under his own eye and by himself. That pro
tection is the shield of the Constitution. See
to it that you do not in an evil hour tear this
shield off’and cast B away, or permit others to
vlo it, lrst in a day you wot not of you sorely
repent it.
Enough has been said, without dwelling
longer upon this point, to show, without the
possibility ofjt doubt, that the act dou, not af
fect others, and laige classes of others than
spies, traitors, bridge-burners anil disloyal per
sons-—that the very gist of the act, whatever
may have been ft)*: intent or the motive, wHI
operate most wrongfully and oppressively ou as
loyal, as patriotic, and as true men as ever in
herited a lreemurTs birthright under a Southern
sky. You have also seen that there is and can
be no necessity for tho passage of such an act,
even if it weie constitutional, in the case of
spies, traitors, or conspirator.'}. For, if there’
be a traitor In the Confederacy—if such a mon
ster exists—if any N well grounded suspicion is
entertained that any such exists—why not have
him legally arrested, by judicial warrant, upon
oath or affirmation, setting forth the probable
cause, and then he can be held under a consti
tutional suspension of the privileges of the
wr.t—he can! be tried, apd if found guilty, pun
ished. What more can tho public safety by
possibility require ? Why dispense with the
oath ' Why dispense with judicial warrants.?
W hy put it in the power of any man ou earth
to order the arrest of another on a simple
charge, to which nobody will swear ? Who is
sate under such a law ? Who knows, when he
goes forth, when or whether ho ghall ever re
turn? The President according to this act, is
to have power to arresfcand imprison whoever
he pleases, upon a have charge,inade, perhaps,
by an enemy of disloyalty—the paily making
the charge not being required to swear it! Who,
I repeat, is safe or.woutel he under such a law?
What were the real objects of the act, in those
clauses, as to treason, disloyalty, and the oth
ers, Ido not knew. To me it seems to be un
reasonable to suppose that it was to reach real
traitors and persons guilty of the oflences sta
ted. For that object could have been easily
accomplished without any such extraordinary
power.
I was not at Richmond when the act passed.
I heard none of the discussions, aud knew none
of the reasons assigned, either by the President
in asking it, or the members or Senators who
voted for it. I wrs at home, prostrate with
disease, from which I have not yet recovered,
aud by reason of which I address you with so
much feebleness on this occasion. But I have
heard that one object was to control certain
elections and expected assemblages in North
Carolina, to put a iflnzzlfi upon certain presses
and a bit in mouth of certain speakers in that
State. If this he so, I regard it the more dan
gerous to public liberty. I know nothing of
tho politics of North Carolinia— nothing or the
position of her leading public men. If there
be traitors there, let thc-ui be constitutionally
arrested, tried and punished. No fears need
be indulge,! of tiare error there, or anywhere
else, if reason is left free to combat it.
The idea is incredible, that a majority of the
people of that gallant and noble old State,
which was foremo-t in the war of the revolu
tion in her memorable Mecklenburg declartion
of inpependence can, if let alone, ever be in
duced to prove themselves so recreant so the
principles of their fathers as to*abandou our
cause, and espouse the despotism of the North.
Her people, head of all the colonics, first daunt
ed in the breeze the flag of independence and
State Sovereignty. She cannot be the first to
abandon it-—no, never ! J cannot believe it !
If her people were really so inclined, however,
we could not prevent it by force —we could not
under the. Constitution if we would, and we
ought not if we could. Ours is a Government
founded upoa the consent of sovereign States,
arnd will be itself destroyed by the very act
whenever it attempts to maintain or perpetu
ate its existence by force over its respective
members. The surest way to chock any in
clination in Nortn Carolina to quit our sister
hood, if any such really exist even to the most
limited extent among her people, is to show
them that }be struggle is eoutiaueij as it was
begun, fn the the maintenance of cocstitu- j
•tonal liberty. If, with tills great truth before,
them, a majority of her people should prelcr :
despotism to liberty, 1 would say to her, as to i
a wayward sister, depart iu peace.” I want
to see no Maryland this side of ti e Potomac.
