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        <title><emph>Message of His Excellency Joseph E. Brown, to the Extra Session of the Legislature,
Convened March 10th, 1864, Upon the Currency Act; Secret Sessions of Congress; The Late Conscription Act; The Unconstitionality of the Act Suspending the Privilege of the Writ of Habeas Corpus, in Cases of Illegal Arrests Made by the President; The Causes of the War and Manner of Conducting It; And the Terms Upon Which Peace Should be Sought &amp;c.:</emph>
Electronic Edition.</title>
        <author>Georgia. Governor (1857-1865 : Brown) </author>
        <funder>Funding from the Institute of Museum and Library
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        <pubPlace>University of North Carolina at Chapel Hill, </pubPlace>
        <date>2000.</date>
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            <title type="title page">Message of His Excellency Joseph E. Brown, to the Extra Session of the Legislature,
Convened March 10th, 1864, Upon the Currency Act; Secret Sessions of Congress; The Late Conscription Act; The Unconstitionality of the Act Suspending the Privilege of the Writ of Habeas Corpus, in Cases of Illegal Arrests Made by the President; The Causes of the War and Manner of Conducting It; And the Terms Upon Which Peace Should be Sought &amp;c.</title>
            <author>Joseph E. Brown</author>
          </titleStmt>
          <extent>48  p.</extent>
          <publicationStmt>
            <pubPlace>Milledgeville, Ga.</pubPlace>
            <publisher>Boughton, Nisbet, Barnes &amp; Moore, State Printer</publisher>
            <date>1864</date>
            <authority/>
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            <item>Currency question -- Confederate States of America.</item>
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            <item>Georgia. Militia -- History -- Civil War, 1861-1865.</item>
            <item>Federal-state controversies -- Confederate States of
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          <titlePart type="main">MESSAGE
<lb/>
OF
<lb/>
HIS EXCELLENCY JOSEPH E. BROWN,
<lb/>
TO THE
<lb/>
<hi rend="italics">EXTRA SESSION OF THE LEGISLATURE,</hi><lb/>
CONVENED MARCH 10TH, 1864,
<lb/>
UPON THE CURRENCY ACT; SECRET SESSION OF CONGRESS;<lb/>
THE LATE CONSCRIPTION ACT; THE UNCONSTITUTIONALITY<lb/>
OF THE ACT SUSPENDING<lb/>
THE PRIVILEGE OF THE WRIT OF HABEAS<lb/>
CORPUS, IN CASES OF ILLEGAL ARRESTS<lb/>
MADE BY THE PRESIDENT;<lb/>
THE CAUSES OF THE WAR AND MANNER OF CONDUCTING<lb/>
IT; AND THE TERMS UPON WHICH<lb/>
PEACE SHOULD BE SOUGHT, &amp;C.</titlePart>
        </docTitle>
        <docImprint><publisher>BOUGHTON, NISBET, BARNES &amp; MOORE, STATE PRINTER</publisher>
<pubPlace>MILLEDGEVILLE, GA.,</pubPlace>
<docDate>1864.</docDate></docImprint>
      </titlePage>
    </front>
    <pb id="brown3" n="3"/>
    <body>
      <div1 type="message">
        <head>MESSAGE.</head>
        <opener><dateline>EXECUTIVE DEPARTMENT,
<lb/>MILLEDGEVILLE, GA., <date>March 10th 1864.</date></dateline>
<salute><hi rend="italics">To the Senate and House of Representatives:</hi></salute></opener>
        <p>The patriotic zeal exhibited by you at your late session,
for the promotion of the interest and protection of the liberties
of the country, and the personal kindness and official
courtesy which I received at your hands, and for which I
renew my thanks, have satisfied me that laying aside all
past party names, issues and strifes, your object as legislators
is to discharge faithfully your official duties, and to
sacrifice all private interests and personal preferences to the
public good. In view of these considerations, I feel that I
can rely upon your counsels as a tower of strength in time
of darkness and gloom. I have therefore convened you
that I may have the benefit of your advice and assistance,
at this critical juncture in our State and Confederate affairs.</p>
        <div2 type="transportation">
          <head>TRANSPORTATION OF CORN TO INDIGENT SOLDIERS FAMILIES.</head>
          <p>Since your adjournment, experience has shown that it is
not possible without assistance from the State, which will
require further legislation, for the agents of the counties,
where there is great scarcity for provisions, to secure transportation
for the corn purchased in South Western and
Middle Georgia, to the places where it is needed. To meet
this difficulty, I respectfully recommend the passage of a
law, authorizing the Quarter-Master General of this State,
or such other officer as the Governor may from time to
time designate, under the order of the Governor, to take
possession of and control any of the Rail Roads in the
State, with their rolling stock, or any other available conveyance,
and require that corn or other provisions for the
needy or for the county agents for soldiers families, be
transported in preference to all other articles or things, except
the troops and the supplies necessary for the support
of the armies of the Confederate States, and that the act
provide for the payment of just compensation, for the use
of such means of transportation, while in possession of the
authorized officers of this State—the compensation to be
paid out of the money already appropriated as a relief fund,
by the agents or persons at whose request the transportation
may be furnished.</p>
          <p>Experience has also proved, that the counties of North
Eastern Georgia most remote from the Railroad, cannot obtain
sufficient means of transportation to carry the corn
from the Rail Road to the place of consumption. The
scarcity of teams is owing to the fact that their horses have
<pb id="brown4" n="4"/>
been taken for cavalry service, and their oxen have been
impressed for beef for the army. Finding that there was
likely to be much suffering in that section for bread for
soldiers' families, I ordered the energetic Quarter Master
General of the State, to purchase teams and wagons, by
drafts upon the military fund, and aid those most destitute
and most remote from the Rail Road, in the transportation
of the corn. If this action is approved by the Legislature,
can be employed in this service for a portion of the year.
If not approved they will at any time command more in
the market than they cost the State, if not needed for military
uses.</p>
        </div2>
        <div2 type="relief">
          <head>RELIEF FUND FOR SOLDIERS' FAMILIES.</head>
          <p>I am satisfied that the indigent families of soldiers in
many of the counties of this State, are not receiving the
benefits to which they are entitled, on account of the neglect
or mismanagement of the Inferior Courts. Six millions
of dollars have been appropriated for this purpose for the
present year, which, if properly applied, is sufficient to prevent
any actual suffering<sic corr=".">,</sic> Complaints come up constantly
that adequate provisions are not made for the needy. In
many cases, I have no doubt these complaints are well
founded. As evidence of the neglect of part of the Courts,
it may be proper to state, that great as the destitution is
among those entitled to the fund, the amount due for the
last quarter of last year, has not in some cases been applied
for. Some Courts have not yet sent in their reports of the
number entitled for the present year, so as to enable me
to have the calculation made, and the amount due each
<sic corr="county">connty</sic> ascertained; while many of the counties have made
no application for any part of the fund appropriated for
this year.</p>
          <p>While the Governor has power to require the courts to
make reports of the disposition made of the fund, in cases
where he suspects it is being improperly applied, and to
withhold payments to the courts in such cases; he has no
power to compel the courts to do their duty, nor can he
take the fund from them and appoint any other person or
agent to distribute it among those for whom it is intended.
