The Confederate union. (Milledgeville, Ga.) 1862-1865, March 22, 1864, Image 1

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Newspaper Page TextjjOlhiH NS, SISBET, BARNES & MOORE publishers and Proprietors. KOliniITtfiV, ? Edi«*r». SI. SlABKT. | (Cjc (Confebcrate Union It published IVeelch/, in Millcdgcv Hie, Ga., (Jorn< r of I[uncork and Wilkinson Sts., (oppotltt Court House.) OL'.OROIA, Jbs;ktcSSnty^* .. W HKKCAS, it is repri‘ScSt5J"to the Ordil^'l xi, that tim minor cl.ilOrj^pf Joseph'Jottr.j late of suit! cjuutjr, deceased, are without Guat J At $10 a year in Advance. * lU3iE x ™v.] 3IILLEDGEVJLLE, GEORGIA, TUESDAY, MARCH 22, 186!. NUMBER 44. T'mse are therefore to cite and admonish all P** so ta concerned, to be ard : ppear at my ofiica orj tits first Muuday in April next, and take out lei' tars of Guardianship., or show cause, why ID s hub eh.ll not devolve, upon the Cleik of the Su perior or Inferior Court o* said county. ! Given u»d< r my hand officially, lliil 2»i ^*1 of Keb’y 1804. 41 r»t M. 11 HUTCHISON, Ordinary. on: ivctr teijjjs. On and after March '2.1,1861, the Terns of Sub- r.riotioti to the Coof-deraie Crion, are Tf.n Dot. L*KS. invarihly in advance. All indebtedness for subscription to this paper, previous to June 1st, 1863, i. at the rate of Three Dollars per year. i - ^ e publish below the English Habeas Corpus Bill which is referred to in the Governor’s Messasre : I ADVERTISING. * TutSSIEHT.—Two Dollars per square of ten lines for each insertion. .... ,,,, Tribute* ,f re.pe.tt. ItMoiotions by Societies, (Obit uaries exceeding t-ix lines.) Nominations for office. . - - Commanications or Elitnri.il notices for individual ■ Immait, it is enacted. That bsneSt, chargAl as transient advertising- 1 ... \.r.< DVERTISIKG Sheriff's sales, per levy of ten lines, or less, $.j O') “ Mortgage fi fa sales, per square, 10 00 Tax Collector’s Sales, per square, 5 00 Citations for Letters of Administration,. a 00 “ “ “ Guardianship, 5 00 Letters of application for dism’n. from Adm’n 8 00 .* “ *• “ Guard’n 8 00 Appl'n for leave to sell land and negroes, 8(0 N’otics to Debtors and Creditors. Sales ot land or negroes, per square, “ perishable property, 10 days, per sq. p;stray Notices, ,30 days. Foreclosure of Mortgage, per square, APPENDIX. ACT OF SIXTEENTH CHARLES I, CHAPTER 10. r I HIS WENT INTO OPERATION 1ST AUGUST, 1641. An Act for the regulating of the privy council, and for taking away the Court, commonly called the Star-Chamber. . " HE it has by the Great Charter many times confirmed in par- , it is enacted, That no freeman shall he taken or imj iris- disseized of his freehold or liberties, or fite customs, or be j outlaw d, or exiled, or otherwise destroyed; and that the king will i not pass upon him, or condemn him, but by lawful judgment of his peers, or by the lair of the Lund. (2.) And by another statute made in the fifth year of the reiipti of King Edward, it is enacted, that no man shall be on cl 6 oo 8 co 2 00 5 (.0 2 00 LEGAL ADVERTISEMENTS. roes, by Administrator required by law to b< Ex it-Id li; between the hours ee iu the afternoon, at the in which the property is Sties of Land and Xe ctutors or Guardians, ar on the first Tuesday >*« the n of ID iutho forenoon and tin Conrt house in the county situated. . , . ... Noticeof these sales must be given in a public gn- setteld days previous to the day <•! sale. Notices for the sale of personal property must be riven iu like manner 10 days previous to sale day. Notices to the debtors and creditors ot an estate- must also be punished 40 days. Notice that application win b Ordinary for leave to soil I published for two months. Citation* for letters of Administrationi Guardianship, Ac must bs published 30 days—for dismission from Administration, monthly *i.i monthx—tor diwimuHion from Guardianship, 40 days Rules for foreclosure of Mortgage must be published nunlk/y fur ftur month*—for establishing hist papers, for the full space of three months—for compelling titl • made to the Court o Laud or Negroes, must bt fr im Executors or administrators, where bond lias been given by the deceased, the full space of three months. Publications will always be continued according to these, the legal requirements, unless otherwise ordered. [From the New York News.] Ming a Sen; of Green bucks. A FEDERAL NURSERY RHYME. Sing a song of greenbacks, A pocket full of trash, Over head and ears in debt. And out unready cash ; Heaps of tax collectors, As busy as a bee; Aint we in a pretty fix, With gold at fifty three. attached by any accusation, nor forejudged of life, or l/mb, nor it is lands, tenements, goods nor chattels seized into the Krug's hands, against the form oj the Great Charter and the Law of the; Land; (■->.) And by another statute made in the five and twen tieth year of the reign of the same King Edward the Third, if is accorded, assented, and established, that none shall be taken by petition, or suggestion made to the King, or to his council, unless it be by