Another serious objection to tho. measure,
showing its impolicy, is the effect fit will have
upon our cause abroad. I never looked to for
eign intervention, or early recognition, and do
not now. European governments have no sym- i
pathy with either side in this struggle. They
are rejoiced to see professed republicans cutting
each other’s throats, and the failure, us they
think, of the great experiment of self-govern
ment on this continent. They saw that the
North went into despotism immediately on the
separation of the South, and their fondest hopes
und expectations are that the same destiny
awaits us. This has usually been the fate of re
publics. This is the sentiment of all the gov
ernments in gurope. But we have friends
there, as you heard last night, jn the eloquent
remarks of the gentleman [Hon. L. Q. G. Lamar]
who addressed you our foreign relations, and
who has lately returned from those coun
tries. Those friends are anxiously and hopeful
ly watching the issue of the present conflict. —
In speeches, papers, and reviews they are de
fending our cause. No argument used by them
heretofore has been more effectual than the con
trast drawn between the Federals and the Con
federates upon the subject of the writ of habeas
corpus. Here,.-notwithstanding our dangers
and perils, the militaiy has always been kept
subordinate to the civil authorities. Here all the
landmarks of English liberties have been pre
served and maintained, while at the North not a
vestige of them is left. There, instead ot courts
of justice with open doors, the country is dotted
all over with prisons and bastiles. No better ar
gument in behalf of a people struggling for con
stitutional liberty could have been presented to
arouse sympathy in our favor. It showed that
we were passing through a fiery furnace for a
great cause, and passing through unscathed, ll
showed that, whatever may lie the state of
things at the North, at the South, at least, the
great light of the principles of self-govern
ment, civil and religious liberty, established on
this continent by our ancestors, which was look
ed to with encouragement arid hope by the
down-trodden of all nations, was not vet extin
guished, but was still burning brightly in the
hands of their Southern sons, even burning the
more brightly from the intensity of the conflict
in which we are engaged. To us, in deed and
in truth, is committed the hopes of the world as
to the capacity and ability of man for sell-gov
ernment. Let us see to it that these hopes arid
expectations do not fail. Let us prove ourselves
equal to the high mission before us.
One other view only, that relates to the par
ticularly dangerous tendency of this act in the
present state of the country, anil the policy indi
cated by Congress. Conscription has been ex
tended to embrace all between seventeen and
fifty years of age. It cannot be possible - that
the intention ' and object [of that measure
was really to call and keep in the field all be
tween those ages. The folly and ruinous rouse
quences of such a policy is too apparent. De
tails are to be made, and must lie made, to a
liiigi; extent. The effect and the object of this
measure, therefore was not to raise armies or
procure soldiers, but to put all the population of
the country between those ages under military
lav,*. Whatever the object was, the effect is to
put much the larger portion of the labor of the
country, both white and black, under the com
plete control of tin* President, tender this sys
tem almost all the useful and necessary occupa
tions of life will be completely under the control
of one matt. No one between the ages of sev
enteen and fifty can tan your leather, make vnur
shoes, grind your grain, shoe your horse, lay
your plough, make your wagon, repair vour har
ness, superintend your farm, procure your salt,
or perform any other of the necessary vocations
of life, (except teachers, preachers and physi
cians, and a very few others) without permission
from the President. This is certainly an extra
ordinary anil dangerous power. In this conned ion
take in view this habeas corpus suspension act by
which it lias been shown the attempt is made lo
confer upon him tile power to order the arrest
and imprisonment ot any man, woman or fluid
in tin* Confederacy, on the hare charge, unsup
ported by oath, of any of the acts for which ar
rests are allowed to be made. Could the whole
country lie more completely under the power and
control of one man, except as to life and limb 1
Could dictatorialpowers be more complete ? In
this connection consider, also, the strong appeals
that have been made for some time past, by
leading journals, openly for .a dictator.
Coming events often cast their shadows before.
Could art or ingenuity have devised..-.iunirr
a surer cut to that end, for all practical purposes,
than the whole policy adopted by the last Con
gress, and now before you for consideration ? As
to the objects, or motives, or patriotism of those
who adopted that policy, that is not the question.
