V'r I, )' 2V' GOT. BROWN'S MESSAGE. tAa Message of Gob, Brown to the itwe of Runrnin. in exlra Sension. Mattk .. V. TH CITRRBSCT..- -'. TSt late action of the Congress of the Confeder m States upon the subject of the currency hasren iered further legislation necessary in this 8tate .apon that question. It cannot be denied that this" . nas seriously embarrassed the financial system f this State, and has shaken the confidence: of our people in either the justice of the late Congress or its competency to manage our financial - attain. Probably the history "of the past furnishes few more Striking instances of unsound policy combined with bad laiih. " The government issues its. Treasury note W flOO, and binds itself two years after a treaty of neace between the Confederate States and Hhe United States, to pay the bearer that sum ; and stipulates upon tne lace ot tne note, inai 11 ia mut able in Confederate States' stocks or bonds, and re ceivable in payment of all public dues except export duties. The Congress while the warjs still pro gressing, passes a statute that' this bill shall be funded in about forty days or one third of it shall be repudiated,, and that a tax of ten per cent month shall be paid for it after that time . by the holder, and K shall no longer be receivable in payment of ,r public dues, and if it is not funded by the 1st of January next, thevmole debt is repudiated, uia .the holder take the note with any such expectations? Was this the contract, and is this the way the gov ernment is to keep its faith ? If we get rid of the old issues in this way, what guaranty do we give for better faith, in the redemption of the next issues? Again, many of the notes have the express promise on their face, that they shall be fundable in eight percent bonds. When? The-plain import is, and so understood by all at thetime of their issue, that it may be done at, any time before the day fixed on the face ot the note for its payment With what semblance of geoddaith then, does the government before that time compel the holder to receive a four per cent bond, or lose the whole debt ? and what better is this than repudiation ? When was it ever before attempted by any government, to compel the funding of almost the entire paper currency of a country, amounting to seven or eight hundred mil lions of dollars, in forty days ? This is certainly a new chapter in financiering. The country expected' the imposition of a tax, and all patriotic citizens were prepared to pay it cheer fully at any reasonable sacrifice ; but repudiation and bad faith were not expected, and" the authors of it can not be held guiltless ! .The expiring Congress took the precaution to discuss this measure in secret session, so that the individual act of the representative could not reach his constituents, and none could be annoyed during its consideration by the murmurs of public disap probation being echoed, back into the Legislative Hall. And to make assurance dubly sure, they fixed the day for the assembling of their successors at a time too late to remedy the evil or afford ade quate redress for the wrong. These secret sessions of Congress are-becoming a blighting-curse to the country. They are used as a convenient mode of covering up from the people such. acts or expressions of their representatives as will not bear investigation in the light of day. . Al most every act of usurpation of power, or of bad faith, has been conceived, brought forth and nur tured, in secret tension. . If I mistake not the British' Parliament never discussed a single measure in se cret session during the whole period of the Crimean War. But if it is necessarar to discuss a few impor tant military measures, such as 'may relate to the movement of armies, &c., in secret session, it Hoes not follow that .discussions of questions pertaining to the currency, the suspension of the writ of habeai corpus, and the like, should all' be conducted ui se cret session. The people should require all such measures to be discussed with open doors,. and the press should have the liberty of reporting ar:d free- y criticising tne acts ot our puouc servants, in v i n .f . i -ii i i nis way ine reuecuuu oi me popular wiu uaun. up- n the representative, would generally cause tne ieteat of such unsound measures as those which are low fastened upon the country in defiance of the tin ot tne pap- " I But dismissing the past and looking to the future he inquiry presented for our consideration is how nail the State authorities act in the management of lie finances of the State ? As the Confederate States' reasury notes constitute the currency of the coun ty, tne state nas oeen oongea to receivejtna pay siem out ; and she must continue-to do so, as long s they remain the only circulating medium. the resent Legislature has very wisely adopted the lolicv, in the present depreciated condition of the urrency, of collecting by taxation a sufficient sum h currency, to pay tne current appropriations ot he State government; instead of "adding them to C3fhe debt of the State to .be paid in future upon the &'.-old basis. If the State issues her own bonds and SIU13 iucui upuu iuc uiamei, ur ii alio la&uca uer uwil reasury notes- redeemable a future day in her ionds, she adds the amount so issued to her per manent indebtedness ; and defeats the policy cY pay- jr- Ing as she goes ; as her own bonds or notes, would I (then be out, and could pot be redeemed with the ' " ' J - If the State receives in payment of taxes the pre sent Confederate treasury notes, they will be re luced in amount one-third by act of Congress after irst of April next, and -the State receiving them at )r pays a Confederate tax of 33 per cent upon all noncys that pass through her treasury. This of :ourse cannot be submitted to. The repudiation policy of Congrejss, seems there ore to have left us but one alternative ; and that is o receive and pay out only such issues of Confed erate notes, as under the act of Congress pass at pas, without the deduction of S3 on any other per cent But as we are obliged to have funds before the time rheo the new issues ot ' Confederate notes can go into circulation, the question presenteoTis how shall ve supply the treasury- in the meantime ? ' In my udgmeht the proper plan will be to issue State treasury notes,, payable on (he 25th day ef Decem ber next at the treasury, and each of the more im portant cities