indictment cr presentment of good and lawful people <■/ the same neighborhood, where such deeds be done, in due maimer, or l>v process made'by writ original at the com mon law; and that none be put out of his franchise, or freehold, unless he be duly brought in to answer, and forejudged of the same by the course of the law: And if anything be done against the same, it shall he redressed, and holden for none. ('*) And oy another statute made in the eight and twentieth year of the reign of the same King Edward the Third, it is, amongst other things, enacted, That no man, of what estate or condition soever he be, shall be put out of his lands and tenements, nor taken, nor imprisoned, nor disinherited, without be ing brought in to answer by DUE PROCESS of LAW. (5) And by another statute made in the two and fortieth year ot the reign of the said King Edward the Third, it is enac ted, T1 nit no man be put to answer without presentment be- I fore justices or matter of record, or by due process and writ original, according to the OLD LAW of the land: And if anything be done to the contrary, it shall be void inlaw and i holden for error. (6) And by another statute in the six and thirtieth year of the reign of the same King Edward the Third, it is, amongst other things, Enacted, That all pleas, which shall he pleaded in any courts, before auv of the King’s justices, or in Lis other places or before any of his other ministers, or in the courts and places of any other THE LIKE JURISDICTION, AS IS OR HATH BEEN USED, PRACTICED OR EXERCISED IN THE SAID COURT OF Star-Chamber. 6. .Be it likewise declared, and Enacted by the authority of this present parliament, That neither his MAJESTY, NOR his PRIVY COUNCIL, HAVE, or OUGHT TO HAVE any jurisdiction, power or authority, by English bill, pe tition, articles, libels, or any other ARBITRARY WAY WHATSOEVER, to examine or draw into question, determine or dispose of the lands, tenements, hereditaments, goods or chattels of any of the subjects of this kingdom ; but that the same ought to be tried, and determined in the ordinary courts oj' justice and by the ordinary course of law. 6. And licit further provided and enacted, that if any lord chancellor or keeper of the Great seal of England ; lord treas urer, keeper of the king’s privy seal, president of the coun cil, bishop", temporal lord, privy counsellor, judge or justice whatsoever, shall offend, or do anything contrary to the pur port, true intent, and meaning of this law, then he or they for such offence forfeit the sum FIVE HUNDRED POUNDS oflawful money of England, unto any party grieved, his ex ecutors or administrators, who shall really prosecute for the same, and first obtain judgment thereupon to be recovered in any Court of record at Westminister, by actibn of debt, bill, plaint, or information, wherein no essoign, protection, wa ger of law, aid pray err, privilege,, injunction or order of re straint, shall be in ANY WISE prayed, granted or allowed, nor any more than one imparlance. (2) And if any person, against whom, any such judgment or recovery shall be had as aforesaid, shall, after such judgment or recovery, offend again, in the same, then lie or they for such offence shall forfeit the sum of ONE THOUSAND POUNDS oflawful money of England, unto any party grieved, his txecutors or administrators, who shall really prosecute for the same, and first obtain judgment thereupon, to be recovered in any court of record at Westminister, by action of debt, bill, plaint, or information, inwhich no essoign, protection, wager of law, aid prayer, privilege, injunction or order of restraint, shall be IN ANY WISE prayed, granted or allowed; nor any more than one imparlance. (3) And if any person, against whom any such second judgment or recovery shall be had as aforesaid, shall after such judgment of recovery offend again in the same kind, and shall he thereof duly convicted bv in dictment, information, or any other lawful way or means, that such person so convicted shall be from thenceforth DISABLED, and become, by virtue of this act INCAPA BLE, ipso facto, to bear las and their said office and offices respec tively. (4) And shall he likewise disabled to make any gift, grant, conveyance, or other disposition, of any of his lands, tene- Abein the White House Proclamation printing; Meadeon ibe-llapidan Afraid to do tbe fighting ; Seward in tbe Cabinet Surrounded by bis spies ; Halleck with tbe telegraph Busy forging lies ; lords within this realm, shall be entered and enrolled in Latin. (7) And whereas by the statute made in the third year of King Henry the Seventh, power is given to the Chancellor, the lord treasurer of England, for the time be ing, and the keeper of the King’s Privy seal, or two of | them, calling unto them a bishop, and a temporal lord of the King’s most honorable council, and the two chief jus tices of the King’s bench, and common pleas for the time being, or other two justices in their absence, to proceed as in that act is