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JULVllIVS.NISUET.BAKNIi.S&MUUliE
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ROIT.UTOV, j
II. VI .BKT. { «">'«••
Cje (Confederate Pinion
[t published Weekly, in Mi/JedgeviUe, Ga.,
Corner of Hancock and Wilkinson Sts.,
(opposite Court. House.)
At §10 a year in Advance.
OtR JIKW TERJIO.
On and after March 2J,1864, the Terun* of Sub
scription to tho Confederate Union, are Tis Dot.
lar", inv'aribly in advance. All indebtedness for
subscription to this paper, previous to June 1st. 1863,
lit* rate of Three Doll
CONFEDERATE UNION.
volume xxxiv.]
MILLEDGEVILLE, GEORGIA, TUESDAY, APRIL 19, 1864.
NUMBER 18.
liat the
[lain per year.
SPEECH
OF
HON. ALEXANDER H. STEPHENS.
ADVERTISING.
Transient.—Two Dollars per square of ten
lines for each insertion.
Tributes of respect. Resolutions by Societies, (Obit
nsries exceeding six lines.) Nominations for office.
Communications orElitoria! notices for individual
benefit, charged as Irantienl advertising.
l.Kt.At, Advertising.
Sheriff's sales, per levy of ten liues, or less, $0 00
“ Mortgage fi fa sales, per square, 10 00
Tax Collector's Sales, per square, "> 00
Citations for Letters of Administration, 5 00
«« •• «• Guardianship, 5 00
DELIVERED BEFORE
THE GEORGIA LEGISLATURE ON
Wednesday Night, March I61I1,1864.
Guard'll 8 <10
8 00
6 00
8 00
•2 00
5 00
2 00
Appl'n for leave to sell land and negroes,
Notics to Debtors and Creditors.
Sales ot land or negroes, per square,
“ perishable property, 10 days, per sq.
Bstray Notices, 30 days.
Foreclosure of Mortgage, per square,
LEGAL ADVERTISEMENTS.
Sales of Land and Negroes, by Administrators, Ex
ecutors or Guardian*, are required b(| law to lie hold
en the first Tuesday in the month; between the hours
•f 10 iu tho forenoon and three in the afternoon, at the
Court house in thecouoty iu wnich the property is
situated. , . . ,
N'oticeof these sale* must be given ,n apubhegn-
tettedO da vs previous to the day of sale.
Notice* for the -ale of personal property must be
riven is like maunei 10 days previous t*> sale day.
Notices to the debtors and creditors of an estate
moat also he punished 40 days. . „ , .
Notice that application will be made to the Court 01
Ordinary for leave to sell Laud or Negroes, must he
published for two months. .. . .
CUatisnt for letter* of Administration Guardianship,
to must b» published 3U days—for dismission from
Administration, monthly six months—for dismission
from Guardianship, 40 day*
Rules for foreclosure of Mortgage must he published
monthly for four ?nontks—for establishing lost papers,
for the full space of three months— foreompellingtitle*
from Executors or administrators, where bond has been
given by tho deceased, the full space of three months.
Publications will always he continued according to
these, Hie legal requirements, unless otherwise ordered.
To T*i Kccrivers.
The Comptroller General furuishe* each Receiver j
Tax Return* with three Books. If any Receiver
wishes an ExtraAiook, or sheets for a blotter, we w iit
furnish him at the rate of 50 cents a sheet. One dollar !
extra if the sheets are bound.
PRES S
FOB. SAXsS.
A Double-cud Adam’s Powej Press,
in perfect order. We have used it and can ;
recommend it. Bed 2?S*t 40.
BOUGHTON, MSBET A BARNES.
42 tf.
LL^ rn iriti in UQIir aL i j v p v •> j i i ^ c spirit tiic DUGfl^t ot tlie people, devoti
nihlp ,T, I".*" r d f»™. ”< Georgia^proud and liberty and right, hatred of tvrarmy and oppLdon, affi
joy ' and * 1,eart ^ Dd ^ with
unanimous applause bid him welcome.
Mr. Stephens ascended the Speaker's stand and spoke as
follows :
Gentlemen of (he Senate
and House of Representatives :
] Savannah, was taken by the enemy. Philadelphia was ta-
[ ken, and Congress driven-away. Smith Carolina, North
( Carolina, portions of Georgia, Virginia, and other States,
i were overrun and occupied by the enemy as completely as
Kentucky, Missouri, Louisiana and Tennessee are now.