of this State in Confederate treasury notes, of Such issue as may be made fter first April iext, to be used .as a circulating medium. This enables the State to anticipate the new issues, and ise them in advance oHheir circulation by Confed erate authority. The new Georgia- treasury notes if this issue, .would be just as good as the new issue f Confederate notes.; because payable in them, and vould be as current in payment of debts. The act nould provide that all taxes hereafter due the estate 'or this year, ' shall be payable in the Confederate ;reasury notes of this new issue, and that they shall pe deposited in the treasury, when collected, to re teem the State notes payable in them. The act lhould also provide that the State notes shall be re turned and the Confederate notes received in place . nt them within three months after they are due, or Ihat the State will r.o longer be liable for their pay- i nenr, ibis would prevent holders from laying hem away, and refusing to bring them in for pay nent when due, according to the terms of the con ract As the State tax is not. due till next fall, here will be an abundant supply of the new Con ederate notes in circulation by that time, to obviate in uimcuny in obtaining them by our people to pay he tax. ' I recommend the nassace of a ioint rosolution .: uthorizing the Governor to have funded in the six er cent bonds, prov ided for by the act of Congress, 11 Confederatejioios which mavremain in the trea- ury ; or may be in the hands of any of the fifian ial agents of the State, after the first day of Aoril- , .uu vu bbii ana dispose ot such bonds at their market value in currency, which can be made avail ble in payments to be made by the treasury ; and . i.d.u.c, wua any loase that may ccrue by reason of the failure of th h,.,i.. h.;- kar in the market , 6 SB NEW MILITU 0RQAKJZ4T10K AND CONSCRIPTIOH since your adjournment in Decemhw tK Mit and Inspector General, under mv direction Gas .. in ii.H power 10 press lorward tbe-orgahizn-on of the Militia of the State, in conformity to the t passed for that purpose ; and I hve the pW e to state, that the enrollments are generally ade, except in a few localities, where proximitv - ---J iMCTci.ieu ji, anu me oreaniza Dns will soon be eomnleted i S P. -m, 0Ur Pr0cecdigs. we are met With rmidable obstacles, thrown in our way by the late j?ftVI,grMft Whicb 8ubct8 those between 17 id 50 to enrollment as conscripts, for Canhfont irvice. This act of Concrpua tt ii.. nnt .1 Oa i r r 1-0 w om iDQ a tale, as was done on a forma fcr entire military force, who belong to th active Ton XXX. No. 0. i.-t-J list, and to leave her without a force Ita the" differ ent counties sufficient to execute her laws or sup press servile Insurrection. . Our Supreme Court has ruled that the Confeder ate government has the power to raise armies by conscription, but it has not decided, that it also has the power to enroll the whole population of the State who remain at home, so as to place the whole people under the military control of the . Confeder ate government, and thereby, take, from the States all command over their own citizens, to execute their own laws ; Ad place the internal police regu lations of the States it) the hands of the President luis one thing to "raise armies," and another, and quite different thing to put the whole' population at home under military law, and compel every man to obtain is military detail .upon such terms as the cen tral government may dictate, and to carry a milita ry pass in his pocket while he cultivates his farm, or attends to -his other necesaary. avocations at home. ' . Neither a planter nor en overseer engaged upon the farm, nor a blacksmith making agricultural im plements, nor a miller grinding for the people at home, belongs to, of constitutes any part of the ar mies of the Confederacy, and there is not the shad ow of Constitutional power vested in the Confeder ate government for conscribing, and putting these classes and others engaged in home "pursuits under military rule, while they remain at home to dis charge these duties. If conscription were constitu tional, as a means of raising armies by the Confed erate government, it could' not be constitutional to conscribe those not actually needed, and not to be employed in (he army, and the Constitutional pow er to "raise armies," could never carry with it the power in Congress to conscribe the whole people, who are not needed for the armies, but are. left at home because more useful there, and place them under military government, and compel them to get military details to plough their fields, shoe their farm horses, or go to mill. Conscription carried to this extent is the essence of military despotism ; placing all civil rights in a state of subordination to military power, and put ting the personal freedom of each individual in civ il life at the will of the chief of the military power. But it may be said that conscription may act upon ' one class as legally as another,- and that all classes are equally subject to it- This is undoubtedly true. If the government has a right to conscribe at all, it has a vigbt to conscribe persons of all classes, till it has raised enough to supply its armies. But it has no right to go farther and conscribe all, who are by its own consent to remain at home to make supplies. If it considers supplies necessary, somebody must make them ; and those who do it, being no part of the army, should be exempt from conscription and the annoyance of military dictation, while engaged in civil and not military pursuits. If all between 17 and 60 are to be enrolled and placed in constant military service, "we must con quer the enemy while we are consuming our pre sent crop of provisions, or we are mined ; as it will be impossible for the old men over 50, and the boys under 17, to make supplies enough to feed our armies and people another year. I think every practical man in the Confederacy who knows any thing about our agricultural interests and resources will readily admit this.