States, as adopted in 1787, must yield in all points of conflict to the subsequent Amendments of 1789, which are also copied into our present Constitution, and which contain the prohibitions above quoted, and were adopted with the declared purpose of adding further declaratory and restrictive clauses. 2d. That "due process of law" for seizing the persons of the people, as defined by the Constitution itself, is a warrant issued upon probable cause, supported by oath or affirmation, and particularly describing the persons to be seized; and the issuing of such warrants, being the exertion of a judicial power, is, if done by any Branch of the Government except the Judiciary, a plain violation of that provision of the Constitution, which vests the Judicial power in the Courts alone; and, therefore, all seizures of the persons of the people, by any officer of the Confederate Government, without warrant, and all warrants for that purpose, from any but a Judicial source, are, in the judgment of this General Assembly unreasonable and unconstitutional. 3d. That the recent Act of Congress to suspend the Privilege of the Writ of Habeas Corpus in cases of arrests ordered by the President, Secretary of War, or General Officer commanding the Trans-Mississippi Military Department, is an attempt to sustain the military authority in the exercise of the Constitutional Judicial function of issuing warrants, and to give validity to unconstitutional seizures of the persons of the people; and as the said Act, by its express terms, confines its operation to the upholding of this class of unconstitutional seizures, the whole suspension attempted to be authorized by it, and the whole Act itself, in the judgment of this General Assembly, are unconstitutional. 4th. That in the judgment of this General Assembly, the said Act is a dangerous assault upon the Constitutional power of the Courts, and upon the liberty of the people, and beyond the power of any possible necessity to justify it; and while our Senators and Representatives in Congress are earnestly urged to take the first possible opportunity to have it repealed, we refer the question of its validity to the Courts, with the hope that the people and the Military authorities will abide by the decision. 5th. That as Constitutional Liberty is the sole object which our people and our noble army have, in our present terrible struggle with the Government of Mr. Lincoln, so also is a faithful adherence to it, on the part of our own Government, through good fortune in arms, and through bad, one of the great elements of our strength and final success; because the constant contrast of Constitutional Government on our part with the usurpations and tyrannies, which characterize the Government of our enemy, under the ever-recurring and ever-false plea of the necessities of war, will have the double effect of animating our people with an unconquerable zeal, and of inspiring the people of the North more and more, with a desire and determination to put an end to a contest which is waged by their Government openly against our liberty, and as truly, but more covertly, against their own. III. A SYNOPSIS OF THE DECISION OF THE SUPREME COURT OF THE STATE OF PENNSYLVANIA, ON THE CONSTITUTIONALITY OF THE FEDERAL CONSCRIPTION ACT OF MARCH 3d, 1863, AS PUBLISHED IN MCPHERSON'S "HISTORY OF THE REBELLION," PAGE 273, AND WHICH EMBODIES THE AUTHOR'S VIEWS OF THE CONFEDERATE ACT OF CONSCRIPTION, PASSED APRIL 16th, 1862, WHICH IS REFERRED TO IN THE TEXT ON PAGE, 574. 1. The Constitution of the United States recognizes only two sorts of military land forces, viz.: the "Militia," and the "Regular or standing Army." 2. The Conscription Act of March 3, 1863, is not founded on that Clause of the Constitution which provides for calling forth the Militia, because the persons drafted under the act are not to be armed, organized, and disciplined under the militia law, nor are they called forth under State officers, as required by the Constitution. 3. There is no power given to recruit the Regular Army by forced levies. This can only be done by voluntary enlistments. 4. The mode of "raising armies" by forced recruiting for the suppression of Rebellion or Insurrection, is not authorized by the Constitution, because such cases are expressly provided for by the power therein given for calling out the dormant forces, or militia. 5. The Constitution authorizes levies of the "militia of the States," in its organized form in cases of Rebellion and Invasion, but in no other case or mode than is therein provided. 6. The mode of Coercion provided for this purpose, by the Act of March 3, 1863, is unconstitutional, because (1.) It is incompatible with the provisions of the Constitution relative to the militia. (2.) It exhausts the Militia force of the several States, which existed as an institution before the formation of the Federal Government, and was not only not granted away, but expressly reserved at the formation of the Constitution; annuls the remedy for Insurrection expressly provided by the Constitution, and substitutes a new one not therein provided for; and converts into National forces as part of the Regular Army of the General Government the whole militia force of the States, not on the contingency therein provided for, nor in the form therein prescribed, but entirely irrespective thereof. (3.) It incorporates into this new national force every civil officer of the State except the Governor, and every officer of its social institutions and military organization within the prescribed age, thus subjecting the civil, social, and military organizations of the States to the Federal power to "raise armies." (4.) It provides for a thorough fusion of the Army and the Militia, two forces which are kept distinct by the Constitution, by investing the President with power to assign the soldiers obtained by the draft to any corps, regiment, or branch of service at his pleasure. (5.) It subjects the citizen to the Rules and Articles of War before he is in "actual service," and proposes to effect this purpose by merely drawing his name from a wheel, and serving notice of that fact upon him. The Key-note of Judge Woodward's opinion is this paragraph: The great vice of the Conscript law is, that it is founded on an