! Take courage from the example of your ancestors—disasters
! caused with them nothing like dismay or despair—they onlv
aroused a spirit of renewed energy and fortitude. The prin
ciples they fought for, suffered and endured so much for,
are tlie same for which we are now struggling. State rights,
State sovereignty, the great principle set forth in the De-
...... , claration of Independence—the right of every State to trov-
llleported for the Atlanta Intelligencer hy A. E. Marshall, ami i ern itself as it pleases. With the same wisdom, prudence,
revised hy himself] . forecast and patriotism; the same or equal statesmanship
ai+i,o li.,,, „ 3 v it , i i -»r xil x on the part of our rulers in directing and wielding our re-
l,-„fJ!n S t r ' a half ° c! P ck ’ 1 • f •’ tta 1 ’? 11 "Oirce*, our material of war, .bat controlled public affair,
L.tt.M .(.rrlicion diam’n. (r.m Ad,,'. 8 no 1^,,?, ' „ S u ‘ m0 “ “R*"*)' , b - v maraberS . <* tl,e j «» tf.at time in the camp and in the Cabinet, and will, the
p f^ Wat Sr? and ‘ f . S*"*™ 1 '* ,1 .' e va8t “ sem :! »me spirit animating the breast of I be people, devotion to
affection
sentiments
and feelings on the part of rulers and people in these days as
were in those, we might and may be overrun as they were;
our interior may be penetrated by superior hostile armies,
and our country laid waste as theirs was, hut we can never
j be conquered, as they never could be. The issues of war
. ! depend quite as much upon statesmanship as generalship;
Incompliance with your request, or at least with that of, quite as much upon what is doneat the council board as up-
a large portion of your respective bodies, I appear before | 0 n what is done in the field
you to-night, to speak of the state of public affairs. Never, Much the greater part of all wars, is business—plain
practical every-day life business; t.liere is in it no art or mys
tery or special knowledge, excep good, strong, common
sense—this relates to the finances, quartermaster’s and com
missary’s departments, the ways and means proper—in a
word to the resources of a country and its capacities for
war; the number of men that can be spared from produc
tion, without weakening the aggregate strength—the pros
pect of supplies, subsistence, arms and munitions of all
kinds. It is as necessary that men should be armed, cloth
ed, shod and fed, as that they should be put in the field
subsistence is as essential as men. At present, we have sub
sistence sufficient for the year, if it is taken care of and
managed with economy. Upon a moderate estimate, one
within reasonable bounds, the tithes of wheat and corn for
last year were u'ot less in the States east of the Mississippi,
(to say nothing of the other sidej than eighteen million bush
els. Kentucky and Tennessee are hot included in this esti
mate. This would bread an army of five hundred thousand
men and one hundred thousand horses for twelve months,
and leave a considerable margin for waste or loss. This we
have without buying or impressing a bushel or pound. Nor
need a bushel of it be lost on account of the want of trans
portation from points at a distance from railroads. At such
places it could he fed to animals, put into beef and pork,
and thus lessen the amount of these articles of food to be
bought. Upon a like estimate the tithe of meat for the last
year will supply the army for at least six months—render
ing the purchase of supplies of this article necessary for on
ly half the year—the surplus in the country, over and above
the tithes, is ample to meet the deficiency. All that is want
ing is men of business capacity, honesty, integrity, econo
my and industry in the management and control of that de
partment. There need be no fear of the want of subsist
ence this year, if our officials do their duty. But how it
will be next year, if the policy adopted by Congress, at its
late session, is carried out, no one can safely venture to say.
WBSBOm .
Police to Debtors and Credi
A LL prrson* having ihtittKirda sgi
late nt B<tnj*<nii> James anti
James, late ot Pu ree county, deceits* <1, mill
sent them duly authenticated vidun Urn time
•enbed by law, j.ut all 4 erfens indebted to 1
estate*, are requested to make Ifcatediawj^tymrnt
WILLIAM T ;!Ait£8, Adm’r-
February 12lh. 1864, Pd *4 "“dUbt
■ ; : • ' <Ajs.it —
GEORGIA,
Never,
perhaps, before, have I arisen to address a public audience
under circumstances of so much responsibility, and never
did I feel more deeply impressed with the weight of it.
Questions of the most momentous importance are pressing
upon you for consideration and action. Upon these I am to
address you. Would that my ability, physically, and in all
other respects, were commensurate with the magnitude of
the occasion. We are in the midst of dangers and perils.
Dangers without and dangers within. Scylla 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, degradation and extermination.
From this quarter threaten the perils without. Those with
in arise from questions of policy as to the best means, the
wisest and safest, to repel the enemy, achieve our indepen
dence, to maintain and keep secure onr rights and liberties.
Upon the decision of these questions?, looking to the proper
development of our limited resources, wisely and patriotic
ally, so that their entire efficiency may be exerted in our de
liverance, with at the same time a watchful vigilance to the
safety of the citadel itself, as much depends upon the skill
of onr commanders and the valor of our citizen soldiers in
the field. Everything dear to us as freemen is at stake. An
j error in judgment, tligugh springing from the most patriot^
motives, whether in councils of war or councils of State,
may be fatal. He, therefore, who rises under such circum-
stances to offer words of advice, not *nly assumes a position
! of great lesponsibility, but stands upon dangerous ground.