expressed, for the punishment of some particu lar offences therein mentioned. (S) And by the statute made iu the one and twentieth year of King Henry the Chase in tbe Treasury Making worthless notes Curtin at Harrisburg Making shoddy coats ; Gillmore at Charleston Lost iu a fog ; Forney under Abe’s chair Barikng like a dog ; Scbenck down at Baltimore Doing dirty work ; Butler at Norfolk As savage as a Turk ; Sprague in Rhode Island Eating apple sass ; Everett at Gettysburg Talking like an ass ; Banks out in Texas Trying to cut a figure ; Beecher in Brooklyn HowHtfg for the nigger ; Lots of Abolitionists Kicking up a yell ; In comes parson Brownlow And sends all to bell ; Eighth, the president of the council associated to join with 1 the lord chancellor, and other judges in the said statute of the third of lletiry tiie Seventh mentioned. (9) But the tsaid judges 'have hot kept themselves to the points limited by the said statute, but have undertaken to fftmish where no law doth warrant, and to make decrees for things, having no such authority, and to inflict heavier punishments, than by any law is warranted. 2. And forasmuch as all matters examinable or determin able before the said judges^ or in the court commonly called the star-chamber, may have their proper remedy and redress, and their due punishment and correction by tbe common law of the land, and in the ordinary course of justice elsewhere. (2) And forasmuch as the reasons and motives, inducing the -erection and continuance of that court do now cease. (3) And the proceedings, censures, and decrees of that court, have by experience been found to bean intolerable burthen to the subject, and the means to introduce an arbitrary pow- And for as much as the council ta- I mi nts, hereditaments, goods or chattels ; or to make any benefit, oj any gifts, conveyance or legacy, to his own use. 7. And every person so offending. shall likewise profit and loos e to the party grieved, by anything done, contrary to the true intent and meaning of this law, his tribledamages, which he shall sustain and he put unto, by means or occasion of any such act, or thing done; the same to be recovered in any of his Majesty’s courts of record at Westminister, by ac tion of debt, bill, plaint, or information, wnerein no essoign, protection, wager of law, aid prayer, privilege, injunction, or order of restraint, shall be IN ANY WISE prayed, granted or eillowed, nor any more than one imparlance. 8. And be it also provided and enacted, That if any per son shall hereafter be committed, restraineifcof his liberty,or suffer imprisonment, by the order or decree of any such court of star-chamber, or other court aforesaid, now, or at any time hereafter, having, or pretending to have, the same, or like jurisdiction, power or authority, to commit or imprison as aforesaid : (2) Or by the command or warrant of the king's Majesty, his heirs anil successors in their own person ; or by the command or warrant of the council-board ; or of any of the lords, or others of his Majesty's privy council; (3) That in every such case, every person so committed, restrained of his liberty, or suffering imprisonment, upon demands or motion made by his counsel, or other employed by him for that pur pose, unto the Judges of the court of king’s bench, or com mon pleas, in open court, shall, without delay, upon any pretence whatsoever, for the ordinary fees usually paid for the same, have forthwith granted unto him a writ of habeas corpus, to be directed generally uuto all and every sheriff, gaoler, minister, officer, or other person, in whose custody and government. (4) _ . . ble hath of late times assumed unto itself, a power to inter- j the person committed or restrained, shall be. (4) And the meddle in civil and matters only of private interest between ! sheriffs, gaoler, minister, officer, or other person, in whose party and party; and have AD YEN I’URED to determine of i custody the person so committed orrestramed shall be,shall, the estates and 'liberties of the subjects, contrary to the LAWS of] at the return of the said writ and according to the command thereof, upon due and convenient notice thereof, given unto him, at the charge of the party who requireth or prosecuteth it is the right of the people to alter or to abolish it, and to insti tute a new government, laying its foundations on such principles and organizing its powers in such form as shall scein to them most likely tueffect their safety and happiness.” 2nd, That tho best possible commentary upon this grand text of our fathers of 1776, is their accompanying action which it was put forth to justify ; and that action was the immortal Declara tion that tbe former political connectii n between the Colouies and the State of Great Britain was dissolved and the thirteen Colonies were, aud of right ought to be, not one independent State, but thirteen independent States, each of them being such a ‘people’ as had the right, whenever they chose to exercise it, to sepa rate themselves from a political association and government ot their former choice, and institute a new government to suit themselves. 