- ' If, on the other band, it is not the intention to put those between 17 and 18, and between 45 and 50, into service as soldiers, but to leava tkei at Wm in produce supplies, and occasionally to- db police duties within the State, which properly be long to the militia of a State; or. in other words, ir it is the intention simply to take the control of them from the State, bo as to deprive her of all power, and leave her without sufficient force to ex ecute her own laws, or suppress survile insurrec tion, and place the. whole militia of the SUte, not needed for constant service in the Confederate armies, under the control of the- President while engaged in their civil pursuits, the act is unconstitu tional and oppressive, and ought not to be executed. If the act is executed in this State, it deprives her of. her whole active militia, as Congress has so shaped it as to include the identical persons em braced in the act passed at your late session, and to transfer the control of them all from the State to the Confederate government . . , ' . The State has already enrolled these persons under the solemn act of her Legislature for her own defence, and it is a question for you to deter mine, whether the necessities of the State, .her sovereignty -and dignity, and justice to those who - are to be affected by the act, do not forbid that she should permit her organization to be broken up, and her means of self-preservation to be taken out of her hands. . If this is done, what will be our, condition? I prefer to answer by adopting the. language of the presant able and patriotic Governor of Virginia; ''A sovereign State without a soldier, and without the dignjty of strength stripped of all her men, and with only the form and pageantry of power would indeed be nothing inure than a wretched dependency, to which I should grieve to see our proud old commonwealth reduced." I may be reminded, that the enemy has three times as manv white men, able to bear arms, as we have, and that it is necessary to take all between J tne ages above mentioned, or we cannot Keep as many men in the field as lie doei If the result depend upon our ability to do this, we must necessarily fail. But, fortunately for us, this is not the case. While they hive the ad vantage in numbers, we have other advantages', which, if properly improved, they Can never over coma We are the invaded party, in the right, struggling for all we have, and for all that we 'ex pect our posterity to inherit This gives us great moral advantage over more powerful enemy, who, as the invaders, are in the wrong, and are fighting for conquest and power. W e have the inner and shorter lines of defence; while they have the longer and much more difficult ones. .For in stance, if we desire to reinforce Dalton, from Wil mington, Charleston. Savannah and Mobile, or to reinforce either of those points, from Dalton, we can do so by throwing troops rapidly over a short line from one point to the other.' If the enemy wishes to reinforce Charleston or , Chattanooga, from Washington or New Orleans, he must throw his troops a long distance around, almost upon the circumference of a circle, while we meet them with our reinforcements, by throwing "them across the diarceterjaf a- semi-circle. This difFv.-fer.ee in our favor, is as great as four to one, and enables us, if our troops are properly -handlelto repel their as saults, with little more than one fourth their number.. , In consideration of these, and numerous other advantages, which an invaded people, united and determined to be "free, always have, it is not wise policy for-us to' undertake to keep in the field as large a number as the enemy has. It is the duty of those in authority, in a conn'ry engaged in a war which calls for all the resource? at command? to consider well what proportion of the whole population can safely be kept under arms. Li our present condition, surrounded by the enemy, and our port blockaded, so that we can place but little dependence upon foreign supplies, we are ob: liged to keep a sufficient number of men in the ag ricultural field, to make, supplier for our troops under arms, and their families at home, or we must ultimately fail - - The policy which would compel all our men to go to the military field,- and leave our farms uncul tivated, and our workshops vacant;-would be the most fatal and unwise that oould be adopted. In that case the enemy need only avoid battle, and continue the war, till we ownsu'me the supplies now on hand, and we would be completely 'in their power. . There is a certain proportion of a people in eur condition who can remain under arms, and the balance of the population at home can support them. So long as that proportion has .not been reached, more may be safely taken ; but when it is reached, RALEIGH, N. Ov every man taken from the field of production, and placed as a consumer in the military field, nukes ua that much weaker; andMf we go far beyond the proportion, failure and ruin Are inevitable, as the army must soon disband, when it can no longer be supplied with- the necessaries of life; There is rea son to fear, that those, in authority have not made safe calculations upon this point, and that they do not fully appreciate the incalculable importance of the agricultural interests in this struggle. We are able to keep constantly under anna two hundred thousand effective men, and to support and maintain that force by our own resources and productions, for twenty yean to come. No power nor State can ever be. conquered so long as it can maintain that number of good troops. 1 the ene my should bring a million against us, let us remem ber that there is such a thine as whipping the fight without fighting it, arid avoiding pitched battles and , unnecessary collisions; let ua give this vast force time to melt away under the heat of summer and 'the snows of winter, as did Xerves' army in Greece and Napoleon's in Russia, and the enemy's resources and strength will exhaust when so prodigally used, much more rapidly than ours when properly econ omized. In properly economizing our strength and ' husbanding our resources, lies our best hope of suc cess. N Instead of making constant new drafts upon the agricultural and mechanical labor of the country, for recruits for the army, to swr'.l our numbers be yond our present muster rolls, which must prove ou- ruin, if our provisions fa.!, I respectfully sub mit that it would be wiser to put the troop into the -army, and leave -men enough at home to sup port them. In other words, compel the thousands of young officers in gold lace and brassbuttons, who are constantly seen crowding our railroads and hotels, many of Whom can seldom be found at their posts ; and the thousands of straggling soldiers who are