„ , , Impressed profoundly with such feelings and convictions, I
WE have a few copi#»* of thf* LAd S pasted at Inst . 1 , , . • i r A j . i •
Session, are now bomidin Paper Cover*, ou<) remiyfur j should shrink from the undertaking you have called me to,
Sals, at $3 a copy, at office, and $3 50 when sent by j f or £] )e s t ron g consciousness that where duty leads no
M aur. or pratou<e - | one should - ever fear to tread. Great as are the dangers that
threaten us, perilous as is our situation—and I do not in-
I tend to overstate or understate, neither to. awaken undue
apprehension, or to excite hopes and expectations never to
be realized—perilous, therefore, as our situation is, it is far,
far from being desperate or hopeless, and I feel no hesita
tion in saying to you, in all frankness and candor, that if we
are true to ourselves and true to our cause, all will yet be
well.
1 In the progress of the w!tr thus far, it is true there is
! much to be seen of suffering, of sacrifice and of desolation;
much to sicken the heart and cause a blush for civilization
; and Christianity. Cities have been taken, towns have been
sacked, vast amounts of property have been bunted, fields
have been laid waste, records have been destroyed, cliurch-
! es have been desecrated, women and children have been
driven from their homes, unarmed men have been put to
death. States have been overrun and whole populations
made to groan under the heel of despotism; all these things
I are seen and felt, but in them nothing is to be seen to cause
! dismay, much less despair; these deeds of ruin and savage
agricultural aud other interests, or for the execution of your
laws, and to be called out for the public defense in case of
emergency by the Governor when he sees the necessity, or
when they are called for as militia by the President. The act
upon its face, in its provisions for details, seems to indicate
that its object is not to put the whole of them in the field.
Nothing could be more ruinous to our cause if such were
the object and intention and should it ever be carried into
effect. For if all the white labor of the country, from se
venteen to fifty—except the few exemptions stated—be
called out and kept constantly in the field, we must fail,
sooner or later, for want of subsistence and other essential
supplies.
To wage war successfully, men at home areas necessary
as men in the field. Those in the field must be provided for,
and their families at home must be provided for. In my
judgment, no people can successfully carry on a long war,
with more than a third of its arms-bearing population kept
constantly in the field, especially if, cut off by blockade,
they are thrown upon their own internal resources for all
necessary supplies, subsistence and munitions of war. This
is a question of arithmetic on well settled problems of po
litical 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? Yes, a thousand
times, I answer, with proper and skillful management. If
we cannot without such a call, we cannot with it, if the
war last long. The success of Greece against the invasion
by Persia—the success of the Netherlands against Philip—
the success of Frederick against the allied powers of Europe
the success of the colonies againstGreat Britain—all show j oor Chief Magistrate
Mitchell County.
S L\ 11 DAYS af.ur 4«te (*ppIT«tHon will hn
maJe to the Court «tOrdinary, rrf^tfd county, .
or leave to sell a ne^ro woman. Rackvll aucitt
forty year* old, at the properly vf Bethuun P
Hoxtick deceased, for distribution.
March 2t>th 1864. K. D. FAIRCLOTlt, AUr&’r.
- 46 t»t Paid,
people to be secure in their persons against “nureasonable sei
ures.” It attempts to destroy and annihilate the bulwark 1
personal liberty, secured in our great chart to the'humblest
well as the highest, that “no warrants shall issue but upon pi
bable cause, supported by oath or affirmation,and'“parti<mlai
describing tbc person to be seised.” 'Nay more, it attemps
change and transform the distribution of powers in our system
government. It attempts to deprive the Judiciary Dcpartmeu
of its appropriate aud legitimate functions, and to Qorvier then
upon the President, the Secretary of War, and the General of
ficer commanding the Trans-Mississippi Department, or ratbei
to c infer them entirely npon the President, tor those
ates named in the Act hold their places at his will, and iu arresti S
under this Act are to be governed by his orders. This, by thi
Constitution, never can be dauc. Qurs is not only a govern
ment of limited powers, but each department, the legislative, ex
ecutive and judicial, are separate and distinct. Tbe issuing "
warrants, which are nothing bnt orders for arrests against cit
ians or persons in civil life, is a judicial function. The Pre
dent, under the Constitution, has no power to issue any such.,
commander-in-chief of the land and naval forces, and the militii
when in actual service, he may order arrests for trials I
Courts Martial, according to the rules and articles of war.
he is clothed with no such power over those not in the militai
service, and nut subject to tbe rules and articles «f wai\ r l
Art attempts to clotbo him with judicial functions, and in
diciai character to do what no Judge, under the Constitution;
can do: issue orders or warrants for arres-t, by which persons are
to be deprived of their liberty, imprisoned, immured in dungeons,
it may be without any oath or affirmation, even as to the proba
ble guilt of the party accnsed or charged with any of the of
fences or acts stated. This, under the Constitution, in my judg
ment, cannot be done. Congress can confer no such power upon
Milledgeville, March 10th. 1MJ3.