If the courts fail to act, the law makes no other provision
for the distribution of the fund. Unless some better plan
is adopted, I am satisfied the objects of the Legislature
will be very imperfectly carried out in many of the counties,
and the needy will not receive the benefits of the liberal
provision made for them by the appropriation. As it
may be necessary to provide for the appointment of active,
reliable agents in the counties, to assist the courts, or to
take charge of the fund in case of neglect or mismanagement
by them, I respectfully suggest that provision should
be made for commissioning all such, as officers of this
<pb id="brown5" n="5"/>
State, so as to protect them against conscription. It will
be impossible to relieve the needy, if our most valuable
county agents are taken from the discharge of their important
duties by the enrolling officers of the Confederacy.</p>
          <p>Provision should also be made for the removal from office,
of all Justices of the Interior Courts, who neglect or
refuse to discharge duties promptly and faithfully.</p>
        </div2>
        <div2 type="cotton">
          <head>COTTON PLANTING.</head>
          <p>Having on former occasions, brought the question of farther
restriction of cotton planting to the attention of the General
Assembly, I feel a delicacy in again recurring to
that subject. The present prices of provisions and the
great importance of securing a continued supply of the
necessaries of life, are my excuse for again earnestly recommending
that the law be so changed as to make it highly
penal for any person to plant or cultivate, in cotton, more
than one quarter of an acre to the hand till the end of the
war.</p>
          <p>This additional restraint is not necessary to control the
conduct of the more liberal and patriotic portion of our
people; but there are those, who for the purpose of making
a little more money, will plant the last seed allowed by
law without stopping to enquire whether they thereby
endanger the liberties of the people, and the independence
of the Confederacy.</p>
          <p>To control the conduct of this class of persons, and to
the extent of our ability to provide against the possible
contingency of a failure of supplies in future, I feel it to
be an imperative duty, again to urge upon your consideration
the importance of the legislation above recommended.</p>
        </div2>
        <div2 type="distillation">
          <head>ILLEGAL DISTILLATION.</head>
          <p>I beg leave again to call the attention of the General
Assembly to the illegal distillation of grain into spirituous
liquors. So great are the profits realized by those engaged
in this business that the law is evaded in every way that
ingenuity can devise; and I am satisfied that the evil can
not be effectually suppressed without farther and more
stringent legislation. Some of the Judges have ruled that
the act passed at your last session, does not give them authority
to draw and compel the attendance of a jury out
of the regular term time of the Court, to try the question
of nuisance, while some public officers have shown no
disposition to act, for fear of incurring the ill-will of persons
of wealth and influence, who are engaged in the daily
violation of the law.</p>
          <p>Distillers in some parts of the State, are paying ten dollars
per bushel for corn to convert into whiskey, while
soldiers' families and other poor persons are suffering for
bread.</p>
          <pb id="brown6" n="6"/>
          <p>I renew the expression of my firm conviction, that the
evil can only be effectually suppressed by the seizure of the
stills. We now need copper for the use of the State Road
and for military uses, and I earnestly request that an act
be passed, authorizing the Governor to impress all the
stills in the State which he has reasonable ground to suspect
have been used in violation of the law, and convert
them into such material for the Road and implements of
war, as the State may need, and that he be authorized to
use all the military force necessary to accomplish the object,
and that provision be made for paying the owner just
compensation for such stills when seized. I also recommend
that provision be made for annulling the commission of
any civil or military officer of this State, who fails to exercise
vigilance and to discharge his duty faithfully in the
execution of the law against illegal distillation.</p>
        </div2>
        <div2 type="impressment">
          <head>IMPRESSMENT OF PROVISIONS.</head>
          <p>Since your last session, experience has proven that from
distrust of the currency or from other cause, many planters
have refused to sell corn or other provisions, not necessary
for their own use, to State or county agents for the market
price when offered, while soldiers' families have been suffering
for provisions.</p>
          <p>I recommend the enactment of a law authorizing State
officers, under the direction of the Governor, to make impressments
of provisions in all such cases, and providing for
the payment of just compensation to the owners of the
property impressed.</p>
        </div2>
        <div2 type="escaping slaves">
          <head>SLAVES ESCAPING TO THE ENEMY.</head>
          <p>The official reports of Federal officers are said to show
that the enemy now has 50,000 of our slaves employed
against us. If these 50,000 able bodied negroes had been
carried into the interior by their owners, when the enemy
approached the locality where they were employed, and
put to work clearing land and making provisions, we
should to-day have been 50,000 stronger and the enemy
that much weaker, making a difference of 100,000 in the
present relative strength of the parties to the struggle.
When a negro man worth $1,000 upon the gold <sic corr="?">basts</sic>, escapes
to the enemy, that sum of the aggregate wealth of
the State, upon which she should receive taxes, is lost—one
laborer who should be employed in the production of provisions
is also lost, while one laborer or one more armed
man is added to the strength of the enemy.</p>
          <p>It is therefore unjustifiable and unpatriotic for the owner
to keep his negroes within such distance of the enemy's
lines, as to make it easy for them to escape. This should
not be permitted, and to prevent it in future such laws
should be enacted as may be necessary to compel their removal
by the owner in such case, or to provide for their
forfeiture to the State.</p>
          <pb id="brown7" n="7"/>
          <p>No man has a right to use his own property so as to
weaken our strength, diminish our provision supply and add
recruits to the army of the enemy.</p>
        </div2>
        <div2 type="desertion">
          <head>DESERTION OF OUR CAUSE BY REMOVALS WITHIN THE ENEMY'S
LINE.</head>
          <p>I am informed that a number of persons in the portion of
our State, adjoining to East Tennessee, have lately removed
with their families within the lines of the enemy; and
carried with them their movable property. Those persons
have never been loyal to the cause of the South; and they
now avail themselves of the earliest opportunity to unite
with the enemies of their State.</p>
          <p>I recommend the enactment of a law, providing for the
confiscation of the property of all such persons; and that
all such property be sold, and the proceeds of the sale applied
to the payment of damages done to loyal citizens of
the same section, whose property has been destroyed, by
raids of the enemy, or by armed bands of tories.</p>
          <p>I am also informed, that some disloyal persons in that section,
have deserted from our armies; or avoiding service have
left their families behind, and gone over to the enemy, and
are now under arms against us. I am happy to learn that
the number of such persons is very small. I recommend the
confiscation of the property of this class of persons also,
and in case they have left families behind, that are a charge
to the county, that no part of the relief fund be allowed
them; but that they be carried to the enemy's lines, and
turned over to those in whose cause their husbands now
serve.</p>
          <p>I also recommend the enactment of such laws as shall
forever disfranchise and <hi rend="italics">decitizenize</hi> all persons of both classes,
should they attempt to return to this State.</p>
        </div2>
        <div2 type="currency">
          <head>THE CURRENCY.</head>
          <p>The late action of the Congress of the Confederate States
upon the subject of the currency, has rendered further legislation
necessary in this State, upon that question. It can
not be denied that this act has seriously embarrassed the financial
system of 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 affairs. Probably
the history of the past furnishes few more striking instances
of unsound policy combined with bad faith.</p>
          <p>The Government issues its Treasury notes for $100, and
binds itself, two years after a treaty of peace between the
Confederate States and the United States, to pay the bearer
that sum, and stipulates upon the face of the note, that
it is fundable in Confederate States stocks or bonds, and
receivable in payment of all public dues, except export duties.
The Congress, while the war is still progressing, passes
a statute that this bill shall be funded in about forty
<pb id="brown8" n="8"/>
days or one third of it shall be repudiated, and that a tax of ten
per cent a month shall be paid for it after that time by the holder, 
and it shall no longer be receivable in payment of public
dues, and if it is not funded by the 1st of January next,
the whole debt is repudiated. Did the holder take the note,
with any such expectation? Was this the contract, and is
this the way the government 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 funded in <hi rend="italics">eight</hi> per cent bonds.
When?  The plain import is, and so understood by all at
the time of their issue, that it may be done at any time
before the day fixed on the face of the note for its payment.