absent without ''leave, or, by the favoritism of officers, whose names are on the pay rolls, and who are not producers at home, to remain at their pre sent places in the army. This is justice alike to the country, to the tax-payers, to the gallant officers who stand firmly at the post of duty, and the gal lant soldiers who seldom or never get furloughs, but are always in the thickest of the fight . When they are enduring and suffering so much, why should the favorites of- power and those of their comrades who seek to avoid duty and danger, be countenan ced or tolerated at home, while Jbeir names stand upon the muster rolls ? If all who. are able for duty, and who are now nominally in service drawing .pay from the govern ment, are compelled to do their duty faithfully, there will, be no need of compelling men over 45"to leave their homes, or of disbanding the State militia to place more men under the President's control. . CONFLICT WITH THE CONFEDERATE GOyBRNXENT. But it may be said that an attempt. to maintain the rights of the State will produce conflict with the Confederate government I am aware that there are those who from motives .not necessary to be here mentioned,, are ever ready to raise the cry of conflict, and to criticise and condemn the action of GeoVgia, in every case where her constituted au thorities protest against the encroachments of the central power, and seek to maintain her dignity and1 sovereignly as a State, and the constitutional rights and liberties of her people. Those who are unfriendly to State sovereignty and desire to consolidate alt ptfwefln the hands of the Confederate government; hoping to promote their undertaking by operating upon the fears of the timid, after, each new aggression upon the con stitutional rights of the States, fill the newspaper presses with the cry of conflict, and warn the peo ple to beware of those who seek to maintain their constitutional rights, as agitators or partizans who may embarrass the Confederate government in the prosecution' of the war. , Let not the" people be deceived by this false clam or. It is the same cry Of conflict which the Lincoln government raised against all Who defended the rights of the Southern States against its tyranny. It is the cry which the usurpers of power have ever raised against those who rebuke their encroach ments and refuse to' yield to their aggressions. When did Georgia embarrass the Confederate gov ernment in any matter pertaining to the vigorous ' prosecution of the war ? When did she fail to lurnish more than her full quota of troops, when she was call ed upon as a State by the proper Confederate author!-; ty ? And when did her gallant sons ever quail be tare the enemy, or fail nobly to illustrate ber char I cter upon the battlefield ? ' She cannot only repel the attacks of his enemies f-n the field of deadly conflict, but she can as proud I y repel the assaults of those who, ready to bend the Is nee to power for position and patronage, set them selves up to criticise her conduct, and she can con Ji lently challenge them to point to a single instance ;n which she has failed to fill a requisition for troops Jaade upon her through the regular constitutional channel. To the very last requisition made she re 1 ponded with over double the number required. She stands ready at all times to do her whole du ly to the cause and to the Confederacy, but while j he does this, she will never cease to require that ) er constitutional rights be respected and the liber ties of her people preserved. , While she deprecates 1 11 conflict with the Confederate government, if to I .'quire these be conflict, the conflict will never end till the object is attained. '.. " For freedom's battle once begun, Bequeatb'd by bietdmjr sire to oq, Tliough bufBed oft i ever won," . Uill be emblazoned in letters of living light upon I er proud banners; until State sovereignty and con- 'itutional liberty, as well as Confederate indepen dence, are firmly established. ' SUSPENSION OF THE HABEAS CORPUS. . I cannot withhold the expression of the deep mor : fication I feel at, the late action of Congress in at tempting to suspend the privilege of the writ of abeas corpus, and to confer upon the President . ; owers expressly denied to him by the Constitution rfthe Confederate States. Under pretext of a ne- jssity which our whole people know does not exist ' i this case, whatever may have been the motives : ur Congress with the assent and request of the executive, has struck a fell blow at the liberties of ' le people of these States. 'Tneonstitution of the Confederate States de ; ares that, " The privilege of the writ of habeai -' rpv shall not be suspended, unless when in cases 1 i rebel? ion or invasion the public safety may re i uire it" The power to suspend the habeas corpus I all is derived, not from express and direct deiega- on, but from implication only, and an implication ? in never be raised in opposition to an express r.e t rictlon. In ease of any conflict between the two, . f. i implied power must always yield to express re- rictions upon its exercise. The power to suspend I le privilege of the writ of habeas corpus derived by ( .iplication must therefore be always limited by the ; press declaration in the Constitution that : ' The right of. -the people to be secure in their J arsons, houses, papers, and effects, against unrea-j- .nable searches and seizures, shall not be violated ; 4 .d -no warrants shall issue but upon probable cause, c ipported by oath or affirmation, and particularly .r' tscnbihg the place to be searched, and the persons ' - things to be seized," ard the further declaration t tat "no person shall be deprived of life, liberty or I roperty, without due process of law." And that " In all criminal prosecutions the accused shall f ijoy the right of a speedy and public trial by an npartial jury of the State or District were the crime i iall have been committed, which district shall have f en previously ascertained by law, and to be far f irmed of the nature and cause of the accusation ; r . Kn Auvfrnntarf with the witnesses asriinst him : to ive ewmpuisory process for obtaining witnesses in is favor; and to have the assistance of counsel for is defence." . . Thus it is an express guaranty of the Constitu on, that the "persons" of the people shall be se iie, and " no warrants shall issue," but upon pro ..- . ,.,.'. , . . "'r,'.