assumption that Congress may take away, not the State rights of the citizen, but the security and foundation of his State rights. And how long is civil liberty expected to last, after the securities of civil liberty are destroyed? The Constitution of the United States committed the liberties of the citizen in part to the Federal Government, but expressly reserved to the States, and the people of the States, all it did not delegate. It gave the General Government a standing Army, but left to the States their Militia. Its purposes in all this balancing of powers were wise and good, but this legislation disregards these distinctions and upturns the whole system of Government, when it converts the State militia into "National forces," and claims to use and govern them as such. R. MESSAGE OF PRESIDENT DAVIS ON THE HAMPTON ROADS CONFERENCE. EXECUTIVE OFFICE, RICHMOND, February 6, 1865. TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE CONFEDERATE STATES OF AMERICA: HAVING recently received a written notification, which satisfied me that the President of the United States was disposed to confer informally with unofficial agents which might be sent by me, with a view to the restoration of peace, I requested the Hon. Alexander H. Stephens, the Hon. R. M. T. Hunter, and the Hon. John A. Campbell, to proceed through our lines, and to hold conference with Mr. Lincoln, or any one he might depute to represent him. I herewith transmit, for the information of Congress, the report of the eminent citizens above named, showing that the enemy refused to enter into negotiations with the Confederate States, or any one of them separately, or to give to our people any other terms or guaranties than those which the conqueror may grant, or to permit us to have peace on any other basis than our unconditional submission to their rule, coupled with the acceptance of their recent legislation on the subject of the relations between the White and Black populations of each State. Such is, as I understand it, the effect of the Amendment to the Constitution which has been adopted by the Congress of the United States. JEFFERSON DAVIS. Richmond, Va., February 5, 1865. TO THE PRESIDENT OF THE CONFEDERATE STATES: SIR: Under your letter of appointment of the 28th ult., we proceeded to seek an "informal conference" with Abraham Lincoln, President of the United States, upon the subject mentioned in the letter. The conference was granted, and took place on the 30th inst., on board of a steamer in Hampton Roads, where we met President Lincoln and the Hon. Mr. Seward, Secretary of State of the United States. It continued for several hours, and was both full and explicit. We learned from them that the Message of President Lincoln to the Congress of the United States, in December last, explains clearly and distinctly his sentiments as to the terms, conditions, and method of proceeding, by which peace can be secured to the people, and we were not informed that they would be modified or altered to obtain that end. We understand from him that no terms or proposals of any treaty, or agreement, looking to an ultimate settlement, would be entertained or made by him with the Confederate States, because that would be a recognition of their existence as a separate Power, which, under no circumstances, would be done; and for like reasons that no such terms would be entertained by him from the States separately; that no extended truce or armistice (as at present advised) would be granted, without a satisfactory assurance in advance of a complete restoration of the authority of the United States over all places within the States of the Confederacy. That whatever consequence may follow from the reëstablishment of that authority must be accepted; but that individuals, subject to pains and penalties under the laws of the United States, might rely upon a very liberal use of the power confided to him to remit those pains and penalties if peace be restored. During the conference the proposed Amendment to the Constitution of the United States, adopted by Congress on the 31st ult., was brought to our notice. This Amendment declares that neither Slavery nor in voluntary servitude, except for crimes, should exist within the United States, or any place within their jurisdiction, and that Congress should have power to enforce this Amendment by appropriate legislation. Of all the correspondence that preceded the conference herein mentioned, and leading to the same, you have heretofore been informed. Very respectfully, your obedient servants, ALEX. H. STEPHENS, II. MESSAGE OF PRESIDENT LINCOLN ON THE HAMPTON ROADS CONFERENCE. TO THE HONORABLE HOUSE OF REPRESENTATIVES: In response to your resolution of the 8th inst., requesting information in relation to a conference held in Hampton Roads, I have the honor to state that on the date I gave Francis P. Blair, Senior, a card written as follows, to wit: December 28, 1864. "Allow the bearer, F. P. Blair, Sr., to pass our lines, go South and return. (Signed) "A. LINCOLN." That at the time I was informed that Mr. Blair sought the card as a means of getting to Richmond, Va., but he was given no authority to speak or act for the Government. Nor was I informed of anything he would say or do on his own account or otherwise. Mr. Blair told me that he had been to Richmond and had seen Mr. Jefferson Davis, and he (Mr. Blair) at the same time left with me a manuscript letter as follows, to wit: "F. P. BLAIR, ESQ. : "Richmond, Va., January 12, 1865. "SIR: I have deemed it proper and probably desirable to you to give you in this form the substance of the remarks made by me to be repeated by you to President Lincoln, etc. I have no disposition to find obstacles in forms, and am willing now, as heretofore, to enter into negotiations for the restoration of peace. I am ready to send a Commission whenever I have reason to suppose it will be received, or to receive a Commission if the United States Government shall choose to send one. Notwithstanding the rejection of our former offers, I would, if you could promise that a Commission, Minister, or other agent would be received, appoint one immediately, and renew the effort to enter into a conference with a view to secure peace to the two countries. "Yours, etc., JEFFERSON DAVIS." |