With what semblance of good faith then does the government
before that time, compel the holder to receive a <hi rend="italics">four</hi>
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
hundred millions of dollars, in forty days? This is
certainly a new chapter in financiering.</p>
          <p>The country expected the imposition of a heavy tax, and
all patriotic citizens were prepared to pay it cheerfully at
any reasonable sacrifice; but repudiation and bad faith were
not expected, and the authors of it cannot be held guiltless.</p>
          <p>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
be annoyed during its consideration by the murmurs
of public disapprobation being echoed back into the Legislative
Hall. And to make assurance doubly sure, they
fixed the day for the assembling of their successors, at a
time too late to remedy the evil, or afford adequate redress
for the wrong.</p>
          <p>These <hi rend="italics">secret sessions</hi> of Congress are becoming a blighting
to the country. They are used as a convenient mode
of covering up from the people, such acts or expressions of
representatives as will not bear investigation in the
light of day. Almost every act of usurpation of power, or
of bad faith, has been conceived, brought forth and nurtured,
in <hi rend="italics">secret session</hi>. If I mistake not, the British Parliament
never discussed a single measure in secret session during
the whole period of the Crimean War. But if it is necessary
to discuss a few important military measures, such as
may relate to the movement of armies &amp;c., in secret session
it does not follow that discussions of questions pertaining
to the currency, the suspension of the writ of <hi rend="italics">Habeas
Corpus</hi>, and the like, should all be conducted in secret session.
The people should require all such measures to be
<pb id="brown9" n="9"/>
discussed with open doors, and the press should have the
liberty of reporting and freely criticising the acts of our
public servants. In this way the reflection of the popular
will back upon the representative, would generally cause
the defeat of such unsound measures, as those which are
now fastened upon the country in defiance of the will of
the people.</p>
          <p>But dismissing the past and looking to the future, the
inquiry presented for our consideration is, how shall the
State authorities act in the management of the finances of
the State? As the Confederate States Treasury notes constitute
the currency of the country, the State has been obliged
to receive and pay them out, and she must continue
to do so as long as they remain the only circulating medium.
The present Legislature has very wisely adopted the
policy, in the present depreciated condition of the currency,
of collecting by taxation a sufficient sum in currency, to
pay the current appropriations of the State Government,
instead of adding them to the debt of the State to be paid
in future upon the gold basis. If the State issues her own
bonds and puts them upon the market, or if she issues her
own Treasury notes redeemable at a future day in her bonds,
she adds the amount issued to her permanent indebtedness,
and defeats the policy of paying as she goes, as her
own bonds or notes would then be out, and could not be
redeemed with the Confederate notes when received into her
Treasury.</p>
          <p>If the State receives in payment, of taxes the present
Confederate Treasury notes, they will be reduced in amount
one-third by act of Congress after 1st April next, and the
State receiving them at par pays a Confederate Tax of 33 1/3
per cent upon all monies that pass through her Treasury.
This of course cannot be submitted to.</p>
          <p>The repudiation policy of Congress, seems therefore to
have left us but one alternative, and that is to receive and
pay out only such issues of Confederate notes, as under the
acts of Congress pass at par, without the deduction of 33 1/3
or any other per cent<corr sic="no punctuation">.</corr> But as we are obliged to have funds
before the time when the new issues of Confederate notes
can go into circulation, the question presented is, how shall
we supply the Treasury in the mean time? In my judgment
the proper plan will be to issue State Treasury notes,
payable on the 25th day of December next at the Treasury,
and in each of the more important cities of this State, in
Confederate Treasury notes, of such issue as may be made
after 1st April next, to be used as circulating medium.
This enables the State to anticipate the new issues, and use
them in advance of their circulation by Confederate
authority. The new Georgia Treasury notes of this issue,
would be just as good as the new issue of Confederate
notes; because payable in them; and would be as current
<pb id="brown10" n="10"/>
in payment of debts. The act should provide that all taxes
hereafter due the State for this year, shall be payable in
the Confederate Treasury notes of the new issue, and that
they shall be deposited in the Treasury when collected, to
redeem the State notes payable in them. The act should
also provide that the State notes shall be returned, and the
Confederate notes received in place of them within three
months after they are due, or that the State will no longer
be liable for their payment. This would prevent holders
from laying them away, and refusing to bring them in for
payment when due, according to the terms of the contract.
As the State tax is not due until next fall, there will be an
abundant supply of the new Confederate notes in circulation
by that time, to obviate all difficulty in obtaining them
by our people to pay the tax.</p>
          <p>I recommend the passage of a joint resolution authorizing the
Governor to have funded in the six per cent bonds, provided
for by the act of Congress, all Confederate notes which
may remain in the Treasury, or may be in the hands of any
of the financial agents of the State, after the first day of
April next, and to sell and dispose of such bonds at their
market value in currency, which can be made available in
payments to be made by the Treasury, and to credit the
Treasurer with any losses that may accrue by reason of the
failure of the bonds to bring par in the market.</p>
        </div2>
        <div2 type="orphans">
          <head>ORPHANS' ESTATES.</head>
          <p>On account of the present depreciated value of the Confederate
securities, I recommend the repeal of the law which
authorizes Executors, Administrators and Trustees to invest
the funds of those whom they represent in these securities.
As the law stands, it enables unscrupulous fiduciary agents
to perpetrate frauds upon innocent orphans, and other helpless
persons represented by them, and in effect compels orphans,
and those represented by trustees, to invest their
whole estates in government bonds, which no other class is
required to do.</p>
        </div2>
        <div2 type="furloughs">
          <head>FURLOUGHS REFUSED.</head>
          <p>On the 27th of February, when I issued my Proclamation,
calling you into extra session, I telegraphed the Secretary
of War, and asked that furloughs be granted to members
in military service, to attend the session, and received
a reply stating that it had “been concluded not to grant
furloughs to attend the session,” that, “officers so situated
are entitled to resign and may so elect.”</p>
          <p>I regret this determination of the Confederate government,
as it places our gallant officers who have been elected
by the people to represent them, and to whom, as well
as their predecessors similarly situated, furloughs were never
before denied, in a position where it costs them their
commissions to attempt to discharge their duties as Representatives
of the people.</p>
        </div2>
        <pb id="brown11" n="11"/>
        <div2 type="new militia">
          <head>THE NEW MILITIA ORGANIZATION AND CONSCRIPTION.</head>
          <p>Since your adjournment in December, the Adjutant and
Inspector General, under my direction, has done all in his
power to press forward the organization of the militia of
the State, in conformity to the act passed for that purpose;
and I have the pleasure to state, that the enrollments are
generally made, except in a few localities, where proximity
to the enemy has prevented it; and the organizations will
soon be completed.</p>
          <p rend="italics">At this stage in our proceedings, we are met with formidable
obstacles, thrown in our way by the late act of Congress,
which subjects those between 17 and 50 to enrollment
as Conscripts, for Confederate service. This act of
Congress proposes to take from the State, as was done on
a former occasion, her entire military force, who belong to
the active list, and to leave her without a force, in the different
counties, sufficient to execute her laws or suppress servile
insurrection.</p>
          <p>Our Supreme Court has ruled, that the Confederate 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
Confederate government, and thereby take from the States
all command over their own citizens, to execute their own
laws, and place the internal police regulations of the States
in the hands of the President. It is one thing to “raise
armies”, and another, and quite a different thing, to put the
whole population at home under military law, and compel
every man to obtain a military detail, upon such terms as
the central government may dictate, and to carry a military
pass in his pocket while he cultivates his farm, or attends
to his other necessary avocations at home.</p>
          <p>Neither a planter nor an overseer engaged upon the farm,
nor a blacksmith making agricultural implements, nor a
miller grinding for the people at home, belongs to, or constitutes
any part of the armies of the Confederacy; and
there is not the shadow of Constitutional power, vested in
the Confederate government, for conscribing and putting
these classes, and others engaged in home pursuits, under
military rule, while they remain at home to discharge these
duties. If conscription were constitutional as a means of
raising armies by the Confederate government, it could not
be constitutional to conscribe those not <hi rend="italics">actually</hi> needed, and
to be <hi rend="italics">employed</hi> in the army, and the constitutional power 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 in their fields,
shoe their farm horses, or to go to mill.</p>
          <pb id="brown12" n="12"/>
          <p>Conscription carried to this extent, is the essence of military
despotism; placing all civil rights in a state of subordination
to military power, and putting the personal freedom
of each individual, in civil 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 right 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.</p>
          <p>If all between 17 and 50 are to be enrolled and placed
in constant military service, we must conquer the enemy
while we are consuming our present crop of provisions, or
we are ruined; 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 anything about our
agricultural interests and resources, will readily admit
this.</p>
          <p>If, on the other hand, it is not the intention to put those
between 17 and 18, and between 45 and 50, into service, as
<hi rend="italics">soldiers</hi>, but to leave them at home to produce supplies, and
occasionally to do police and other duties, within the State,
which properly belong to the militia of a State; or in other
words, if it is the intention simply to take the control of
them from the State, so as to deprive her of all power, and
leave her without sufficient force to execute her own laws,
or suppress servile insurrection, and place the whole militia
of the State, not needed for constant service, in the Confederate
armies, under the control of the President, while
engaged in their civil pursuits, the act, is unconstitutional
and oppressive, and ought not to be executed.</p>
          <p>If the act is executed in this State, it deprives her of her
whole <hi rend="italics">active</hi> militia, as Congress has so shaped it as to include
the identical persons embraced in the act passed at
your late session, and to transfer the control of them all
from the State to the Confederate government.</p>
          <p>The State has already enrolled these persons under the
solemn act of her Legislature, for her own defense, and it is
a question for you to determine, 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
<pb id="brown13" n="13"/>
by adopting the language of the present able and patriotic
Governor of Virginia: “A sovereign State without
a soldier, and without the dignity of strength—stripped of
all her men, and with only the form and pageantry of power
—would indeed be nothing more than a wretched dependency,
to which I should grieve to see our proud old Commonwealth
reduced.”</p>
          <p>I may be reminded that the enemy has three times as
many white men, able to bear arms, as we have, and that it
is necessary to take all between the ages above mentioned,
or we cannot keep as many men in the field as he does.</p>
          <p>If the result depended upon our ability to do this, we
must necessarily fall. But, fortunately for us, this is not
the case. While they have the advantage in numbers, we
have other advantages, which, if properly improved, they
can never overcome. We are the invaded party, in the
right, struggling for all we have, and for all that we expect
our posterity to inherit. This gives us great moral
advantage over a more powerful enemy, who, as the invaders,
are in the wrong, and are fighting for conquest and
power. We have the inner and shorter lines of defense,
while they have the longer and much more difficult ones.