-.-. -' - . ' ;' . . -' -. .- '' ."' ' . . ' . ' DAT, APBIL : 6, 1864, bable cause aupported by oath or "affirmation." particularly describing " the persons to tie seised f that, "bo person shall be deprived of liberty, with ot due process of law," and that in "all criarfttal prosecutions" the accused shall enjoy the right of nd Pub,ie trial, by an impartial jury." - The Constitution also defines the pdwers of the Executive, which are limited to those delegated, ong which there is not one authorising him to issue warrants or order arrests- of persons not in ctu. military service ; or to sit as a judge in any Caavto try any person for a criminal offence, or to appoint any court or tribunal to doit, not provided far itr the Constitution as a part of the Judiciary. The power to issue warrants and try persons under Wu:mJ accusations are iudirial twiornra vhu4i ha. Joig under the Constitution exclusively to the iudi.-' , der arrests as Commander-in-Chief is strictly a mili tary power, and is confined to the arrest of persons subject to military power, as 'to the arrest of per sons in the army or navy of the Confederate States; or in the militia, when in the actual service of the Confederate -States: and does not extend to any persons in civil life, unless they be followers of the camp or within the lines oT the army. "This is clear from that provision of the Constitution which de clares that, ' '.'No person shall be held to answer for a capital, or otherwise infamous crime unless on a presentment or indictment of a grand jury, except in cases aris login the land or naval farces, or in the militia when in actual service in time of war or public dan ger." But even here, the pow,er of the President as Commander in Chief, is not absolute, as his pow er8 and duties in ordering-arrests of persons in the laad or naval forces, or in the militia when in actual service, are clearly defined by the rules and articles of war prescribed by Congress. Any warrant is sued by the President, or any arrest made by him, or under his order, of any person in civil life and - not subject to military command, is illegal and in plain violation of the Constituiion,' as it is impossi ble for Congress by implication,, to confer upon the President the right to exercise powers of arrest, ex pressly forbidden to him by the Constitution. Any effort on the part of Congress to do this, is but an attempt to revive the odious practice' of ordering political arrests, or issuing letters de ticket by royal prerogative so long since renounced by our English ancestors ; and the denial of the right of the consti tutional judiciary to investigate such cases, and the provision for creating a court appointed by the Ex ecutive and changeable at his will, to take jurisdic tion of the same, are in viola'ion of the great prin ciples of Magna Charts, the Bill of Rights, thmha bea corpus act, and the Constitution of the Confed erate States, upon which both English and Ameri can liberty rest; and are but an attempt to revive the' odious Star-Chamber court of England, which in the hands of wic&ed kings, was used for tyranni cal purposes by the crown, until it was finally abol ished by act of parliament, of 16th Charles the first," which went into operation on the first of August 1641. This act has ever since been regarded as one of the great bulwarks of English liberty ; and as it was passed by the English Parliament to secure our English ancestors against the very same character of arbitrary arrests, which the late act of Congress is intended to authorize the President .to make, 1 append a copy of it to this message, with the same italics and sujaJUtpital letlera, whtoh re used in the printed copy -in the book from which it ia taken. It will be seen that the court of " Star-Chamber," which was the instrument in. the hands of the Bng lish King foe investigating his illegal arrests and carrysjg out his arbitrary decrees, was much more respectable, on account of the character, learning and ability of its members,-than the Confederate Star-Chamber or court of " proper officers," which the act of Congress gives the President power to to appoint to investigate his illegal arrests. I am aware of no instance in which the British King has ordered the arrest of any person in civil life, in any other manner than by judicial warrant, issued by the established courts -uf the realm or in which he has suspended, or attempted to suspend the privileges of the writ of habeas corpus, since the Bill of Eights and act of settlement passed in 16SSJ. To attempt this in 1864, "would cost the present reigning Queen no less priee than her crown. The only suspension of the privileges of the writ of habeas corpus known to our Constitution, and compatible with the provisions already stated, goes to the simple extent of preventing the release under it of persons whose arrests have been ordered under constitutional warrants from judicial authority. To this extent the Constitution allows the suspension in case of rebellipnr invasion, m order that the accused may be eeMKoly and safely held for trial ; but Congress has no right under pretext of exercis ing ihis power, to authorize the President to make illegal arrests prohibited by the Conssitution, and when Congress bas attempted to confer such pow ers on the President, if he should order such i'legal arrests, it would be the imperative duty of the judges, who have solemnly sworn to support the Constitution, to disregard such unconstitutional legislation, and grant relief to persons so ille gally imprisoned ; and it would be the duty of the Legislative and Executive departments of the States to sustain and protect the judiciary in. the discharge of this obligation. By an examination of the act of Congress now . under consideration, it will be seen that it is not an . act to suspend the privilege of the writ of habeas corpus in case of warrants issued by judicial author ity ; but the main, purpose of the act seems to be to authorize the President to issue warrants'sup ' ported by neither oath nor affirmation and to make arrests of persons not in military service, upon charges of a nature proper, for investigation in the judicial tribunals only, and to orevent the Courts from inquiring into such arrests,, or granting relief against such illegal usurpations of power,, which are in direct and palpable violation of the Constitution. The act