LAWS OF 1863.
book-binding.
The Subscriber is now prs
pared to do Sooli-Eind-
ing, iu uB its branches.
Qld Books rebound, &c.
MUSIC bound in the best style. Blank Books
manufactured to order. Prompt attention v.illbe
given to aiJ work entiusted to me.
S. J. KIDD.
Bindery in 4'aafedemtc Cation Office.
Milledg%ville t Jan. 1st, 18(>4.
Western & Atlantic
(State Railroad.
Atlanta to Chattanooga, J38 Miles, Fare $6 00
JOHN S. ROWLAND, Sitt-
Pn.arngrr Train.
Leave Atlanta at 7 30 P. M.
Arrive at Chattanooga at 4 57 A. M.
barbarity have been perpetrated only, on the outer borders, j j. 0 _j n j 0n ( j 0 n0 barm when truth
. 1 „ 1 linn nf rl t’OrU whorP nV IMP Hit! I .... _ . .
4 on A. M.; on the coast, and on the line of the rivers, where by the aid
5 15 P. M. t j, eir 8}l jj (S 0 f war an( j gunboats the enemy has had the
This brings me to the main objects of this address, a re
view of those acts of Congress to which your attention has
been called hy the Governor, and on which your action is
invoked—these are, the currency, the military, and the ha
beas corpus suspension act!. It is the beauty of our system
of government, that all in authority are responsible to the
people. It is, too, always more agreeable to approve than
to disapprove what our agents have done. But in grave
and important matters, however disagreeable or even pain
ful it may be to express disapproval, yet sometimes the
highest duty requires it. No exceptions should be taken to
this when it is done in a proper spirit, and with a view sole
ly for the public welfare. In free governments men will
differ as to the best means of promating the public good.
Honest differences of opinion should never beget ill feelings
or personal alienations. The expressions of differences
alone is the obj
ect on both sides. Our opinions in all such discus-
that it can be done. If our only hope was in matching the
enemy with equal numbers, then our cause would be des
perate indeed. Superior numbers is one of the chief advan
tages of the enemy. We must avail ourselves of our ad
vantages. We should not rely for success by playing into
his hand. An invaded people have many advantages that
may be resorted to to counterbalance superiority of num
bers. These should be studied, soqght and brought into ac
tive co-operation. To sequre success, brains must do some
thing as well as muskets.
Of all the dangers that threaten our ultimate success, I
consider none more imminent than the policy embodied in
this act, if the object really be, as its broad terms declare, to
put and keep in active service all between the ages of seven
teen and fifty, except the exempts named. On that line we
There is no such thing known in tms
rrants, or “letters de catchet.” This Act
country as political warrants
attempts to institute this new order of things so odious to our
ancestors, and so inconsistent with constitutional liberty.
This Act, therefore, is unconstitutional, not because Congress-
has not pow'er to suspend the privilege of the writ of habeas
corpus, but because they have no power to do the thing aimed at in
this attempted exercise of it. Congress can suspend the privi
lege of the writ—the power is clear and unquestioned—neither
is the power, as it stands, objectionable. Georgia, in the Con
vention, voted against the clause conferring it in the Constitution
as originally adopted—-that, perhaps, was a wise and prudent
vote. But, with the restrictions subsequently adopted, there
can be no well grounded objection to it. It is, under existing
restrictions, a wise power. In-time of war, in cases of rebellion
or invasion, it may often be necessary to exercise it—the public
safety may require it. I am not prepared to say that the pub
lic safety may net require it now. I am not inforhted of the
will most assuredly, sooner or later, do -\v4iat the enemy reasons which induced t*he President to ask the suspension of the
never conld do, conquer ourselves. And if such be not the j privilege of the writ at this time, or Congress to undertake its
advantage; the great hreadtli of the interior—the
- . , , c • gions of public affairs should be given as from friends to
—the heart ot _. , 1 c u xi A •
i friends, as from brothers to brothers, in a common cause.
Leave Atlanta at
Arrive at Chattanooga at
Arrotnniadalion Pnaarngrr Train.
Leave Atlanta — •••• 2 40 P.M.
Arrive at Kingston. ' <» 57 P. M.
LeaVe Kingston 4 30 A.M.
Arrive at Atlanta - 8 45A.M.