For instance, if we desire to reinforce Dalton from Wilmington,
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 diameter of a semicircle.
This difference in our favor is as great as four to
one, and enables us, if our troops are properly handled, to
repel their assaults with little more than one-fourth their
number.</p>
          <p>In consideration of these and numerous other advantages
which an invaded people, united and determined to be free,
always has, it is not wise policy for us to undertake to keep
in the field as large a number as the enemy has.</p>
          <p>It is the duty of those in authority in a country, engaged
in a war which calls for all the resources at command, to
consider well what proportion of the whole population can
safely be kept under arms. In our present condition, surrounded
by the enemy and our ports blockaded, so that we
can place but little dependence upon foreign supplies, we
are obliged to keep a sufficient number of men in the agricultural
fields, to make supplies for our troops under arms
and their families at home, or we must ultimately fail.</p>
          <p>The policy which would compel all our men to go to the
military field, and leave our farms uncultivated and our
workshops vacant, would be the most fatal and unwise that
<pb id="brown14" n="14"/>
could be adopted. In that case, the enemy need only avoid
battle and continue the war till we consume the supplies
now on hand, and we would be completely in their power.</p>
          <p>There is a certain proportion of a people in our 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, every man taken from the field of
production, and placed as a consumer in the military field,
makes us that much weaker; and if 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 reason 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.</p>
          <p>We are able to keep constantly under arms two hundred
thousand effective men, and to support and maintain that
force, by our own resources and productions, for twenty
years to come. No power nor State can ever be conquered
so long as it can maintain that number of good troops. If
the enemy should bring a million against us, let us remember,
that there is such a thing as whipping the fight without
fighting it; and, avoiding pitched battles and unnecessary
collisions, let us give this vast force time to melt away
under the heat of summer and the snows of winter, as did
Xerxes' 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
economised. In properly economising our strength and
husbanding our resources, lie our best hope of success.</p>
          <p>Instead of making constant new drafts upon the agricultural
and mechanical labor of the country for recruits for
the army, to swell our numbers beyond our present muster
rolls, which must prove our ruin if our provisions fail, I
respectfully submit that it would be wiser to <hi rend="italics">put the troops
into the army</hi>, and leave men enough at home to support
them. In other words, compel the thousands of young officers
in gold lace and brass buttons, who are constantly seen
crowding our railroads and hotels, many of whom can seldom
be found at their posts, and 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 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 gallant 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 countenanced or tolerated at home, while
their names stand upon the muster rolls?</p>
          <pb id="brown15" n="15"/>
          <p>If all who are able for duty, and who are now nominally
in service drawing pay from the Government, 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.</p>
        </div2>
        <div2 type="conflict">
          <head>CONFLICT WITH THE CONFEDERATE GOVERNMENT.</head>
          <p>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 <hi rend="italics">conflict</hi>, and to criticise and condemn the
action of Georgia, in every case where her constituted authorities
protest against the encroachments of the central
power, and seek to maintain her dignity and sovereignty as
a State, and the constitutional rights and liberties of her
people.</p>
          <p>Those who are unfriendly to State sovereignty, and desire
to consolidate all power in 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 constitutional rights of the States, fill the
newspaper presses with the cry of <hi rend="italics">conflict</hi>, and warn the
people to beware of those who seek to maintain their constitutional
rights, as <hi rend="italics">agitators</hi> or <hi rend="italics">partisans</hi> who may embarrass
the Confederate Government in the prosecution of the
war.</p>
          <p>Let not the people be deceived by this false clamor. It
is the same cry of <hi rend="italics">conflict</hi> 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 encroachments and refuse to yield to their aggressions.</p>
          <p>When did Georgia embarrass the Confederate Government
in any matter pertaining to the vigorous prosecution
of the war? When did she fail to furnish more than her
full quota of troops, when she was called upon as a State
by the proper Confederate authority? And when did her
gallant sons ever quail before the enemy, or fail nobly to
illustrate her character upon the battle field?</p>
          <p>She can not only repel the attacks of her enemies on the
field of deadly conflict, but she can as proudly repel the
assaults of those who, ready to bend the knee to power for
position and patronage, set themselves up to criticise her
conduct; and she can confidently challenge them to point to
a single instance in which she has failed to fill a requisition
for troops made upon her through the regular constitutional
channel. To the very last requisition made, she responded
with over double the number required.</p>
          <p>She stands ready at all times to do her whole duty to the
<pb id="brown16" n="16"/>
cause and to the Confederacy, but while she does this, she
will never cease to require that her constitutional rights be
respected, and the liberties of her people preserved. While
she deprecates all conflict with the Confederate Government,
if to require these be <hi rend="italics">conflict</hi>, the <hi rend="italics">conflict</hi> will never
end till the object is attained.</p>
          <p><q direct="unspecified"><lg type="verse"><l>“For freedom's battle once begun,</l><l>Bequeath'd by bleeding sire to son,</l><l>Though baffled oft is ever won,“</l></lg></q>
will be emblazoned in letters of living light upon her proud
banners, until State sovereignty and constitutional liberty,
as well as Confederate independence, are firmly established.</p>
        </div2>
        <div2 type="habeas corpus">
          <head>SUSPENSION OF THE HABEAS CORPUS.</head>
          <p>I cannot withhold the expression of the deep mortification
I feel at the late action of Congress, in attempting to
suspend the privilege of the writ of <hi rend="italics">Habeas Corpus</hi>, and to
confer upon the President powers expressly denied to him by the
Constitution of the Confederate States. Under pretext
of a <hi rend="italics">necessity</hi> which our whole people know does not
exist in this case whatever may have been the motives, our
Congress, with the assent, and at the <hi rend="italics">request</hi> of the Executive,
has struck a fell blow at the liberties of these States.</p>
          <p>The Constitution of the Confederate States declares that,
“The privilege of the writ of <hi rend="italics">habeas corpus</hi> shall not be suspended,
unless when in cases of rebellion or invasion the
public safety may require it.” The power to suspend the
<hi rend="italics">habeas corpus</hi> at all, is derived, not from express and direct
delegation, but from implication only, and an implication
can never be raised in opposition to an express restriction.