3rd, That if Rhode Island, with her meagre elements of nation ality, was such a “people” i.i 17.76 when her separation from the government and people of Great Britain took place ; much mote was Georgia and each of the other seceding States, with their large territories, populations, and resources, such a “people,” and entitled to exercise the same right, in 1 Sol, when they decreed their separation from the government and people of the Fuited States; and if the separation was rightful in the first case, it was more clearly so in the last, the right depending, as it does in the case cf every “people,” for whom it is claimed, simply upon their fitness and their will to constitute an independent State. 4th, That this right was perfect in each of the States, to be ex- excised by her at her own pleasure without challenge or resistance from any other power whatsoever, and while these Southern States had long had reason enough to justify its assertion against some of their faitlness associates, yet, remembering the dictate ot “prudence” that •‘governments long established'should not be changed for light and transient causes,” they forbore aresort to its exercise until numbers of tlie Northern States, State after State, through a series of years and by studied legislation, bad ar rayed themselves in open hostility against an acknowledged pro vision of the constitution, and had at last succeeded in the elec tion of a President who was the avowed exponent and execution er of their faithless designs against the constitutional rights of iheir Southern sisters—rights which had been often adjudicated by the courts, and which were never denied by the abolitionists themselves, but upon the ground that the Constitution itself was void wheuever it came in coniiict with a “higher law” which they could not find among the laws of God, and which depended, for its exposition solely upon the elastic consciences of rancorous par- tizans. The Constitution thus broken and deliberately and per sistently repudiated by several of the States who were parties to it, ceased, according to universal law, tube binding on any of the rest, aud those States who have been wronged by the breach, were justified in using their right to provide ‘new guards for their future security.’ i>th, That the reasons which justified the separation when it took place, have been vindicated and enhanced in force by the subsequent com se of the government cf Mr. Lincoln—by his con temptuous rejection of the Confederate Commissioners who were sent to Washington before the war to settle all matters of differ ence without a resort to arms, thus evincing his determination to have war; by his armed occupation of the territory of the Con federate States, and especially by his treacherous attempt to re inforce his garrisons in their midst, after they had, in pursuance of their right, withdrawn their "people and territory from the juris diction of his government, thus rendering war a necessity and ac tually inaugurating the present lamentable war : by his official denunciation of the Confederate States as “rebel” and “disloyal” States for their rightful withdrawal from their, faithless associate States, whilst no word of censure has ever fallen from him against those faithless States who were truly “disloyal” to the l. niou and the Constitution which was the only cement of the Union, and who were the true authors of all the w rongand all the mischief of the separation, thus insulting the innocent by charg ing upon them the crimes of his own guilty allies ; and finally by his monstrous usurpations of power and undisguised repudiation of the Constitution, aud his mocking scheme of securing a llepub- lican form of government to sovereign States by putting nine tenths of tbe people under the dominion of one tenth who may be abject, enough to swear allegiance to his usurpation, thus betray- ingbis design to subvert true Constitutional Republicanism in the North as well as the South. 0th, That, while we regard the present war between these Con federate States and the Uuited States as a huge crime, whose be ginning is justly chargeable to the government of our enemy, yet we do not hesitate to affirm, that, if our own government, and the people of both governments, would avoid all participation iu the guilt of its continuance, it becomes all of them on all proper occa sions, and iu all proper ways, the people acting through their State organizations and popular assemblies, and our government through its appropriate departments, to use their earnest efforts to put an end to this unnatural, unchristian, and savage work of car nage and havoc. And to this end, we earnestly recommend, that, our government, immediately after every signal success of our arms, when none can impute its action to al^rra, instead of a sin cere desire for peace, shall make to the government of our