This Road connects each way with the Rome - V - tmurmY on/4 hundreds arise, eA _
Branch Railroad at Kingston, th<* EnstTennesae# lions of dollars (how much more is unkno\ ) to be adopted, or course to be pursued, for
x Cb.tu„.o C , K.ilrq/d of thousands of Uv-., been »«• tb. «ter*etl ttle commo(1 «fc ty . This to the spirit by which I an, act,.-
our country—has never yet been reached ty em * j We are ail launched upon the same boat, and must ride the
have as yet, after a struggle of near three years, u in tin 1 storm or go down together. Disagreements should never
limited means, at a cost of not less than four ,nl i ar ise, except from one cause—a difference in judgment as to
nranen Ka.troaa at n... E Mt>,.,(uwx, HBl a..,lions of dollars (how much more is unknown) and hundreds best meaHjJ t0 b « -
J Of thousands of lives, been ableonlyto break the outer shell ^ commofl 8afety . _ „ „„„ optI1(f * .u*
ot the Confederacy- The onlj signal a ‘ ' ! s , - , , ated in the comments 1 shall make upon these acts of Con
ns vet gained have been on the water, or where their land . g a
11ERTY it HALL. * ni,d naval forces were combined. t ..ol's witter As to the first two of these measures, the tax act and
D I S SOL D T I 0 1» K.O T I C E. S 0 fZich ^’“rprfse! "SrioTin'war, like individual men or , f«n<H»g act, known together as the financial and currency
„ . „ „ T, . a. n i 01 ,n JCn 8U " , \ , . s , L on .Lop cfnnd measures, I stmplv say, in my judgment, they are neither
rf"HE firm of Herty & Hail, Druggists, at jtiiiedge-i - l show their real power in combat when they stano ’ . * * J ,, J ■ e .,
1 vine, Ga.. is ti.i, day dissolved by limitation in the ! animals, snow uteit real pj proper, wise, or just. Whether in the midst of conflicting
• ■ ■**«• o' the firm are , u , u p 0 „ the advantages that nature has given: them, arm ngnt ( P i guch dive rsity of opinions, and interests, anything
on their own ground and ,n their own e ement. The Iron., ■ b „ 4 tal „‘ ed , j know not _ perh aps not.
I though king o the forert,_cannot contend •««*»£«/ | wm , th>t view we may be reconciled to what we do not
i tlie shark m the water. # In no con ic o ^ ^ ^ annrove. It is useless now to eo into discussions of how
original agreement. Tlte assets ol the firm are in
hand of Bernard llerty who alone is authorized to
collect and pay out. All persons having demands
against firm are requested to hand then) in, and
thoae inJKited are requested to pay up immediately
to him.
BERNARD R. HF.RTY.
T. HARTLY HALL M D.
January lat, 1864. 37 tf.
gunboats, during the whole war, since the first battle of j approve.
irmg tlie wnoie wa , ,, x. so i d ; ers ! better measures might have been obtained, or how bad ones
Manassas to that of Ocean R° n ^’ a a t a ll might have been avoided—the whole is a striking illustra-
Bill far lajanclian and Itrlirf and (taker
Sajterior Csart. to tin. Term, 1M>4.
David S. Dunlap and Wito, Maitha Jane Dun'ap,
SDd other*, Heairs at J -aw of William Bateman,
deceased, vs. James E. Al'.en and Charlton F.
Smith. Adtn'r. of Nancy Young Allen, dee d.
Is Chambers, Albany, Ga., Jan. 3l>th, 1664.
failed of victory when the numbers on each siae were
equal. The farthest advance -into the interior frorp the
j base and protection of their gunboats, either on the coast oj
tlie pnemv has been able to make for three j . ...
the rivdPi, that the enemy u«uw«j» , , . MoriHinn- their origin in a
| years was the late movement from \tcksburg to Meridian, S .
‘and the speedy turn of that movement shows nothing more
tt appearing to the Court, that Jame s e. Allen. ; cl«arlv than the difficulties and disadvaotages attending all
X oneof the Defendants in the above stated Bill,! q these things should be noted and marked in •
reside* in the State of Alabama, and beyond the . ’ oitiiatioil and the prospects of the future. In
jurisdiction of this county. It is therefore Order- ! mg our present Situation Lite 1 F ^
ed, that serviceon said James E. Allen, be periect-) a |l our lossei up to thl8 time, no \ o+ill hnld
ed by publication in the Confederate Union, once | • pither to OUT cause Or OUT energies. we situ uu
a month for four months, previous to the next rd' cu ronantpil efforts to take it. both by force and
Term of Baker Superior Court, to be held on the ! Richmond, after repeated enorts lo W j
3d Monday in May next, and that he plea I Answer stra te"V. We still hold OU the Gulf, Mobile, and on t te UCeau
or Demur, not demurring alone on or before (he j \v;irvGmrtnn Savannah, and Charleston. IJtese pla-
“ J -' —• T "E,CHARn H.CLARK, bSfSS « Ml held Again,, the n.o/t fonnida-
S,,P s. C w”S: bin naval direct all their power,
j that can be brought to bear in combination
Febromj 2d, 1864. j » • ^ npr£? v rancor and vengeance. Cart Inigo delen
THOMASALLF.y. Clerk. this devoted city. Every means
OEOMA.rrfcxthat mo,lev can command and ingenuity suggest, from the
\VIIKKEAS John Tillman administrator of Jams* moue J ~ nPVPr before known, tO the fiendish
MoGauley represent* to tho court, that he bn* Injcjest engines Ot " ar u , i-_ onnlipd for its
tuny adminestered Jame* McCauley’s estate f f ? rpp b f irc , have been Slid are being applied Tor US
This is therefore, to cite all persons concerned, rCSOTt 01 Lifet- , • p nl0 nths the CltV, Under tllC
kindred and creditors, to show ennse if any they can, < j eg j. | . uc j-j 0 n. ”
For nearly nine months t - . ,
J ander, his subordinates, and
why said administrator should not be discharged1 from j ..... _ prt a, s ,,mmate COmnianUL.,
his administration, and receu e letters of dismission on skill Ol OUT COIiuu hrnv“8 in the ranks, Still
the first Monday in June 1864 f u p Lproic virtues of OUr matchless Drav-S
• y LIGHTSEY, Ordinary A. c. ; the heroic \ ir disad»anta
November 2nd 1863.