In case of any conflict between the two, an implied power
must always yield to express restrictions upon its exercise.
The power to suspend the privilege of the writ of <hi rend="italics">habeas
corpus</hi> derived by implication, must therefore be always limited
by the <hi rend="italics">express</hi> declaration in the Constitution that:</p>
          <p>“The right of the people to be secure in their <hi rend="italics">persons</hi>,
houses, papers, and effects, against unreasonable searches
and seizures <hi rend="italics">shall not be violated</hi>; and <hi rend="italics">no warrants shall issue</hi>
but upon probable cause, supported by <hi rend="italics">oath or affirmation</hi>,
and particularly describing the place to be searched, and the
<hi rend="italics">persons</hi> or things to be seized,” and the further declaration
that, “no person shall be deprived of life, <hi rend="italics">liberty</hi> or property,
without due process of law.” And that,</p>
          <p>“In all <hi rend="italics">criminal prosecutions</hi> the accused shall enjoy the
right of a <hi rend="italics">speedy</hi> and public trial by an <hi rend="italics">impartial jury</hi> of the
State or District where the crime shall have been committed,
which district shall have been previously ascertained
by law, and to be informed of the nature and cause of the
accusation; to be confronted with the witnesses against
him; to have compulsory process for obtaining witnesses
in his favor; and to have the assistance of counsel for his
defense.”</p>
          <pb id="brown17" n="17"/>
          <p>Thus it is an express guaranty of the Constitution, that
the “<hi rend="italics">persons</hi>” of the people shall be secure, and “<hi rend="italics">no warrants</hi>
shall issue,” but upon probable cause, supported by
<hi rend="italics">oath</hi> or <hi rend="italics">affirmation</hi>,” particularly describing “the <hi rend="italics">persons</hi> to
be seized;” that, “no <hi rend="italics">person</hi> shall be deprived of <hi rend="italics">liberty</hi>, without
due process of law”, and that, in “all criminal 
the accused shall enjoy the right of a <hi rend="italics">speedy</hi> and
<hi rend="italics">public</hi> trial, by an <hi rend="italics">impartial jury</hi>.”</p>
          <p>The Constitution also defines the <hi rend="italics">powers</hi> of the Executive,
which, are limited to those delegated, among which
there is no one, authorizing him to issue <hi rend="italics">warrants</hi> or <hi rend="italics">order
arrests</hi> of persons not in <hi rend="italics">actual</hi> military service; or to sit as
a judge in any case, to try any person for a criminal offense,
or to appoint any <hi rend="italics">court</hi> or <hi rend="italics">tribunal</hi> to do it, not provided for
in the Constitution, as part of the judiciary. The power to
<hi rend="italics">issue warrants</hi> and try persons under criminal accusations
are <hi rend="italics">judicial</hi> powers, which belong, under the Constitution,
<hi rend="italics">exclusively</hi> to the <hi rend="italics">judiciary</hi> and not to the <hi rend="italics">Executive</hi>. His
power to order arrests, as Commander-in-Chief, is strictly a
<hi rend="italics">military</hi> power, and is confined to the arrest of <hi rend="italics">persons subject
to military power</hi>, as to the arrest of persons in the army
or navy of the Confederate States; or in the Militia, when
in the <hi rend="italics">actual</hi> 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 of the army. This
is clear from that provision of the Constitution which declares,
that,</p>
          <p>“No person shall be held to answer for a capital, or otherwise
infamous crime, unless on a <hi rend="italics">presentment</hi> or <hi rend="italics">indictment</hi> of
a <hi rend="italics">grand jury</hi>, <sic corr="except">execept</sic> in cases arising <hi rend="italics">in the land or naval forces</hi>,
or <hi rend="italics">in the militia</hi>, when in <hi rend="italics">actual service</hi> in time of war or
public danger.” But even here, the power of the President
as Commander-in-Chief, is not absolute, as his powers and
duties, in ordering arrests of persons, in the land or naval forces,
or in the militia, when in <hi rend="italics">actual</hi> service, are clearly
defined by the rules and articles of war, prescribed by Congress.
<hi rend="italics">Any warrant</hi> issued by the President, or <hi rend="italics">any arrest</hi>
made by him, or under his order, of <hi rend="italics">any person</hi> in civil life
and not subject to military command, is <hi rend="italics">illegal</hi> and in <hi rend="italics">plain
violation of the Constitution;</hi> as it is impossible for Congress,
by implication, to confer upon the President the right to
exercise powers of arrest, expressly 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 <hi rend="italics">de cachet</hi> by royal
prerogative, so long since renounced by our English ancestors;
and the denial of the right of the constitutional judiciary
to investigate such cases, and the provision for creating
a court appointed by the Executive, and changeable at his
will, to take jurisdiction of the same, are in violation of the
great principles of <hi rend="italics">Magna Charta</hi>, the Bill of Rights, the
<pb id="brown18" n="18"/>
<hi rend="italics">habeas corpus</hi> act, and the Constitution of the Confederate
States, upon which both English and American liberty
rest; and are but an attempt to revive the odious Star-Chamber
court of England, which, in the hands of wicked
kings, was used for <sic corr="tyrannical">tyranical</sic> purposes, by the crown, until
it was finally abolished 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, I append a copy of it to this message,
with the same italics and small capital letters, which are
used in the printed copy in the book from which it is taken.
It will be seen that the court of “Star-Chamber,” which
was the instrument in the hands of the English king, for
<hi rend="italics">investigating</hi> his illegal arrests and carrying 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 appoint,
to <hi rend="italics">investigate</hi> his illegal arrests.</p>
          <p>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 of the realm, and in which he has suspended, or attempted
to suspend the privilege of the writ of <hi rend="italics">habeas corpus</hi>,
since the Bill of Rights and act of settlement passed in
1689. To attempt this in 1864 would cost the present
reigning Queen no less price than her crown.</p>
          <p>The only suspension of the privilege of the writ of <hi rend="italics">habeas
corpus</hi>, 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 rebellion or invasion, in order that the
accused may be certainly and safely held for trial; but Congress
has no right, under pretext of exercising this power,
to authorize the President to make <hi rend="italics">illegal arrests</hi>, prohibited
by the Constitution; and when Congress has attempted to
confer such powers on the President, if he should order
such illegal 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 illegally 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.</p>
          <p>By an examination of the act of Congress, now under
<pb id="brown19" n="19"/>
consideration, it will be seen that it is not an act to suspend
the privilege of the writ of <hi rend="italics">habeas corpus</hi> in case of warrants
issued by <hi rend="italics">judicial authority;</hi> but the main purpose of the
act seems to be to authorize the President to issue warrants,
supported by neither <hi rend="italics">oath</hi> nor <hi rend="italics">affirmation</hi>, 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 prevent 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.</p>
          <p>The act enumerates more than twenty different causes of
arrest, most of which are cognizable, and tryable only in
the judicial tribunals established by the Constitution; and
for which <hi rend="italics">no warrants</hi> can legally issue for the arrest of persons
in civil life, by any power except the judiciary, and
then only upon probable cause, supported by <hi rend="italics">oath</hi> or <hi rend="italics">affirmation</hi>,
 particularly describing the <hi rend="italics">persons</hi> to be seized;
such as “treason” “treasonable efforts or combinations to subvert
the Government of the Confederate States,” “conspiracies
to overthrow the Government,” or “conspiracies to resist
the lawful authority of the Confederate States,” giving
the enemy “aid and comfort”, “attempts to incite
servile insurrection,” “the burning of bridges,” “Railroad,”
or “Telegraph lines,” “harboring deserters,” and “other offences