enumerates more-than twenty different . causes of arrest, most of which are cognizable anr'i tryable only ia the judicial tribunals established Vj the Constitution, and for which no warrants can legally issue for the arrest of persons in civil lif. by any poorer except the judiciary, and then onlv up on probable cause supported by oath or affirriatin, particularly describing the persons to ba seid ; such as " treason," " treasonable efforts or orr Joba tions to subvert the government of the Catof derate States," "conspiracies' to resist the lawful authori ty of the Confederate States," giving & enemy "aid and comfort," ."attempts to incit j servile in surrection," "the burning of bridges,'5 Railroad," or "telegraph lines," "harboring deserters," and "other offences against the laws of t'ae Confederate States, Ac., 4a And as if to pi the usurpation of power beyond doubt or cavil, ' the act expressly declares that the "suspension sh jl apply only to the case of persons arrested or detair'.ed by the President, the Secretary of War, or the ; General officer com manding the Trans-Mississip'i military department by authority and under the C ontrolof the President" in the cases enumerated in the act, most of which are exclusively of judicial cognisance, and fn which cases the President has i0t the shadow of constitu tional authority to iasu 3 warranta-or order arrests, but is actually prohibited by the Constitution from doing so. . . This, then, is not ,M act to suspend the privilege of the writ ot habet 'u corpus, in the manner author ized by implicatioi' , by the Constitution; but iu's an act to authori the President to make illegal and uneonstituy jonal arrents, in cases which the Constitution giVes to the judiciary and denies to the Executive; a,d to prohibit all judicial interference ror ius reiiei 0f the ctt'xen, when tyrannizea over " illegal arreg; under letters de cachet issued by ' . ecutive authority. x Instead of the legality of the arrest being e . ' ed in thf tribunals appointed by the Con's it ia to be examined in the Confederate Sta ber; that is, by officers sypointed by f' ' f-nV . Why say that the " President shall Weai" Whole Numbir 1511 per officers to Investigate.? the- legality of arrests ordered by him f Why not permit the Judges, whose constitutional right and duty it is, to da ijj ' . We are witnessing with too much ind fference as sumptions of power by the Confederate government, which, in ordinary times, would arouse the whole country to indignant rebuke and stern resistance: History teaches, us that submission to one encroach ment upon constitutional liberty is always followed by another ; and we should not forget that impor tant rights, yielded to those in power, without re- j buke or protest, are never reoovered by the people without revolution. . j If this act is acquiesced in, the President, the Secretary of War, and the commander of the Trans. If Missippi department, under the Control of the President, each has the power conferred by Con gress, to imprison whomsoever he choose ; and it is only necessary to allege that it is 'done on ac count of "treasonable efforts," or of "conspiracies to resist the lawful authority of the Confederate States," or for " giving aid aod comfort to the ene my," or other of the causes of arrest enumerated in the statute, and have a subaltern to file his affi davit accordingly, after the arrest, if a writ of ha beas corpus is sued out, and no court dare inquire into the cause- of the imprisonment- Tbd statute makes the President and not the courts the judge of the sufficiency of the cause for his own .acts. Either of you or any other citizen of Georgia, may, at any moment (Mr. Vallandigham was in Ohio) be dragged from your homes at midnight by armed force, and imprisoned at the will of the President, upon the pretext thatyou have been guilty of some offence of the character above named, and no court kdWc" to our judiciary can inquire into the wrong, or grant relief. When such bold strides towards military despo tism and absolute authority are taken by those in whom we have confided, and who have been placed in high official position, to -guard and protect con stitutional a'nd personal liberty, it is the duty of every patriotic citizen to sound the altrin, and of the State Legislature to say in thunder tones to those who assume to govern us by absolute power, that there is a point beyond which freemen will not permit encroachments to go. . The Legislatures of the respective States are looked to as the guardians of the rights of those whom they represent, and it is their duty to meet such dangerous enactments upon the liberties of the people promptly, and t6 express their unqualified condemmtion, and to instruct their Senators and request their Representatives to repeal this most monstrous act, or resign a trust which, by permit ting it to remain on the statute book, they .abuse, to. the injury of those who have honored them with their confidence, in this trying period of our histo ry. I etrnestly recommend that the Legislature of this State take prompt action uSon this subj.ct, and stamp the act with the seal of their indignant rebuke. . - . Can the President no longer trust the judiciary with the exercise of the legitimate. powers confer rei upon it by the Constitution and laws?" In what instance have the grave and dTgnified Judges proved disloyal or untrue to our cause ? - When have they embarrassed the government by turning loose trai-tor.