enemy, an official offer of peace, on the basis of the great principle declar ed by our common fathers in 1776, accompanied by the distinct expression of a willingness, on our pari, to follow that principle to ed in tfie act of Congress referred to, neither have nor are I they entitled to have the sympathies of this General Assera-1 bly, nor the sympathies of any true and loyjtl citizen of then State of Georgia. We are engaged in a cruel war—our liberties menaced by an armed foe vvithout—the public safety endangered by Subtle and insideous foes within—the country and its government should be invested with the power to protect itself, as well against the subtle and dan gerous foes within, as against the armid foe without; and we see in this r.o cause of alarm for the safety of the pub lic liberty. - 4th, Resolved, That we have an abiding confidence in the ability, fidelity and patriotism of the President and Con gress ot the Confederate States, and although we are.not advised of the facts, the existence of which in the opinion of Congress, rendered the suspension of the Habeas Corirus necessary, yet we feel confident that the necessity existed, that the public safety demanded it, and that the operation of the act will terminate with the necessity which caused its enactment. RESOLUTIONS of the Hon. 1). H. Walker upon the recent Act of Congress suspending the privilege of the writ of Habeas Corpus. The General Assembly of the State of Georgia do re solve, 1st. That in suspending the writ of Habeas Corpus, the only right of which the citizen can be constitutionally deprived of is the privilege of testing the legality of his imprisonment by the regularly established courts of the country; that the provisions of the recent act of the Con federate Congress which suspends the writ of Habeas Cor pus, and confers upon the President, Secretary of War, or General Officer commanding the Trans-Mississippi Military department the powers to arrest and detain persons order ed to be arrested by them respectively, are not warranted by the Constitution ; that the Confederate Congress has not the Constitutional right to confer upon the President, Sec retary of War, or General Officer Commanding the Trans- Mississippi Military Department, or any other person what soever, except the Judiciary, the power to arrest citizens not in the Military or Naval service of the country; that tbe arrest of citizens not connected with the Military or Naval service of the country, without lawful warrant issued upon- probable cause, supported by oath or affirmation, is repug nant to the provisions of the Constitution. 2 id. That the preservation, limitation, and division of the powers of the Executive, Legislative and Judicial De-^ pirtments, contained in the Constitution, is absolutely nec essary for the protection of Constitutional Liberty. That in accordance with these principles, the Legislative power cannot confer upon the Executive the powers of the Ju diciary ; nor can the Legislative power usurp the powers conferred upon the Judiciary. 3rd. That in affirmance of the principles herein announ ced, it is the duty of tide people to respect the law until its Constitutionality can be tried by the Judiciary; and when decided, should be respected and obeyed by the poo- i pie, civil and military authorities. 4th. That our strong hope of success in this revolution in which all interests are involved, rest upou maintaining A I our Constitution with all of its rights, privileges and guar- ' 1 antees intact; and in requiring all the departments of tjovernment to keep within their Constitutional bounds. 5th. That our Senators and Representatives in the Con federate Congress be requested to cast their votes and use their influence in modifying said law, to make it conform to the principles herein announced. Burnside at Knoxville In a kind of fix ; Dalgrhen at Sumpter Pounding at the bricks ; Grant at Chattanooga Trying Bragg to thrash ; Is it any wonder The Uinon's gone to smash ? Printers. They are a class of men seldom, if ever appreciated. Their many excellencies of mind and worth are credited hut by few ; while the benefits they confer are numer ous and most valuable. Poor themselves, they have made many a man rich ; hard working they had caused lives of ease to multitudeshaving but few pleasures, they have whiled away many an hour of pain and weariness to others. Ignorance they have corrected, vice reproved, and spread far and wide the exemplariea of the LAND, eind the Rights and Privileges of. the subject, by which great and manifold mischiefs and inconveniences have arisen and happened, and much incertainty, by means of such proceedings, hath been conceived concerning men’s rights and estates; for settling whereof and Preventing the like in time to come, 3. Be it ordained and Enacted ity the authority of this pres ent parliament, That the said court commonly called the star-chamber, aiul all jurisdictions, power and authority, be longing unto, or exercised in the