against the laws of the Confederate States,” &amp;c., &amp;c. And as if to place the usurpation of power beyond doubt
or cavil, the act expressly declares that the “suspension
shall apply only to the case of persons, <hi rend="italics">arrested or detained
by the President</hi>, the Secretary of War, or the General officer
commanding the Trans Mississippi Military Department,
<hi rend="italics">by authority and under the control of the President</hi>,” in the cases
enumerated in the act, most of which are exclusively of
judicial cognizance, and in which cases <hi rend="italics">the President</hi> has not
the shadow of Constitutional authority to <hi rend="italics">issue warrants</hi> or
order arrests, but is actually prohibited by the Constitution
from doing so.</p>
          <p>This then is not an act to suspend the privilege of the
writ of <hi rend="italics">habeas corpus</hi>, in the manner authorized by implication
by the Constitution; but it is an act to authorize the
President to make <hi rend="italics">illegal and unconstitutional arrests</hi>, in cases
which the Constitution gives to the judiciary, and denies
to the Executive; and to prohibit all judicial interference
for the relief of the citizen, when <sic corr="tyrannized">tyranized</sic> over by illegal
arrest, under letters <hi rend="italics">de cachet</hi> issued by Executive authority.</p>
          <p>Instead of the legality of the arrest being examined in
the judicial tribunals appointed by the Constitution, it is to
be examined in the Confederate Star Chamber; that is, by
<hi rend="italics">officers</hi> appointed by the President. Why say that the
“<hi rend="italics">President shall cause proper officers</hi> to investigate” the legality
<pb id="brown20" n="20"/>
of arrests ordered by him? Why not permit the Judges,
whose constitutional right and duty it is to do it?</p>
          <p>We are witnessing with too much indifference assumptions
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 encroachment upon <sic corr="constitutional">conssitutional</sic> liberty
is always followed by another; and we should not
forget that important rights, yielded to those in power, without
rebuke or protest, are never recovered by the people
without revolution.</p>
          <p>If this act is <sic corr="acquiesced">acquiesed</sic> in, the President, the Secretary
of War, and the commander of the Trans Mississippi department
under the control of the President, each has the
power conferred by Congress, to imprison whomsoever he
chooses; and it, is only necessary to <hi rend="italics">allege</hi> that it is done
on account of “treasonable efforts” or of “conspiracies to
resist the lawful authority of the Confederate States,” or
for “giving aid and comfort to the enemy,” or other of the
causes of arrest enumerated in the Statute, and have a subaltern
to file his affidavit accordingly, <hi rend="italics">after the arrest</hi> if a
writ of habeas corpus is sued out, and no Court dare inquire
into the cause of the imprisonment. The Statute makes the
President and not the courts the judge of the
sufficiency of the cause for its own acts. Either of you or
any other citizen of Georgia, may at any moment (as 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 that you have been guilty of
some offense of the character above named, and no court
known to our judiciary can inquire into the wrong or grant
relief.</p>
          <p>When such bold strides towards military despotism 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 constitutional and personal liberty, it
is the duty of every patriotic citizen to sound the alarm, and
of the State Legislatures 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.</p>
          <p>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 encroachments upon
the liberties of the people, promptly, and express their
unqualified condemnation, and to instruct their Senators,
and request their Representatives to repeal this most monstrous
act, or resign a trust, which, by permitting 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 history. I earnestly recommend that the Legislature
<pb id="brown21" n="21"/>
of this State take prompt action upon this subject,
and stamp the act with the seal of their indignant rebuke.</p>
          <p>Can the President no longer trust the judiciary with the
exercise of the legitimate powers conferred upon it by the
Constitution and laws? In what instance have the grave
and dignified Judges proved disloyal or untrue to our cause?
When have they embarrassed the government, by turning
traitors, skulkers or spies? Have they not, in every
instance, given the Government the benefit of their doubts
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?</p>
          <p>What justification exists now for this most monstrous
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 Czar of all the Russias? What reception
would the members of Congress, from the different
States, have met in 1861, had they returned to their constituents
and informed them that they had suspended the
<hi rend="italics">habeas corpus</hi>, and given the President the power to imprison
the people of these States, with no restraint upon his
sovereign will? Why is liberty less sacred now than 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 <hi rend="italics">Constitutional liberty</hi> at home?</p>
          <p>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 all such stains, from the
statute book, or the Sun of liberty will soon set in darkness
and blood.</p>
          <p>Let the constituted authorities of each State, send up to
their Representatives, when they assemble in Congress, an
unqualified demand for prompt redress; or a return of the
commissions which they hold from their respective States.</p>
        </div2>
        <div2 type="war's causes">
          <head>THE CAUSES OF THE WAR, HOW CONDUCTED, AND WHO RESPONSIBLE.</head>
          <p>Cruel, bloody, desolating war is still waged against us by
our relentless enemies, who, disregarding the laws of nations
and the rules of civilized warfare, whenever either interferes
with their fanatical objects or their interest, have in numerous
instances been guilty of worse than savage cruelty.</p>
          <p>They have done all in their power to burn our cities, when
unable by their skill and valor to occupy them; and to turn
innocent women and children, who may have escaped death
<pb id="brown22" n="22"/>
by the shells thrown among them, without previous notice,
into the streets, destitute of homes, food and clothing.</p>
          <p>They have devastated our country, wherever their unhallowed feet
have trod our soil, burning and destroying factories, mills,
agricultural implements, and other valuable property.</p>
          <p>They have cruelly treated our sons while in captivity,
and in violation of a cartel agreed upon, have refused to exchange
them with us, for their own soldiers, unless we would
consent, against the laws of nations, to exchange our slaves
as belligerents, when induced or forced by them, to take up
arms against us.</p>
          <p>They have done all in their power to incite our slaves to
insurrection and murder, and when unable to seduce them
from their loyalty, have, when they occupied our country,
compelled them to engage in war against us.</p>
          <p>They have robbed us of our negro women and children
who were comfortable contented and happy with their
owners, and under pretext of extraordinary philanthropy,
have in the name of liberty congregated thousands of them
together in places where they could have neither the comforts
nor the necessaries of life, there neglected and despised
to die by pestilence and hunger.</p>
          <p>In numerous instances their brutal soldiers have violated
the persons of our innocent and helpless women; and have
desecrated the graves of our ancestors and polluted and defiled
the altars which we have dedicated to the worship of
the living God.</p>
          <p>In addition to these and other enormities hundreds of
thousands of valuable lives, both North and South, have
been sacrificed, causing the shriek of the mother, the wail
of the widow and the cry of the orphan to ascend to Heaven
from almost every hearthstone in all the broad land
once known as the United States.</p>
          <p>Such is but a faint picture of the devastation, cruelty and bloodshed
which have marked this struggle.</p>
          <p>War in <sic corr="its">is</sic> most mitigated form, when conducted according
to the rules established by the most enlightened and
civilized nations, is a terrible scourge and cannot exist without
the most enormous guilt resting upon the heads of
those who have without just cause brought it upon the innocent
and helpless people who are its unfortunate victims.