The presen.ation of the case as it stands is what
your attention is called to. Nor is the probabili
ty of the abuse of the pqWer the question. Some,
doubtless, th,nk it for the beat interests of tin
country to have a dictator. Such are not unlVe
qucntly to be met with whose intelligence, probi
ty and general good character in private life are
not to be questioned, however much their wis
dom, judgment and principles, may be deplored
In such times, when considering the facts as they
exist, and looking at the policy indicated in
ail its beaiings, tho most ill-timed, delusive
and dangerous words that can he uttered are,
can you not trust the President ? Have you not
confidence in him that lie will not abuse the
powers thus confided in him ? To all such ques
tions my answer is, without any reflection nr
imputation against our present Chief Magistrate,
that the measure of my confidence iu him, aud
all other public officers, is the Constitution. To
the xuestion of whether I would not or cannot
trust him with these high powers not conferred
by the Constitution, my answer is the same that f
gave to one who submitted a plan for a dictator
ship to mo some months ago : “ I am uiterly op.
posed to everything looking or tending towards a
iltt-tutorship in this country. Language would fail
to give utterance to my inexpressible repugnance
at the bare suggestion of such a lamentable cat
astrophe. There is no man living, and not one
of the illustrious dead, whom, if now living, 1
would so trust.”
In any and evpry view, therefore, I look upon
this habeas corpus suspension aa unwise, im
politic, unconstitutional ami dangerous to public
liberty.
But you have-berth asked what can you do 1 I
Pol Vou can do much. If you believe the net
to be unconstitutional, you can and ought so to
declare your judgment to he. What can you
do? What did Kentucky and Virginia-do in
17!)8-9(i, under similar circumstances ? What
did Jefferson do, and what did Madison do, and
what did the legislators of those Stater, then do ?
Though a war was threatening with France —
though armies were being raised—though
Washington waa railed from his retirement to
take command as Lieut. General—though it was
said then as now, that all discussions of even ob
noxious measures of Congress would be hurtful
to life public cause, they did not hesitate, by
solemn resolves by the Legislatures, to declare
the alien and sedition laws unconstitutional and
utterly void. Those acts of Congress, in my
judgment, were not more clearly unconstituti
onal, or more dangerous to liberty, than this act
now under review. Whan can yon do? Vou
can invoke its repeal, and ask the Government
officials and the people in the meantime, to let
the question of constitutionality be submitted
to the Ceurts, and both sides to abide bv Inc
decision. *
Some seem to be of the opinion that those,
who oppose this act are for a counter-revolution.
No such tiling. lam for no counter-revolution,
object is to keep the present one ; great in
its aims and grand in its purposes, upon the
righttrack—the one on which it was started, and
that on which alone it can attain noble objects
and majestic achievements. The surest way to
prevent a counter-revolution is for the State, to
speak out and declare her opinions upon this
subject. For as certain as day succeeds night,
the people of this will never live
long in peace and quief tinder any government
with the principles of this act settled as its es
tablished policy, and held to be in conformity
with the provisions of its fundamental late.
The action of the Virginia Legislature in 1779,
saved the old government beyond question, from
a counter aud bloody revolution ; kept it op the
right track for sixty years afterwards, in its un
paralleled career of growth, prosperity, develop
ment, progress, happiness and renown. All our
present troubles, North and Sonth, sprang from
violations of those great constitutional principb **
therein set forth.
Let no one, therefore, be deterre i from performing his duly
on this c cession by the cry of counter revolution, cor hy tlo;
v . li.it it. ia the duty of all. in this hour of peril, to support
the GovemireLt, Our Gov, mrceut is composerW'f esecuwve,
W ItVatvc and .judicial departments, under the Constitution,
lie most truly a::d hdthfnUy supports the Government who
supports and defends the C’onstltuion. lie not mlaed M; lMr
erv, or that you must not say anything azain.et the administra
tion, or you will injure the cause. This is the argument of toe
preacher, who In ist&l that Lis derelictions should not he ex
posed, because If they were, it would injure his use uhe.s a. *
minister. Derelict ministers are not the cause IWu .
such cry. And let no on., t« Influenced by that ether sj. ct
the had effect of su-h discussions and nacb “ctMviiw -a
upon our gallant cltiwn so Idlers in the BeM_ I .
lhiii£ of .he feeling of these men. i 1 eyre
ship?, their pri-. at funs and ttelr ands oin'o-tflnmmf .1 gave
witnessed and mmndered to their » .ho
disease ar.d wounds in hospitals. I know some.n.ng n.
lentimenU that **'“%*.£•* went out to this
wa? « ShSSnSSW hut« InteKtgro.