same court, or by any the judges, officers, or ministers thereof, be from the first day of August, in the year of our Lord God one thousand six hundred forty and one, CLEARLY and ABSOLUTELY dissolved, taken away, and determined. (2) And that from the said first day of August neither the lord chancellor or keep er of the Great seal of England, the lord treasurer of Eng land, the keeper of the King’s Privy seal, or president of the council, nor any bishop, temporal lord, privy counsel lor or-judge, or justice whatsoever, shall have any power or authority to hear, examine or determine any matter or thing whatsoever, in the said court, commonly called the Star-Chamber, or to make, pronounce, cr deliver any judg ment, sentence, order or decree ; or to do any judicial or Resolutions in relation to the Act of the Confederate Congress suspending the privilege cf the Wl it of Habeas Corpus. The General Assembly of the State of Georgia do Resolve, 1st, Under the Constitution of the Confederate States, Congress has the power to suspend the writ of Habeas Cor pus, and Congress alone has the right to judge of the exis tence of the exigencies which authorize its suspension. 2d, That the privilege of Habeas Corpus is justly regar ded a bulwark of personal liberty, and ought not to be de nied, except in cases which fall expressly and clearly within the contingencies provided for its suspension. 3d, That this General Assembly distinguishes between the right of Congress to suspend the writ of Habeas Corpus its true logical consequences, by agreeing that any bonier state an d the right to delegate to the President a power which whose preference for our association may be doublet', (doubtshav ing been expressed as to the wishes ot the border States) shall settle the question for herself, by a convention, to be elected for that purpose, after the withdrawal of all Military forces of both such writ, and upou security by his own bond given, to pay the charge of carrying back the prisoner, if he shall be re manded bv the court to which he shall be brought ; as in i sides, from her limits, like cases hath been used; such charges of bringing up, and That, we believe this course, <*u the part ot our govern- carryinghack the prisoner,to be always ordered by thecourt, mAt - would constantly weaken, and, sooner or later, break down ... - .... ,, - , , the war power of our enemy, by showing to his people the justice it any diflerauce shall arise thereabout; bring or cause to be | of osirca \ 1&e , our willingness to make peace on the principles of brought, tne body of the said party so committed or restrain 1 - -- - ----- - _ . 1776, and, the shoulders, on which rests the responsibility for ed, unto and before the Judges or justices of the said court, I t j ie continuance of the unnatural strife ; that it would be hailcd-by from whence the same writ shall issue, in open court. (6) j 0 ur people, and citizen soldiery, who are bearing the brunt of the And shall then likewise certify the true cause of such, his dc- war, as an assurance that peace will not be unnecessarily delayed, ministerial act in the said court. (3) And that all and eve morality. In a word wherever books and ery act and acts of parliament, and all and every article, papers circulate their workmanship is clause, and sentence - in them, and every of them, by which found in the beauty and finish of the print- a0 y jurisdiction, power or authority is given, limited or ap- e d page. „ . , . pointed unto the said court, commonly called the Star- Chamber, or unto all, or any of the judges, officers, or min- Who ever reflects, when reading the facinating book oi j aper,w hat l.ibiii its jiro- . thereof, or for any proceedings to be Lad or made in duction from the idea of the creator to the ’ , J 1 ,, e ,, , • , beautiful appearing of the printed page, the said court, or for any matter or thutg to be drawn into has cost ? Do they ever think that each question, examined or determined there, shall for so much letter had been put in place separately by as concernotii the said court of fetar-Chamber, and tiie pow- the nimble hand of the printer, and that er and authority thereby given unto it, be from the first to him and the taste of the proof reader, flay of August REPEALED aud ABSOLUTELY REYOK- is due the artistic execution of the finished je jj am j mu ff e l0 id. wkTched'rmnlc™'7; *■ And be it likewise Eneeted, That.the like jurisdiction and deciphered enigmas in style that would now used and exercised in the couit, betoie the president have puzzled the brain of a Newton ?