GEORGIA, Berrien County.
YVHEREAS, James Turner applies to me for
I* letters of dismission from the Administrator-
skip of Francis Ray, deceased.
All persons interested will takp notice, and file
objections, if any, by tbe first Monday in July
sext, otherwise letters will be granted,
j Witness my official signiture, January 11th,
H. T. PEEPLES, Ord’y-
Paid $6 35 m(im.
T WO MONTHS after date application will b
made to the Court of Ordinary of Appling
county, for an order to sell the land belonging to
'he estate of Christopher Cbancey, late of aaid
coucty deceased.
, HUGHEY CHANCEY, Adm'r.
January 11,1864. J L 36 9*
Virtues o di9ad?ant age8 ofa defence without
holds out against »” | ^j^? coll 51iuetoholdout f andher.
suitable naval aid. T h y j d footprin t8 of her
| soil never be P® 11 the earnest wish of all. But
vandal besiegers, 1 ’ happen to us as the loss of
even if so great a JXm a Ve d n dulge no sentiment akin to
I Charleston, be^t d^ ^ pflrt w may
| that of despair L’ Mobi i e> Wilmington, and even
lose that place, b , ernmentj aD d still survive. TVe
Richmond, the sn»^fS es _ the m ay traverse onr
! may lo8e al ! our i iaV e lately done in Mississippi, and
grebt interior as * y should even under such calami-
we may still surVl ^ than olir ancestors were in their strug-
tie., be no worse offtbnn onr a ^ ^ „ tried me „,,
gle for inJspMte 1 • '* the ceaat, from Boston to
gouls” With them, every ^ y
tion of the evils attending first departures from principle—
the “facilis descensus Averno.” Error is ever the prolific
source of error. Our present financial embarrassments had
blunder at the beginning; but we must
deal with tlie present not the past. These two acts make it
necessary for you to change your legislation to save the
State from loss. As to the course you should adopt to do
this, I know of none better than that recommended by the
Governor. His views and suggestions on this point seem to
be proper and judicious.
The military act by which conscription is extended so as
to embrace all between the ages of seventeen and fifty, and
by which the State is to be deprived of so much of its labor
and stripped of the most efficient portion of her enrolled mi
litia, presents a much graver question. This whole system of
conscription I have looked upon front the beginning, as radi
cally wrong, in principle and policy. Contrary opinions, how
ever, prevailed. But whatever differences of opinion may
have been entertained as to the constitutionality of the pre
vious conscript acts, it seems clear to my mind that but
little difference can exist as to the unconstitutionality of this
late act. The act provides for the organizing of troops of
an anomalous character—partly as militia, and partly as a
portion of the regular armies. But, in fact, they are to be
organized neither as militia nor part of the regular army.
We have but two kind of forces, the regular army and the
militia—this ie neither. The men are to be raised as con
scripts for the regular 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 the
Governor, in their present organizations; if as regular for
ces, they cannot be officered as the act provides. It is most
clearly unconstitutional. Wh’o is to commission these offi
cers? The Governor cannot, for they are taken from under
his control; the President cannot constitutionally do it, for
he can commission none except by and with the advije and
consent of the Senate. It is for you to say whether you
will turn over these forces, and allow them be conscript
ed, as i* provided, leaving tbe question of constitutionality
for the courts; or whether you will hold them in view ol
object of the act—if it is only intended to conscript men
not intended for service, not with a view to fill the army
but for tlie officials, to take charge of the general labor of
the country and the various necessary avocations and pur
suits of life, then the act is not only wrong in principle, but
exceedingly dangerous in its tendency.
