1864 Confederate Suspending Writ Habeas Corpus Mississippi Imprint

Description: 1864 Confederate States Suspending the Privilege of Writ Habeas Corpus MS Imprint Up for auction is a rare 1864 Confederate Imprint by the Mississippi Legislature voicing concerns and forting with these resolutions that opposition to President Davis’s authority to suspend the Writ of Habeas Corpus. Background regarding the suspension of the Writ of Habeas Corpus. President Davis’s authority to suspend the writ of habeas corpus was brief. In August 1862, in response to complaints that Winder had exceeded his authority, Senator Ethelbert Barksdale of Mississippi introduced a bill to limit Davis’s power to suspend habeas corpus to twenty days, unless Congress approved a continuance. The bill was referred to the Senate Judiciary Committee and in mid-September it declared that Davis’s use of martial law had effects “far beyond a mere suspension of the writ of habeas corpus.” The Judiciary Committee made clear that only Congress had the authority to suspend the writ of habeas corpus and called for the introduction of new legislation to limit the president’s authority. Even those who had supported Davis’s first request for authority to suspend the writ, like Senator Henry Foote of Mississippi, now opposed it. While the fate of Davis’s authority was debated, Foote declared: “I will never again consent to a suspension of the writ of Habeas Corpus unless the enemy is within sight of the city . . . and then only so long as circumstances might render absolutely necessary.” Days later, the Judiciary Committee announced that it had drafted a bill that would enable Davis to suspend the writ of habeas corpus in towns or cities in danger of rebellion, in the neighborhoods of armies, or in areas of potential attack. Arrests would be limited to those needed to discipline the army or to punish those who had committed crimes against the Confederate States. In October 1862 he asked Congress to renew his authorization and although Congress did so, it called for the expiration of his authority in February 1863. A year later, in February 1864, Davis was able to make a case for the renewal of his authority to suspend the writ, citing draft resistance at the time, but again his authority expired on its own terms in July 1864. Author Mississippi Legislature Title Resolutions of the Legislature of the state of Mississippi in relation to the recent act of the Congress of the Confederate States suspending the writ of habeas corpus. Published [Richmond, 1864] Physical Description 2 p. 24 cm. HOUSE OF REPRESENTATIVES, May 12, 1864-Laid out the table and ordered to be printed. [By Mr. ORR.] RESOLUTIONS Of the Legislature of the State of Mississippi in Relation to the Recent Act of the Congress of the Confederate States Suspending the Privilege of the Writ of Habeas Corpus: WHEREAS, The writ of habeas corpus is the great prerogative pre writ of the American people, distinguishing a free and constitutional government from an absolute despotism; and whereas, without it the liberty and the personal rights of the citizen are without sanction, and their violation without remedy; and whereas this great privilege of American citizens was inherited by them from their ancestors, and was held and exercised by them before the establishment of any of the constitutions of the American States, after a long and arduous struggle of five hundred years' duration against the adherents of arbitrary power; and whereas it is declared in the Constitution of the Confederate States, and in that of the State of Mississippi, 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; and whereas it is also declared in said constitutions that "the right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrant shall issue but upon probable cause, supported by oath or affirmation, and partially describing the place to be searched, and the persons or things to be seized," thereby intending to guarantee to the American citizen the inalienable right, derived from the common law, and inherited from his English ancestors, to be secure from arrest except upon warrant specifying the offence, and on probable cause, supported by oath or affirmation; and whereas, on the 15th of February last, the Congress of the Confederate States did pass an act "that during the present invasion of the Confederate States; the privilege of the writ of habeas corpus be, and the same is hereby, suspended in cases of persons arrested or detained by order of the President or Secretary of War, or General officer commanding the trans-Mississippi department, by the authority and under the control of the President," which suspension extended to arrests or detentions in a large number of cases embraced in said act, in many of which no specific crime is named; and whereas, by one of the provisions of said act, it is declared "that the President shall cause proper officers to investigate the cases of all persons so arrested or detained, in order that they may be discharged, if improperly detained, unless they can be speedily tried in the due course of law," thus placing it in the power of the President of the Confederate States to confer on military tribunals, holding their appointments at his will, and responsible only to him, to determine upon the rights and liberties of the citizen, in- stead of leaving it to independent judicial tribunals of the country in which alone the constitution and laws have reposed that power, thus evincing a jealousy of the civil power, which, in the opinion of this Legislature, is not justified by the circumstances; and whereas, in the opinion of this Legislature, the power of Congress, implied rather than granted in the Constitution of the Confederate States, to suspend the privilege of the writ of habeas corpus, did not, and was not intended to confer upon Congress the power to authorize the arrest or detention of the citizen without warrant and without probable cause, supported by oath or affirmation, upon the mere order of an Executive or military officer, but was intended only to apply to cases where the person of such citizen was held in custody under a legal and constitutional arrest: Therefore, Be it Resolved by the Legislature of Mississippi, That the act of Congress suspending the privilege of the writ of habeas corpus is dangerous to the liberty of the citizen, unconstitutional in some of its features, tends to make the civil power subordinate to the military, and establishes a precedent of a doubtful and dangerous character, and should be repealed. Be it further resolved, That the Senators of the State of Mississippi in Congress be instructed, and the Representatives be requested to take the necessary action to secure the repeal of said act at the earliest possible period; and if the same is not repealed, the said Senators are instructed, and Representatives requested, to vote against the further suspension of said privilege; and the governor of the State is hereby directed to transmit a copy of these resolutions to the Senators and Representatives in Congress. Be it further resolved, That in the adoption of these resolutions, it is not the intention of the Legislature to impute to the President of the Confederate States any desire to arrogate to himself more power than the Constitution has conferred, and that in the opinion of this Legislature, it is the duty of every patriotic citizen to uphold and maintain the said President of the Confederate States in the legitimate exercise of the constitutional powers conferred on him. Approved April 5, 1864 This is a great piece of southern history and would make a great addition to any Civil War collection. See photos for condition. Thanks for looking and good luck bidding.

Price: 96 USD

Location: Kitty Hawk, North Carolina

End Time: 2024-11-18T22:41:51.000Z

Shipping Cost: 10.45 USD