— and council hi the marches of Wales; (2) And also in the How many a statesman ewes his distinc- court, before the president and council established in the tion for polished rhetoric, and beautifully northern ports; (3) And also in the court commonly called turned periods, and perfect acquaintance coul q G f the duchy of Lancaster, held before the chan- with the rules of punctuation, to some oh- C( ,j| or an( j f0ll ncil of that court; (4) And also in the court scure printer, who, out of a chaotic mass f 0 f t!ie county palatine of Chester, held before the has produced elegant order and arrange- , 11 ,l. lc . -i i *.u i. * /-\ m n • • menu How many a smooth .sounding chamberlain and council ot that court; (o) flje like juris editorial owes nearly all its excellence to diction being exercised there, shall, from the said jirst day the finished touch of the unnoticed and of August one thousand six hundred forty-one, be also RE- unknown journeyman ? No printer of any PEALED, and ABSOLUTELY REVOKED, * and made experience is without an excellent educa- VOID; amt law,prescription, custom or usage, or the said stat ion, and he understands better the power mar f c i n j/ ie third year of King Henry the Seventh, or the and formation of his language than the ^ ^ H t , je Eighth or Give then the printer his proper position any act or acts of parliament heretofore had or made, to the con- in tiie social world—that one which edn- trary thereof, in any wise notwithstanding. (G) AND THAT cation and attainments entitle him—among FROM HENCEFORTH NO court, council OV PLACE OF men of at i ity and discernment—thegreat JUDICATURE, SHALL BE ERECTED, ORDAINED, of whose reputation, by right, belongs CONSTITUTED OR APPOINTED WITHIN THIS part to the journeymen of the press. Cal. Sun March 1st. REALM OF England, OR DOMINION OF Wales, WHICH SHALL HAVE; USE, OR EXERCISE THE SAME, OR tamer,ov imprisonment,and thereupon the court, within three court days atter such return, made and delivered in open court, shall proceed to examine and determine, whether the cause of such commitment, appearing upon the said return, be just and legal or not, and shall thereupon do what to JUSTICE SHALL APPERTAIN, either by delivering, bailing, or remanding the prisoner. (G) And if anything shall be otherwise wilfully done, or omitted to be done by any judge, justice, officer or other person afore-mentioned, to the directions and true meaning hereof, then nor their sufferings unnecessarily prolonged; and that it would be regretted by nobody on either side,except men whose importance, or whose gains, would be diminished by peace, and men whose ambitious designs would need cover under the ever recurring plea of the necessities of war. RESOLUTIONS RELATING-TO THE SUSPENSION OF THE PRIVILEGES OF THE WRIT OF HA BEAS CORPUS. alone appertains under the Constitution to the Judicial de partments of the Government, and that, therefore, 4th, The recent act of Congress, in so far as it author izes the suspension of the writ iu reference to cases of ju dicial cognizance, is without authority iu tbe Constitution, and is plainly repugnant to those wise and salutary provis ion^ “that no one shall be deprived of life, liberty or pro perty without due process of law.” and that due process of law is a judicial process, supported by oath or affirmation. 5th, That enumeration of cases in said act embraces some offences which are not violative of military law, but which are solely the subject matter of judicial coguizance, do not come within the scope of military power, and no act of Congress can constitutionally confer upon tiie President the right to make or order such arrests. 6th, While this General Assembly feels an abiding confi dence in the known patriotism of the President, and his past devotion to State sovereignty, and an assurance that he will not abuse the high and responsible prerogative del egated in said act, yet, as sworn guardians of the Constitu- t on and defenders of popular liberty, the representa tives of the people ought always to watch with jealous eye any encroachment upon those rights, and ail attempts to claim ungranted powers. 7th, While this General Assembly holds the above enun- eontrary to tne directions and true meaning nereor, men; Whereas, The'Constitution of the Confederate States such persons so offending shal forfeit to the party graved, his . declares, that “the privileges of the writ of Habeas Corpus trible damages to be recovered by such means, and in such | 8 [j a |i not be suspended unless, when in cases of rebellion or manner as is formerly in this act, limited and appointed, for j invasion, the public safety may require it,” which is an ex- the like pena ty to ie sued for and recovered. I press delegation of the power to suspend the privileges of j ciated principles as applicable to the act in question, it sees the writ when the specified conditions exist; and whereas, j 110 just reason to fear from its passage a growth of the mil- it is known to the whole people that a war is being waged J itary over the civil power, any attempt to subvert or tram- against us by a cruel, vindictive and inhuman enemy seek- i p] e upon popular liberty, or any tendency towards central- ing oui subjugation, the overthrow ol our State and Con- ; L a tion of power ill Congress. 