I come now, to the last of these acts of Congress. The
suspension of the writ of habeas corpus in certain cases. This
is the most exciting as it is by far the most important ques
tion before you.- Upon this depends the question, whether
the courts shall be permitted to decide upon the constitu
tionality of the late conscript act, should you submit that
question to their deoisi«M»; and upon it also depends
great essential rights enjoyed by us as freemen. This act,
upon its face, confers upon the President, the Secretary of
War, and the General commanding in the trans-Mississippi
department fthe two latter acting under the control and au
thority of the President,) the power to* arrest and imprison
any person who may be simply charged with certain acts,
not all of them even crimes under any law; and this is to
be done without arty oath or affirmation alleging probable
cause as to the guilt of the party. This is attempted to be
done under that clause of the Constitution, which authori
zes Congress to suspend the privilege of the writ of habeas
corpus, iu .certain cases.
In my judgment this act is not only unwise, impolitic and
unconstitutional, but exceedingly dangerous to public lib
erty. Its unconstitutionality does not rest upon the idea
that Congress has not got the power to suspend the privi
lege of this writ, nor upon the idea that the power to sus
pend it is an implied one, or that clearly implied powers are
weaker, as a class, and subordinate to others positively and
directly delegated.
Ido not understand the Executive of this State, to put
his argument against this act upon any such ground. He
simply states a fact, as.it most clearly is, that the power to
suspend at all is an implied power. There is no positive,
direct power delegated to do it. The power, however, is
clear, and clear only by implication. 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 ntay require it,” clearly express
es the intention that the power may be exercised in the ca
ses 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 implication only. It is not positively and di
rectly given. This, and this only, I understand the Governor to
mean when he speaks of the power be*iDg an implied one. He rai
ses no questions aa to the existence of tlie power, or its validity
when rightfully exercised hut he maintains, as I do, that its exer
cise must bo controlled by all other restrictions in the Constitu
tion bearing upon its exercise. Two of these are to be found in
the words accompanying the delegation. It can never be exer
cised except in rebellion or invasion.
Other restrictions arc to be found in other parts of the Constitu
tion* Iu the amendments to the Constitution adopted after the
ratification of the words as above quoted. These amendments
were made, as is expressly declared iu tlie preamble to tbem, to
add “further declaratory and restrictive clauses,” to prevent mis
construction or abuse ot the powers previously delegated. To un
derstand all the restrictions, therefore, thrown around the exer
cise of this power in the Constitution, these additional “restrictive
clauses” must be read in conjunction with the original grant
whether that was made positively and directly, or by implication
only.
These instructions, among other things declare, that “no per
son shall be deprived of life, liberty or property without dne pro
cess of Jaw,” and that “tbe right of the people to be secure in their
persons, houses, papers and effects, against unreasonable searches
an<L seizures shall not be violated, and no warrants shall issue
but upon probable cause, supported by oath or affirmation, and
particularly describing the place to be searched, and the person
or tbiDg to be seized.”
All admit that under the clause as it stands in the original
grant, with the restrictions there set forth, the power can be
rightfully exercised only in cases of rebellion or invasior. With
these additional clauses, put in as further restrictions to prevent
the abuse of powers previously delegated, how is this clause, con
ferring the power to suspend the privilege of the writ of habeas
corpus now to be read 1 In this way, and in this way only:
♦ “ The privilege of the writ ol habeas corpus shall not be sus
pended, unless when in cases of rebellion or invasion the public
safety may require it.” And no person “shall be deprived of life,
liberty, or property, without dne process of law.” And further,
“The tight 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 but npon prob-
bable cause, supported by oath or affirmation, aud particularly
describing the place to be searched, and the persons or things to
be seized.”
suspension as provided in this Act. I, however, know of no
reasons that require it, and have heard of none. But.in the ex
ercise of an undisputed power, they have attempted to do just
what cannot be done—to authorize illegal and unconstitutional 1
arrests—there can be no suspension of tlie writ, under onr sys
tem of government, against unconstitutional arrests—there can
be no suspension allowing, or with a view to permit and author
ize, tbe seizure of persons without warrant issued by a judicial
officer upon probable cause, supported by oath or affirmation—-
the whole Constitution must be lead together, and so read and
construed as that every part and clause shall stand and have its
proper effect upon tbe restrictions of ether clauses.
if any <*onliict arises between clauses in tbe original and tbe.