-, skulkers or Bpies ? Have they not, in every instance. iven tha government the benefit of their doabts in sustaining. its action, though. they might thereby seem to encroach upon the rights of the. States, and for a time deny substantial justice to the people? Then why this, implied censure upon them? . . ' What justification exists now for this most mon strous deed, which did not exist during the first or second year of the war, unless it be found-in the fact that those in . power have found the people ready to submit to every encroachment rather than make an issue with the government, while we are at war with the enemy, and have, on that account, been emboldened to take the step which Is intended to make the President as absolute in his power of arrest and imprisonment as the Czir of all the Rus sias ? What reception would the members of Con gress from the different States have met in 1861., had they returned to their constituents and inform-, ed them that they had suspended the habeas corpus, and given the President the power to imprison the people of these States with no restraint "upon his sovereigi will ? Why is liberty less sacred now thtn it was in 1861 ?, And what will we have gained when we have achieved our Independence of the Northern States; if in our effort to do so, we have permitted our form of government to be subverted; and have lost Constitutional liberty at home ? ' The hope of the . country now rests in the new Congress soon to assemble. They must maintain our liberties against encroachment, and wipe this and such stains from the statute book, or the sua of liberty Will soon set in darkness and blood. - " - Let the constituted authorities of each Staie' send -up to their representatives, when they assemble1 in Congress, an unqualified demand for prompt re dress; or a return of the commissions which they' hold -from their respective States. Gov. Brown here discusses at grea length "The . Cause of the War, How Conducfe!, and Who Re sponsible," in the course of which the enemy is soundly scored for his vandalism, and the federals are assured ihat if they continue the dupes of Abra ham Lincciu and the radical abolitionists, they will be involred in the end in one general ruin.J - HJbW PCACK -SHOULD BE SOUOHT. '. In view; of these difficulties, it may be asked Wher. ajd how i3 this war to terminate?.' It is im possible to say when it may terminate, but it is ea.y to say how it will end. We do not seek to .conquer the Northern people, and if we are true to ourselves they can never conquer us. We do not segk to take from them the right of self govern tuent, or to govern them without their consent And they have not force enough to govern us-with out our consent, or to deprive us of the right to govern ourselves. The blood of hundreds of thou sands may yet be spilt and the war will not still be terminated by force of arms. Negotiation will fi nally terminate it . The pen of the statesmen, more potent than the sword of the warrior, must do what 1 the latter has failed to do. But I may be sked how negotiations are to, com menee when President Lincoln refuses tq receipt commissioners sent by us, and hi3 Congros res tvua, to hear oo proposition for peace. I rcriy hatih ray opinion, it is our duty to seep it lw.ys oalpra, the' Northern people and the civilizet. world thabwe are ready to negotiate for peace whenever t&e,. peo pie and governments the Nortbwn 'ta.Ta-re. pre. pared to recognize the great fundaronteti principles of the Declaration of Independeu-e maintained by our common ancestry the righ'j ,f jtiti to sclf-gov-ernment aod tho sovereignty ' States, "ho my judgment, it is the duty, of government, after each important victory ach jggty gallan't and glorious armies on the r lt field, to make a dis tinct proposition to th orthem government for peace on these terms. d . y th, sition is declined A :,. bojd them up constantly in Or . beforo tneir own, people and the judg m)Mlkm4 H they refuse to r" I .. jatoaiissioiMsrs who bear the prouoai duct of 4t Pn, and let the con ?a : xAr rulers be known to the people, and a HMMMiibla crtfnnd to hone that the time I:, . Bnt be far distant when a returning sense of Ainse, and a deaire for self protection against , jOtSsra at home, will prompt the people of "the . Northr States to hurl from power those, who deny the fundamental principle upon which their own liberties rest, and who" can never be satiated with hina blood. Let us stand oh no delicate point of etiquette or diplomatic ceremony. If the proposition- is reacted a dozen limes, let us tender it again after the next victory that the world may be reas sured from month to month, that we are not re sponsible for the continuance of this devastation and carnage. Lai ft W fapaafod agaia and again- to the North people, that all we ask is, that they recognize "Jeat principle upon which their .own govern-- atnt rtto the- sovereignty of the States, and ht oar own people bold our own government to a strict . pvtaSplfc rjr ,,M,0Mb,,wnt uPn H"1 Tiul jJBsrein has the sTsapw aolntion of all these troii- ! -? do"bVr "J viestion of douW, : " ,a!0?i,, f "T ot Ml the Slates Of this Confederacy upon the subject ot Heir pre ent or future alliance, let all armed force be drawn, and let that sovereign will be fairly express- ' ed at the ballot box by the lega voters of the State, and let all parties abide by the decision. Let each State have and freely exercise the right, to determine its own-destiny, in its own way. This is all that we have been struggling for from the be ginning. It tea pricci0- that secures "rights, in- . estimable to freemen-, aod formidable to tyrants only." ... r Let both governments adopt this mode of-settlement, which was bequeathed to them by the great meifbf the Revolution, And which has since been adopted by the Emperor Napoleonas the only just mode for the government of States, or even pro vinces, and the ballot-box will soon achieve waat theaword cannot accomDlish rMtnra neaca to the country, and uphold the great doctrines of State awarcigniy ana constitutional liberty. If it is a -question of strife whether Kentucky or Maryland, or any other State shall cast her lot with the United States or Confederate States, there is no mode of settling it so justly, "with so little cost, and with so much satisfaction to her own people, as to withdraw all military force from her limits, and leave the decision, not to the sword, but to the bal lot box. If she should decide for herself to abolish slavery and go with the North, the Confederate government can have no just cause of complaint, for that government had its origin in the doctrine that all its just " powers are derived from the consent of . the governed," and we have no right to insist on governing a sovereign State against her will But if she should decide to retain her institutions and -go with the South, as we doubt not she wiliwhen the question is fairly submitted to her people at the polls, the Lincoln government must acquiesce, or it must repudiate and trample upon the very essential principles on which it was founded, and which were carried out in practice by the fathers of the Repub lic, for the firsC half century of its existence. What Southern man can object to this mode of settlement? It is ail that South Carolina, Virginia, . or Georgia, claimed