Guilt may rest in unequal degrees in a struggle like this
upon both parties, but both cannot be innocent. Where
then rests this crushing load of guilt?</p>
          <p>While I trust I shall be able to show that it rests not
upon the people nor rulers of the South, I do not claim
that it rested at the commencement of the struggle upon
the whole people of the North.</p>
          <p>There was a large intelligent and patriotic portion of
the people of the Northern States, led by such men as
<pb id="brown23" n="23"/>
Pierce, Douglas, Vallandingham, Bright, Voorhies, Pugh,
Seymour, Wood and many other honored names, who did
all in their power to rebuke and stay the wicked reckless
fanaticism which precipitated the two sections into this
terrible conflict. With such men as these in power we
might have lived together in the Union perpetually.</p>
          <p>In addition to the strength of the Democratic party in
the North, there were a large number of persons whose education
had brought them into sympathy with the so called
Republican, or in other words the old federal, consolidation
party, who would never have followed the wicked leaders
of that party who used the slavery question as an hobby
upon which to ride into power, and who to-day stand before
Heaven and earth guilty of shedding the blood of hundreds of
thousands and destroying the brightest hopes of
posterity, had they known the true objects of their leaders
and the results which must follow the triumph of their
policy at the ballot box.</p>
          <p>The moral guilt of this war rested then in its incipiency
neither upon the people of the South nor upon the Democratic
party of the North, or upon that part of the Republican
party who were deluded and deceived. But it rested
upon the heads of the wicked leaders of the Republican
party, who had refused to be bound by the compacts of the
Constitution made by our common ancestry. These men
when in power in the respective States of the North arrayed
themselves in open hostility against an important
provision of the Constitution, for the security of clearly expressed
and unquestionable rights of the people of the
Southern States.</p>
          <p>Many of the more fanatical of them denounced the Constitution<sic corr=",">.</sic>
because of its protection of the property of the
slaveholder, as a “covenant with death and a league with
Hell,” and refusing to be bound  by it, declared that a
“higher law” was the rule of their conduct, and appealed
to the Bible as that “higher law.” But when the precepts
of God in favor of slavery were found in both the old and
the new testament, they repudiated the Bible and its Divine
Author and declared for an <hi rend="italics">anti-Slavery Bible and an
anti-Slavery God.</hi></p>
          <p>The abolition party having when in power, in their respective
States, set at naught that part of the Constitution
which guarantees protection to the rights and property of
the Southern people, and having by fraud and misrepresentation
obtained possession of the federal government, the
Southern people in self-defence were compelled to leave
the Union in which their rights were no longer respected.
Having destroyed the Union by their wicked acts and their
bad faith, these leaders rallied a majority of the people of
the North to their support, with a promise to restore it
again <hi rend="italics">by force</hi>. Monstrous paradox! that a Union which
<pb id="brown24" n="24"/>
was formed upon a compact between sovereign States, being
eminently a creature of consent, is to be upheld <hi rend="italics">by force.</hi>
But monstrous as it is, the war springs ostensibly from this
source—this is its origin, its soul and its life, so far as a
shadow of pretext for it can be found. In their mad effort
to restore by force a Union which they have destroyed, and
to save themselves from the just vengeance, which awaited
them for their crimes, the abolition leaders in power have
lighted up the continent with a blaze of war which has
destroyed hundreds of millions of dollars worth of property,
and hundreds of thousands of valuable lives, and loaded
posterity with a debt which must cause wretchedness and
poverty for generations to come. And all for what? That
fanaticism might triumph over constitutional liberty as
achieved by the great men of 1776, and that ambitious
men might have place and power. In their efforts to destroy
our liberties the people of the North, if successful,
would inevitably lose their own by overturning, as they are
now attempting to do, the great principles of Republicanism,
upon which constitutional liberty rests. The government
in the hands of the abolition administration is now a
despotism as absolute as that of Russia.</p>
          <p>Unoffending citizens are seized in their beds at night by
armed force, and dragged to dungeons and incarcerated at
the will of the tyrant, because they have dared to speak
for constitutional liberty and to protest against military
despotism.</p>
          <p>The <hi rend="italics">Habeas Corpus</hi> that great bulwark of liberty, without
which no people can be secure in their lives<corr sic="no punctuation">,</corr> persons or
property, which cost the English several bloody wars and
which was finally wrung from the crown by the sturdy
Barons and people at the point of the bayonet; which has
ever been the boast of every American patriot, and which
I pray God may never, under pretext of <hi rend="italics">military necessity</hi>, be
yielded to encroachments by the people of the South, has
been trampled under foot by the Government at Washington
which imprisons at its pleasure whomsoever it will.</p>
          <p>The freedom of the ballot box has also been destroyed,
and the elections have been carried by the overawing influence
of military force.</p>
          <p>Under pretext of keeping men enough in the field to
subdue the South, President Lincoln takes care to keep
enough to hold the North in subjection also, to imprison
or exile those who attempt to sustain their ancient rights
liberties and usages, and to drive from the ballot box those
who are not subservient to his will or enough of them to
enable his party to carry the elections. Can an intelligent
Northern Conservative man contemplate this state of
things without exclaiming, whither are we drifting? What
will we gain by the subjugation of the South if in our attempt
to do it we must lose our own liberties and rivet
<pb id="brown25" n="25"/>
upon ourselves and our posterity the chains of military
despotism?</p>
          <p>How long a people once free will submit to the despotism
of such a government, the future must develop. One
thing is certain while those who now rule remain in power
in Washington, the people of the <hi rend="italics">Sovereign States</hi> of America
can never adjust their difficulties. But war, bloodshed,
devastation and increased indebtedness, must be the inevitable
result. There must be change of administration
and more moderate councils prevail in the Northern States,
before we can ever have peace. While subjugation, abolition
and confiscation are the terms offered by the Federal
Government, the Southern people will resist, as long as
the patriotic voice of woman can stimulate Guerilla band,
or a single armed soldier to deeds of daring in defence of
liberty and home.</p>
          <p>I have said, the South is not the guilty party in this
dreadful carnage, and I think it not inappropriate that the
reasons should be often repeated at the bar of an intelligent
public opinion, that our own people and the world
should have “line upon line,” “precept upon precept”
“here a little and there a little,” “in season and out of
season,” as some may suppose, to show the true nature of
this contest—the principles involved—the objects of the
war on our side, as well as that of the enemy, that all
right minded men everywhere may see and understand,
that <hi rend="italics">this contest is not of our seeking,</hi> and that we have had
no wish or desire to injure those who war against us, except
so far as has been necessary for the protection and
preservation of ourselves. Our sole object from the beginning
has been to defend, maintain and preserve our ancient
usages, customs, liberties and institutions, as achieved
and established by our ancestors in the revolution of 1776.</p>
          <p>That Revolution was undertaken to establish two great
rights—State Sovereignty—and self government. Upon
these the Declaration of Independence was predicated, and
they were, the Corner Stone upon which the Constitution
rested. The denial of these two great principles cost
Great <sic corr="Britain">Britian</sic> her American Colonies which had so long
been her pride. And the denial of them by the Government
at Washington, if persisted in, must cost the people of
the United States the liberties of themselves and their posterity.
These are the pillars, upon which the temple of
Constitutional liberty stands, and if the Northern people in
their mad effort to destroy the Sovereignty of the Southern
States, and take from our people the rights of self-government,
should be able, with the strength of an ancient
<sic corr="Samson">Sampson</sic>, to lay hold upon the pillars and overturn the edifice,
they must necessarily be crushed beneath its ruins, as
the destruction of State Sovereignty and the right of self-government
in the Southern States, by the agency of the
<pb id="brown26" n="26"/>
Federal Government, necessarily involves the like destruction
in the Northern States; as no people can maintain
these rights for themselves who will shed the blood of their
neighbors to destroy them in others. It is impossible for
half the States of a Confederacy, if they assist the central
government to destroy the rights and liberties of the other
half to maintain their own rights, and liberties against the
central power, after it has crushed their Co-States.</p>
          <p>The two great truths announced by Mr. Jefferson, in the
Declaration of Independence, and concurred in by all the
great men of the revolution were, 1st, “That Governments
derive their just powers from the <hi rend="italics">consent of the Governed.”</hi>
2nd, “That these United Colonies are, and of right ought
to be, <hi rend="italics">free</hi> and <hi rend="italics">independent States.</hi>”</p>
          <p>We are not to understand by the first great truth, that
each individual member of aggregate mass composing
the State, must give his consent before he can be justly
governed; or that the consent of each, or a particular class
of individuals in a State is necessary. By the “governed”
is evidently here meant communities and bodies of men capable
of organizing and maintaining government. The
“consent of the governed,” refers to the aggregate will of
the community or State in its organized form, and expressed
through its legitimate and property constituted organs.</p>
          <p>In elaborating this great truth, Mr. Jefferson, in the Declaration
of Independence, says, that governments are instituted
among men to secure certain “inalienable rights,”
that “among these are life, liberty and the pursuit of happiness;”
“that whenever any form of government becomes
destructive of these ends, it is the right of the people to alter
or abolish it, and to institute a new government, laying
its foundation on such principles, and organizing its
powers in such form, as to them shall seem most likely to
effect their safety and happiness.”</p>
          <p>According to this great fundamental principle, the <hi rend="italics">Sovereign
States</hi> of America, North and South, can only be
governed by their own consent, and whenever the Government
to which they have given their consent, becomes destructive
of the great ends for which it was formed, they
have a perfect right to “abolish it” by withdrawing their
consent from it, as the Colonies did from the British Government,
and to form a “new Government,” with its foundations
laid on such principles, and its powers organized in
such form as to them shall seem most likely to effect their
safety and happiness.” Upon the application<sic corr="no punctuation">.</sic> to the present
controversy, of this great principle, to which the Northern
States are firmly committed as the Southern States,
Georgia can proudly challenge New York to trial before
<sic corr="the">the the</sic> bar of enlightened public opinion, and impartial
history must write the verdict in her favor, and triumphantly
vindicate her action in the course she has pursued.