war—iioi m morw:u*n*vy* rentlewen. who Were pioud of
known* tfcelr right*, 1
dared maintain ib*m at any and eW cort »nd bmjW«s. rbe
n’ri Ttferfin* wiio extorted ina&ia cbaita treni tutir oppreß-or J
Md W* dusrhy *nsorUoarß<s,dldt.ot present a grander
ereriadef.'r tie :£~. .. ~ •
{ r-i -r- •=" -srf
T-et; f.v- •:. % ■, . • -;*:-. : *
srhea they wiHk *■ -t •, * \ r t :• i* ;- f > at?tots d*d
a thoro-.g i •isvoti V-VH ’ : : c ‘l ’ v;; a" motive) at
rionai liueitr. To rtpr. • \>. :1 ‘‘ ; -:r. f>r c uatity
li-e*.*.; ■<a‘.itt;i-.--v-;.'.Y ‘ l ,; te I*"
sohs 11.-ir.i-- Ur, i . . ' r u ’ ,m * t* l ® ll
>1 * :i; v •■■*.’!.' * ' ” s "*•»
ti:eC<&-i.i'i!ionelW» p-. '- G -■,< -’..-.uutDj-'i-U •
- v.”? v :7 iv>:; A«z
Const it u « n—the* ' t ’; ,t v/s the
avUt to g.’ -i ; v ;4\ t u Vr;
j icis i-t-'tte"imWi- ] ‘• lt ‘ sviilmients
tilU-'fv* - ! .4 • ; '' " '> <s i.nvw been
ife<tfiscr;pt on ; -ui wvf •! v: ,7,.-. r* ' r ~ * ua u P on * lu
YoifcCftnr.ot, ti»vi\T<'.i , s.-gh pi •j f ,
slitutiom! M.-viv * .-vV ;'V.t ' »» defender* of con
in the 11-! \ you a ... kfeDiii / [} ’ 1 V m -'! uon T: « llU of
panic in liicpubli *. ' •• '** - £ V au l H vor
renewed\iAr;v,.T, *■, . .‘-O r ’he tight with
and H «»*.i win |. O - ,- 4» ',V . V,\. ,r ”• :: *b. uv*\ jsutifue,
' ever
a shadow and ami Civ ? * v V !i lot --ea koe name,
dren nft&rthcm shall a V' V ’V l V ;,Cy i^'i ! \\ li 1 chU *
peril all. Next to th-' -"m, C U ‘ r whUh Ul * > r 1:0W
crmideendfhem - t q-Yv'. - ' i'"’ n:cfs4*?x von
ti-ht mu I :: j ‘ :a ,fl , burnt of tne
is in «v» *i i 11 v •• c 0:1 >' s»ite nope of suet eaa
effort v/; i he niad *■ *, u 1 ;> or : iwi-honorable
to terminate the FTru'-'i 0 < ,‘ v PC v?i l . tr Y : ' V Tt r C <J°verisment
tiieprin-iphm i„*- v. c u U|>OU
lie able 1.0 <!•».' 'ii *.• •* ). \ ‘ ;!! " OKpectcnl t»
do no! know fha-'i ‘- ! r ,; '. a w 1 : OSB >* tno,p - *>
ag:cn. os V’-‘. '•* . • •••:•. ■ °J t r'* ->* au
• three • . - .a*,.!,; -\ ,: . ' - ™ ' V'' “™ •
'
e t tKujfces ■■ y v L)"'*:
;iM-ay. SOI: or
tl t”' 1 'l\V , , * 1 - h ’• .IG> Cl
1 ' •-’• -' '*<*:t 'i-tiig up their lives
p . -- ■ ‘ -H-.wl. V*M greswr
-VI,, 1 . : ■ . •’• 1 ■ ot t *:m«‘ awxU
*i ‘ te-Kifut-ou
r< in.-iit'i v- o .' .... '" ’ h : teiU«A
.
' - «ov
- ■ i: 1 U w !**at lor.
V r,. 1 ■ ‘ "• " i-‘ •< * ■- -; riiovoh blood.