when they seceded from the Union. It is all that either has at any tim? claimed, and all that either ever can justly claim. And what friend of Southern independence fears the re sult? What has the Abolition government done to amo the people ot any Southern State to desire to reverse ber decision, and return ingloriously to ' its embrace ? Are we afraid the people of any se ceded State, will desire to place the State back in. the Abolition Union, under the Ljncolri despotism, after it has devastated their fields,, laid waste their .country, burned their cities, slaughtered'iheirsona, and degraded their daughters? There is no reason lor such fear. Uut I may be told that Ur. Lincoln has repudiat ed this principle in advance, andMiat it is idle again to tender a settlement upon these terms. This is. .no reason why we should withhold tiie repeated re newal of the proposition. Let it be made again and again, till the mass of the. Northern people under stand it; and Mr. Lincoln cannot continue to stand, before them and the world, stained with the blood of their sons, their husbands, and their fathers, and insist, when a proposition so fair is constantly ten dered, that thousands of new victims shall still con tinue to bleed, to gratify his abolition fanaticism, satisfy his revenge, and serve his ambition to gov ern these States, upon the decision of one-tenth of the people in his-favor, against the other nine-tenths. Let the Northern and Southern mind be brought to contemplate this subject in all its magnitude, and while ihee may be extreme men ou he Northern side, satisfied with nothing less than the subjuga tion ot the bouth, and the confiscation ol our pro perty, and like extremes on the Southern side, whose morbid sensibilities are shocked at the men tion of negotiation, or the renewal of an offer by us for a settlement upon any terms, I cannot doubt . that the cool-headed,' thinking men, on both sides of the line, who are devoted to the great principles of self-government and State sovereignty, mcluding the scar-covered veterans of the army, will 'finally settle down, upon this as the true solution of the great problem which now embarrasses so many millions of people, and will -find the higher truth between the two extremes. -; If,, upon the sober second thought, the public sentiment North sustains the policy of Mr. Lincoln, when he proposes, "by the power of the sword, to -place the great doctrines of the Declaration of Inde pendence, and the Constitution of his country, un der his feet, and proclaims his purpose .to govern these-States by military power, when be shall have obtained the consent of one-tenth of- the governed, how can the same public sentiment condemn him, if, at the head of. his vast armies he shall proclaim himself Emperor of theVhole country, and submit the question to the vote of the Northern people, and when he has obtained, as he could easily do, the vote of one-tenth in his favor, be shall insist orr his right to govern them -as their legitimate sovereign? If he is right in principle in the one case, he would unquestionably be right in the other. If he may rightfully, continue the war . against' the South to sustain the one, .why may ho not as rightfully turn his armies against the North to, establish the " other? ; . ' . ' ' But the timid among us may say, 1iow are we to meet and repel his armies, if Mr. Lincoln shall con tinue to rrject these, terms; as be claims not only the right to govern us, but he claims the right to take from us all that we-have. - The answer is plain. 'Let every man do his duty; ' and let us as s people place our trust .in God, and we shall certainly repel his assaults, and achieve our Iiiilepen4ance, and ii true to ourselves and poa- ' terity we .shall . maintain our constitutional liberty also. . The achievement of our independence is a great object but no greater ' than the preservation of constitutional liberty. . V The g-jod man cannot read taa late proclamation of -air. Lincoln, withouc being, struck with the re semblance between it, and similar one, issued sere ral thousand years ngo, by. Ben-hadad, king of. Syria That wicked king deaiedlin others the right of self- gowrament; and vaunting himself in numbers, and putting bis trostiot chariots and horses, he invade I Israel, and. bessiged Samaria with an overwhelming; force. When) the king of Israel, With a small band, reniiitedhis,otrance lntothe city, the Syrian king sent hiiu this message : " Thou shalt deliver toe thv si'vw and. thy,-gold, and thy w.ives, and thy child- -rea yet Ii will tend my. servants unto thee to mor- vow, about thift.time. and thev shall search thy house and the houses of thy servants, and it shall be, that whatsoever is pleaint in thine eyes,, they sMLpniiiUhejr hm$s and take it away." Tho r long of Israel consulted the Elders, af-er receiving thia srmirant mussaze and Tcnlied: "This thing I way not do. lien-hadad enrageu ai mis repiy, u confident of his strength, sent back and said : "Ehp G.!de.do so to me, and more alao, if the ( dnst of Samaria shall suffice, for haiidfuls, for all the people that follow me." The king bTIsrael an i nd Raid. u Tell him. let not bira that girdeth .on hi harness, boost himself as he that putteth it off". " - rh uanit wis that tha small hand of Lraei'.tcs guided by Jehovah, attacked the Syrian armies, and routed them with great slaughter, and upon a se cond trial of strength the Syrian armies were de stroyed and their king saade captive. When Mr. Lincoln, following the example of this wicked king, and relying upon his chariots, and hi vart armies to sustain a course equally unjust, proclaims to u that all we have is his,"and trut h will send his servant, whose number are over whelming, with arms in their hand? to take it, and threatens vengeance if we" rewst ; let us "Tell himj. let not hiai that girdeth on his harness, boast himself as be that putteth it off" -The race Is not to the swift, nor the battle to the strong. "God isthe judge, he putteth. down one and set teth up another." " V Not doubting the justice of out cause, let m stand in our allotted phcei,-aod in the name of Hiui who rules the b-vsts of Heaven, and the armies of earth, let us conlinue to strike for liberty and indefa dence, and our efforts will ultimately be. crowned with iriUiiuUaut success. - . ". JOSEPH E. BROWN. ' 9

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