amendments subsequently made, the original must yield to the
A» * will previously made always vields to tbe
modifications of a couic^.' x.. * , ,, - - . Mi j,.■imditinn
of the old Constitution with its amendments, when tne cHReS*
of this Confederacy adopted it—and it was adopted by these
States with the meaning, force and effect it then had. In con-
Tbe attempted exercise of the power to suspend the privilege
of the-writ of habeas corpus in this act is in utter disregard, in
the very fhee and teeth of these restrictions, as ntnch so as alike
attempt in time of profound peace would be in disregard of the
restrictions to cases of rebellion and invasion, as the constitution
▼as originally adopted. It attempts to provide for depriving
persons of “liberty wjthout duo process of law.” It attempts to
annul *nd get at naught the great constitutional “right” of tbe
struing, therefore, those parts of tbc old Constitution which we
adopted, we stand just where we should have stood under like
citcumstances, under it. With these views it will clearly appear
that under our Constitution, Courts cannot be deprived of their
right or be relieved of their duty to enquire 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 tbe Constitution. Under a Con
stitutional suspension of tbe privilege of the writ all the Coarts
conld do, would be to see that the party was legally arrested and
held—upon proper warrant—upon probable cause, supported by
oath or affirmation setting forth a crime of some violation of lav
Literally and truly then the only effect of a Constitutional ej
ercise ot this power over the writ of habeas corpus- by Congrpss,
is to deprive a person, after being iegallj confined, of the priv
ilege of a discharge before trial, by giving bail, or on account of
insufficiency of proof as to probable cause or other like grounds.
This jnitUege only can JLe suspended, and not the writ itself.
The words of the ConsSntion are aptly chosen to express the
purpose and extent to which a suspension can go in this country.
With this view the power is a wise one. It can work'no serious
injury to the citizen and it sufficiently guards the public safety.
1 fie party against whom a grax e accusation is brought, support
ed by oath or affirmation, founded upon probable cause, must be
held for trial, and if found to be guilty is to be punished accor
ding to tbe nature of bis offence. Tbe monstrous consequences
of any other view of the subject are apparent. The exercise
of the power by Congress may be either general or limited to
special cases as in this instance. If it had been general under
any other view what would have been tbe condition of every cit-
izen in the laud? The weaker would have been completely in
the power of tbe stronger without remedy or redress. Any one
in the community might seize for any motive or for any purpose,
any other, and confine him most wrongfully and shamefully.—
Combinations of several against a few might he formed for a
like purpose, and there would be no remedy or redress against
this species of licensed lawlessness. The Courts would be clos
ed—ail personal security and pc.aonal safety would be swept
away. Instead of aland of laws, the whole country would be no
better then a Whitefriars domain—a perfect Alsatia. This
would be the inevitable effect of the exercise of the power, hy a
general suspension, with any other vi^w of tbo sunjeot. than this
presented. The same effects as to outrages upon personal rights
must issue under a limited suspension confined to any specified
cases under any other view. No such huge and enormous wroDgs
can ever spring from our Constitution ifit be rightly administered.
So that the conclusion of the whole matter is weii stated by the
Governor in bis late Message, in the brief, comprehensive, bnt
exact terms—“The only suspension of the privilege of the writ
of habeas corpus known to our Constitution and compatible with
tlie provisions already quoted, goes to tbe simple extent of pre
venting tbe release, under it, of persons xvbosc arrests have
been ordered, under Constitutional warrants from Judicial Au
thority.”
On this subject mueh light is to be derived from English Histo
ry. Our whole system of Constitutional liberty rests upon princi
ples established by onr Anglo-Saxon ancestors. But between
their svstem and ours, there are several differences that should
be noted and marked—and none more striking and fundamental
than tbe difference between the two upon this subject. With
tbem the right of personal security against illegal arrests, was
wrested from tbe Crown by the Parliament, and established by
Magna Charta, tbe Bill ot Rights, the abolition of Star Chamber,
and the grant of the Groat Right of tbe writ of Habeas Corpus,
which is the means of red>ess against violations of law, and other
wrongs against rights secured and acknowledged- In the aboli
tion of the Court of Star Chamber, the power was taken from tbo
King, bis heirs and successors forever, and every member of his
Privy Council, to maKe any arrest of any person for any offences
or alleged crime, except by due process of law. By this Act, tbe
power of the King to issue warrants or orders of arrests, unsup
ported by oath or affirmation, setting forth probable cause, which
before, bad been claimed as a royal prerogative, was taken away
from him and his successors forever. The ruling Monarch,
Charles I, gave Lis consent to the Act and yielded ifio power.—
He Afterwards broke his pledge. Civil commotions ensued from
this and other causes. He lost his head npon the block. 'I he
subsequent history of that strifo between, the people and [the
Crown of England, on this and other matters is not now pertinent
to tbe object before ns. Suffice it is t« say that it ended in the
settles?nt as it is termed between the Parliament and their New
doveieigns. William and Mary—in 168S, '89. In this settlement,
all tbe ancient rights and liberties of the English people, includ
ing the right of tbe writ of Habeas Corpus, were reaffirmed and
secured. Such were the liberties, inherited as. a birth right, that
onr British ancestors brought with them to this' Continent- lh©
principles established in England, after centuries oi struggle and