.Wfw .m . . i . übertv.
th.-.i, *.»t Ibboitti . - .--a i-in-*: a l.rth right.
i a ‘N, la ■" - - :>*oilod tu, to
iS ‘’-'o ; r - • : ev,*; ll anil cui-.l.bi-d as ob
; Silt forevur In
si .-. I,- t * 1 -i - r ■ -j:;, i:--u weal null
litcygh -.-. Pi- ana it .«u .t.a. i. > : i„. iu ;.i.d u< ad
o ;■> - -•"’"In n I , ;l* . 1 WHO
imu tuin up..},piiv ~.i-... . 1a all mdurtai
...ft;,* - l ■ .1,11 yi-ll :.‘.M* :!-:uliot
aa. la.**’ -0’..--Oil. 1 • P|. i*. ilie t:i-.‘‘:,«;lng
lai-.g ua«i- OJ ‘ I■ . :-.r.; i-- Mil.- vm.’S tot pte
fVl lo A --Ml’ern .-•* ; ■.. ,v.i :i. a n;,c /’ T ;-o nosiclt
l, 1 ?"*„[,;■,. G’j "," ‘u l "."'* ,- KV : ;1 comamtJii.aUons ara
"l *
Sis'- f'flu- . ;u-B ply.lte-i tatotate.'*
iI v - inVwnV ’i" ’ ' ' <" l .!'" 1-* twei-n in as! or?,
I'll iv , •; ; G oi ' 1-u1..: I’h- r-oi-th or Sent!*,
VP G,;,'. *'.", lit K-.ior that i,ffl,e. Shall
ill,lf-*1 > v I ‘ ’ 1 ■■ ' ■■ -"■ ni :u. ll fell cli*ctlc*U.—
‘ " V V ‘ ; V I'-Ucafeftli, ii oi 11, y
!„• ■: - - In. -i.i.-i-inxc lo lilt- ulmoßtof
- * ■ -■! --if. *-H - H P litartv
-i ' l ” . . " v feiiaisntii* anumg
‘ •-« V -■•'-•••: - l ive np Cl 4th. This
■ Ism and all.' '' ll ' ' •'*» '•’ ; '-vita tpitn.a wbu.
!-ir- U, - ’, • i " , , 'a-r, (he Urhls, thciltj;-*
lu ;'” VV- 1 : j 1 ' - ';■ - n - ll ' - liaini 111 i-V- 1 input
on. I , -,1 vu, is. o llileillllimtUtKl.
to vaurUi-iiMP. [ mm -- -n • : y j
i-INCCLS’tj A-A k\ _ c;.«>v I.AMATfOX.
The followin'” mapr be* r< i -,i as an irapor
tant document of thi* !*mes. !: was written for
the purp iso of iuii’i-ic.i- I*• to elections in
Tctiny, e. yet ri;i• i -I■;. ,ily mmouttcea tho
policy Lincoln'd< in*3 uj j .i'vc«, as it cones
horn the trifice of t-bo V*. St.iti-s attorney
generiil, and wa.- ot coutee wnti-n only after
consul tati-jn:
Vs CpJd.jctox, Febri’at-y 2t, 1864.
Sir: Many petMuis, ttir..;-c whom criminal
indictments. <n iigiiin:;! whetn property proceed
ing/ under the n ; , , laws, are ponding in
(he Courts of the tenr.d B-a-les, plowing out of
thi [>:it tic-ip i:ion of [■,.ns in the existing
rebclii.ui, ‘•.•tv.* in iaiih. t„!;rn the oath
prescribe Iby the p uyhim itsui of (hoTresldeut,
of tiiu fttitt t*f Itetva.btT, Ifftili, apd have there
loreentitU ! tie - -Ivr;: to tin; lull pardon and
restorat-iun of ;*:i- rights of projiiuty*, except
as to si c.cs. ; ■ i. x. . i■ • tin* rights of birod
parties have : i ;•. n.d, which itent preeltiraa
tiim'oik-i , and < -..) i ”I:i‘ [a ei: dent’s [at doit
of a person guiUv oii acte of rcbcUion will, of
Course, relieve 'that pet-vn from the penaltiea
incurred by he’ ' i’.i-i-'. tut.t an indict •
ment is p udiug ' ae.du- i him therefor, tho
production n i'v is- :, a, tekricd by the Pres,
idcut, or of s.id, cviil,;;,;c that lie has
complied wiih Vonditions i; n which tins
pardon ivohcivd if he Is! n i of the class ex
cepted from ill- benefitt oi i-ae proc-laniation,
will lie ; a ;. ni. i, .it iot* discontinuing;
sticii evinn:i‘.t; • icei.li-. - .-n-.t<Bs(-li:ti‘ginghim
ft’Oi.M tel- : •iy is ( less doubtful
tluit tt boti.i h ,--. ei; site, of tiio terms of Iho
I ’resident j miit.-.ui by pi i.-ous guilty of
acts of IT bo and no- if i e e.Xcepted class,
. will .•i nr (n . m It:. ; - a it si oration of
111! tin: riglu-s f [■>'[- < •■* [*t as to slaves,
and whet.- F:•- ti -,.| . . . i • panics shall
have itiiorw ■ : :• -,.i. ,-uch pat ties
may, by rciis; u inihp.- ■ 4ul--.oLieliolJU.iit, havii
been sii'j-'t (e.i _*.*., ,i‘ -.'‘ten iinocr tlieprov
isioos of ilie iiji.-rf * : Avgust ti, IBCI,
ciiitpteiy G.'i. ».,*! -!;!•;• I ..be pier-lttii.