9. Provided always,and be it enacted, That this act and the several clauses therein contained shall be taken and ex pounded to extend only to the court of STAR-CHAMBER; (2) And to the said cowrt-bolden belore the president and council in the marches of Wales ; (3) And before the president and council in the Xorlhern ports ; (4) And also to the court commonly called the court of the duchy of Lancaster holden before tne chancellor and council of that court; (5) And also, in the court oi Exchequer, of the county palatine cf Chester, held before the chamberlain and council oi that court; (6) And to all courts of like jurisdiction to be hereafter erected, or dained, constituted, or appointed, as aforesaid; and to the warrants and directions of the council-board, and to the com mitments, restraints and imprisonments of any person or persons, made, commanded or awarded by the king's Majesty, his heirs or successors, in iheir own person, or by the lords, and others oj the privy council, and every one of them. And lastly, provided and be it enacted, That no person or persons shall be sued, impleaded, molested or troubled, for any offence against this present act, unless the party suppos ed to have so offended, shall be sued, or impleaded for the same, within two years, at the most, after such time, wherein the said offence shall be committed.. RESOLUTIONS declaring the ground on which the Cofifederato States stand in this war, and the terms ou which p. ace ought , to be offered to the enemy. (By Mr. Stephens.) The General Assembly o f the State of Georgia do Resolve, 1 st. That to secure the rights of life, liberty, and th8 pursuit of happiness, “governments were instituted among meD, deriving their just powers from the consent of the governed; that when ever any form of government becomes destructive cf these ends, federate governments, the subversion of our social and do- j sth. That when it is declared that the public safety re- mestic institutions, the confiscation of our property, the ! q U ired the suspension of the writ, and that the President desecration ot our altars and firesides, and the destruction has informed Congress of public danger, threatened in the ol our lives, our liberties, and all that we hold dear; mid I absence of the reasons existing, it must be assumed that that the armies ol this cruel enemy have not only invaded ; reasons of a potent nature were furnished, though not suffi- tho territory of the Con federate’States, but the territory of: c j e nt to authorize a departure from the landmarks of the every State composing the Confederacy ; and whereas, the ! Constitution, yet this assumption ought to inspire a charit- uational legislature, iu whom alone the power is vested by j a [>i e indulgence towards those who were d&ubtle^s actuated the Constitution ot determining when the public safety re- j ]jy the promptings of the highest patriotism and a devotion quires the suspension of the privileges of the writ of llabigis ( t y public duty. Corpus, have determined that the public safety now requires ! <jth. That in view of the principles above enunciated and it, and has, Dv its act, suspended its privileges in certain I keeping in view the lights of the Constitution which should cases ; and whereas, the facts communicated to Congress j ever guide the counsels of the nation, our Senators and showing the necessity fur such suspension have not, for oh- Representatives are earnestly requested at the earliest mo- vious and satislactory reasons, been made public, and hence ment to insist upon the modification of said acf, so as to are unknown to us. Be it therefore, 1st, Resolved, That the Congress of the Confederate States, by the suspension of the privilege ol the writ of Habeas Corpus, has exercised a power clearly and expressly granted in the Constitution. 2d, Resolved, That the limitation upon the suspension of the privileges of the writ to the cases specified in the act, shows that Congress and the President entertain a high re make it conform to, what is hereby declared to be the true limit of legislative power. 1 Otli, That our all as a people being at stake iu this mo mentous contest, subjugation with its attendant horrors im pending and- threatened, parties should be ignored, har mony and unity of action devoutly sought, bickerings and strife allayed, and looking to the great Ruler of the Uni verse for his blessings, all the resources of the country gard for the liberties ot the people and the privileges of should be employed towards a common end and purpose, the writ of Habeas Corpus, aud trives us assurance that tho that <md and nnm..w heintr t( Corpus, and gives us assurance that tho that end and purpose being to conquer an honorable and* act will be operative only upou proper and legitimate cases,! lasting peace, and transmit to posterity a country redeemed where the public safety requires it. j an d disenthralled"from the power of tyranny and despo- 3d, Resolved, That persons guilty of the crimes mention- tisra.

Georgia Historic Newspapers

The Confederate union. (Milledgeville, Ga.) 1862-1865, March 22, 1864, Image 1