for Wn.ll.ril; :*' 71’ r,,*-.,i- I'XMrre*) of
potrieri i liu .-» (tire tbfir ri'.-litu
iff jn ;,y, (ri i. '1..-..,;:--,-.’.,-;,;.,; act-ol July
17. 1 '• ;• .<!u« ••.•.•-. ilie "r -idem, ai any time
thereafter, by ;-r. i. -.ii, to exlend to per
sons vvbo may' b n parlicipaU and. in the.existing
rebellion, in any State or pivt thereof, pardon
and amnesty, w.tli such r-xc- ptious and at atteh
tiin- :■ and on m.-h tetilrii-.-i.-s ns be may deem
e.vpcdii-e.t l )i;s*im p-,i!>li welfare, ft will hard
ly be rpieSiioim-l, 1 siqijmse, that the purpose
*,t ibis scciii/n, itisertcd in a law mainly, intend
ed to reacli ibe properly of ueisons engaged
in the rehodiou, wa.-, to vest ilie I'lesideiit with
full power, to ieiiqve such perst.ns on such con
ditions he .-bon’d pry ■ tihe (f -m the penally
of lo*of f lti-ir properly L-y eontiscation. Al
(boiigh the ;;i(H-*a;Uitici, for tonfi'catioti under
tile acts of ti" n-:, li, ISiil. nnd Juiy 17, 18(12,
are In *'■/;t i.t;ijinßt the • : petty seized, yet tin
der both acts the "lc-i-.d *.*( coudeuination is
the persynal eui't of the owner In aiding the
rebel Hi ri. By the pardon and amnesty, -not
■ rijdy (.he .puul.ikn.etit of that personal guilt re
mitted. I*ut the oriunse ii. -dl is effaced, that
being (he special cm-*.I -.f an act of amnesty of
the Govern:.-" : ‘ <’f com -it arrests and put
to a# end a ; ;."n-. jaia l!:q;s founded there
on, whether iri -i -in li Gc [ i ,-,:m or th;*.prop
erty of tho * ’il cie is, therefore, no
case-of judicial |.-t c.* - *•• m.- to enforce the pen
alties of ::< <•! which cannot bt»
reacLi dand cure*l b> iito ..inEiitutional or statu
tory pi wet.-* *.*i - - ■ l’t- t to giant pardon
and mam dy, v r 1 a> 4,'vccecdings bo
against the 1 of ii • •.:'* ndi rby ciixnlnai
inil: f i.if nt. o,- c I-.,, 1 property under tho
corill-vTtion •»-.* is 1. •-r;i‘>: 10. '1 ho I’rosidenfc
ha»ac;:or<iin iy and: ■ : mi! In instiact you
that in any c •• w iu.ro proceedings have been,
commenced and me ;•*<, ding and undetermin
ed in the il:--*.rict or ciro'.B courts of the r'uited
Shite i’or your di '-i i'. l, bi-aiurta peCEoa charg
ed with a-ria of ii be!ii i n, an 1 not of tho ex.-
cepted .'.-las,-*, wri,,-‘; u- E *•> ha by indictment
or seizure and libel oi hie property for confisca
tion, (be ti*; <! •* r i not having in
tervened, you trill ■ iv -ritinun and put an end
to thee" pi' , •.. v,b never the person so
charged sh-iil)>i*.d;.*-e cvi.ient-e -atisfactoiy to
you that lie 1 ■ , : n y . 1 f .ith, taken the oath
mid complied wi’b tlx ri.i--:iticr.s prcfcribeil
by t!:c I’i‘CK b*--L . j -i.-aiii nos. the Bth of
Deeeriiber, te 7 V- i .--.ary that the
evidence he mr.-P- ■ • : d-l be a did of par
don .-rigne-i ii-.-t Pi >: ' h : F would lie quite
im;>c, idle the Ftc-hlu.! lo furnish the ruui
titud who are ne v. a-.-'dug tjientselves of the
benefits of t.'..** i- ,--. and who are
likely to do to ] "‘-r, v.i:h thin form il
evidence of p id< ■ ■ be mfik-ientft) justi
fy your action if ti-o p.*rty *. 1 king to be reliev
ed from fartlior proceeding-.ball prove to your
full Bftti; fucUon G ' !•<• Ii; u: nd faith taken
the oath, and b‘c; ”-t ’• lie-.'if virhiu tho
condition--iy*; ir*’e:‘• d.* i.;i.j*fy ret .forthia
the pibclno a( i'-n If in mt 1 *--e you liava
good reason to believe that the oath has been
taken for tins ineie pu: j-t si of obtaining the
possession of persoiul j , ■ riy r< : *.rd untWr the
1 conti/calion ads, v. rih bat !•> n-rnevo it from -
the mli.u qi.**.*. i-ciich- of the (.dieers of the law,
you w ill make report m : i*. fact* and r. asou
for your l f-iiei'a; ids t.hefetc iK-.cmidnu*
ing the pr*. • s-c, . * nr; -orb sr such property
to tbo I’ I-.-.- . ‘ f '.'-.a <". i:l ..
Fugitivesu>.*: • :io» th*; a* :of JIII7
13, tea Cl, ehiypter are n.-t of the f hi-.- rei .lied
by the prods;-i:,tiou ; f .;.<!■ . detect, ttfo
[uestion win iher tl;;* perty 1 d is subject
to foslciture d*.;,* upon >■ ■■ piedkiurynt of
tho property '.(-'ete. *•■ ri not upon the; rtonal
guilt or irmoct'' -■-of i- :••) •r. In this respect
forfeiture.-; urn'! . '■ * C.,vo* more rerent-
Wnncf; to < a~:e of p: * " capinred at m
, imenemy , ptr-peri; ,r. fi. : t«f«■ Jings tirnler
' tbeactol
' foifeitm , e W .
ish the ou r.or f. r ,li <■> Ptobiblt
commercial iv- ..rvi wcawn thy publio
ent-rov. t filch arc u” ttiKtn.menffi
and legitim ito oi poo ic wnr. Cut, a!-
tliough thoretri : “'.ci“ i ..-dioTs underthoact ,
Os Jnlv, mi, arc wit. m the teepo of
the pi'<•<•!;■.million of r •••.■• , Mill ample power
is cDeferred on <!;< U ■■ ■ '. “f the Treasury by
the Bth dec! if. ot !h..t r cito lidUgate or remit
all forftjitnrca ‘ind r.t letllit n > Hired tiad. r the
act. And it - not .< ■ he ' el ‘t-d th.lt in ;■ 'i
proper case* under tb- ' :tct, v. in to thoowneT of
the property rn-’ ; u, -U- ffi-ritcrry in rebel
lion com; 111 ti. - > * <■>
mation, the f -<1 e •' f ’h. i ■ will t xer
-cise ttio povtv-r <a ■■■.: '■ -l:-n of h forfekure in
the same touit , •• ir ;om i ■!■:>. aranc'o nrtl li
berality whit aT. pin. l ■n t ri;:.n,-eteiked the
proclamation. Vu.y i-- •■ r ■■ "fy.nc.
XrrjA.v J. CoKrnv,
Acting Attorney Gen«nJ.
The Federal moiiar.'ii . tU. foie Foijt Po mil .
weighed anchor an<l r ; .ooff eastward, on
day mcrßing last.