<pb id="brown27" n="27"/>
Not only the Sovereign States of America have heretofore
recognized this great truth, but it has been recognized
by the able and enlightened Emperor of the French, who 
owes his present elevation to the “consent of the governed.”</p>
          <p>He was called to the Presidency by the free suffrage or
consent of the French people, and when he assumed the
imperial title, he again submitted the question to the “governed”
at the ballot box, and they gave their “consent.”</p>
          <p>At the recent treaty of peace with the Emperor of Austria,
he ceded an Austrian province to France, and Napoleon
refused to “govern it,” till the people at the ballot box,
gave “their consent” that he should do so.</p>
          <p>The Northern States of America are to-day, through the
agency of the despotism at Washington, waging a bloody
war upon the Southern States, to crush out this great
American principle, announced, and maintained in a seven
years war, by our common ancestry, after it had won the
approbation of the ablest and most enlightened Sovereign
of Europe.</p>
          <p>In discussing this great principle, I can but remark, how
strange is the contrast between the conduct of the Emperor
Napoleon, and that of President Lincoln. Napoleon refuses
to govern a province till a majority of the people at
the ballot box has given their consent. Lincoln, after having
done all in his power to destroy the freedom and purity of
the ballot box, announces in his late proclamation his determination
to govern the Sovereign States of the South<hi rend="italics"> by force,</hi>
and to recognize and maintain as the government of these
States, not those who at the ballot box can obtain the
“consent of the governed,” or of a majority of the people,
but those who can obtain the consent of <hi rend="italics">one tenth</hi> of the
people of the State. Knowing that he can never govern
these States with “the consent of the governed,” he tramples
the declaration of Independence under his feet, and proclaims
to the world, that he will, govern these States, not
by the “consent of the governed”, but by military power,
so soon as he can find <hi rend="italics">one tenth</hi> of the governed humiliated
enough to give their consent.</p>
          <p>But the world must be struck with the absurdity of the
pretext upon which he bases this extraordinary pretension.
He says, in substance, the Constitution requires him to
guarantee to each State a republican form of government.
And for the purpose of carrying out this provision of the
Constitution, he proclaims that, so soon as <hi rend="italics">one tenth</hi> of the
people of each of the seceded States shall be found abject
enough to take an oath to support his <hi rend="italics">unconstitutional acts,</hi>
and at the same time to support the Constitution, and shall
do this monstrous deed, he will permit them to organize a
State Government, and will recognize them as the Government
of the State, and their officers as the regularly constituted
authorities of the State. These he wilt aid in putting
<pb id="brown28" n="28"/>
down, driving out, expelling and exterminating, the other
<hi rend="italics">nine tenths</hi>, if they do not likewise take the prescribed
oath.</p>
          <p><hi rend="italics">One-tenth</hi> of the people of a State put up and aided by
military force to rule, govern or exterminate <hi rend="italics">nine-tenths!</hi>
And this to be done under the guise or professed object of
guaranteeing republicanism! What would Washington,
Jefferson, Madison, Monroe, Adams, Hancock, or even
Hamilton, have said to this kind of republicanism? What say
the conservative Northern statesmen of the present day, if
permitted to speak? Does such a government as this derive
its just powers from the “consent of the governed?”
Is this their understanding of the republican government,
which the United States is to guarantee to each State? If
so, what guaranty have they for the freedom of their posterity?
If the government at Washington guarantees such
republicanism as this to Georgia in 1864, what may be her 
guaranty to Ohio and other Western States in 1874?</p>
          <p>The absurdity of such a position, on constitutional principles
or views, is too glaring for comment. When such
terms are offered to them, well may the people of these
States be nerved to defend their rights and liberties at every
hazard, under every privation, and to the last extremity.</p>
          <p>But I must notice the other great truth promulgated in
the declaration of Independence—“that these United Colonies
are, and of right ought to be <hi rend="italics">free</hi> and <hi rend="italics">independent States.</hi>”</p>
          <p>George the Third denied this great truth in 1776, and sent
his armies into Virginia, the Carolinas, and Georgia, to crush
out its advocates and maintain over the people a government
which did not derive its <hi rend="italics">powers</hi> from the “consent of
the governed.” President Lincoln, in 1861, has made war
upon the same States and their Confederates, to crush out
the same doctrine by armed force. Yet he has none of the
apparent justification before the world that the British
King had. The colonies had been planted, nurtured and
governed by Great Britain. As States, they had never been
independent and never claimed to be. This claim was set
up for the first time in the declaration of Independence.
Under these circumstances, there was some reason why the
British Crown should resist it. But the great truth proclaimed
was more powerful than the armies and navy of
Great Britain.</p>
          <p>On the 4th of July, 1776, our fathers made this declaration
of the freedom and independence of the States. The
revolution was fought upon this declaration, and on the 3d
day of September 1783, in the treaty of peace, “His <sic corr="Britannic">Britanic</sic>
Majesty, acknowledges the said United States, to-wit:
New Hampshire, Massachusetts Bay, Rhode Island and Providence
Plantations, Connecticut, New York, New Jersey,
<pb id="brown29" n="29"/>
Pennsylvania, Delaware, Maryland, Virginia, North Carolina,
South Carolina, and Georgia, to be <hi rend="italics">free sovereign</hi> and
<hi rend="italics">independent States</hi>; that he treats with them as such,” &amp;c.</p>
          <p>On and after that day Georgia stood before the world,
clad in all the habiliments, and possessed of all the attributes
of sovereignty. When did Georgia lose this sovereignty?
Was it by virtue of her previous compact with
her sister States? Certainly not.</p>
          <p>The Articles of Confederation between the colonies, during
the struggle, set forth the objects to be attained, and
the nature of the bond between the parties to it, and the
separate sovereignty of each of the States a party to it, was
expressly reserved. Was it when she, with the other States,
formed the Constitution in 1787? Clearly not. The Constitution
was a compact between the thirteen States, each
of which had been recognized separately, by name, by the
British King, as a <hi rend="italics">free sovereign</hi> and <hi rend="italics">independent State</hi>.</p>
          <p>The objects and purpose for which the federal government
was formed, were distinctly specified and were all set
forth in the compact. The government created by it was
limited in its powers by the grant, with an express reservation
of all powers not delegated. The great attribute of
<hi rend="italics">separate State Sovereignty</hi> was not delegated. In this particular,
there was no change from the Articles of Confederation;
<hi rend="italics">Sovereignty</hi> was still reserved and abided with the
States respectively. This more “perfect Union,” was based
upon the assumption that it was for the best interest of
all the States to enter into it with the additional grant of
powers and guarantees—each State being bound as a sovereign
to perform and discharge to the others all the new obligations
of the compact. It was so submitted to the people
of the States respectively, and so acceded to by them.
The States did not part with their <hi rend="italics">separate sovereignty</hi> by the
adoption of the Constitution. In that instrument all the
powers delegated are specifically mentioned. Sovereignty,
the greatest of all political powers, the source from
which all others emanate, is not amongst those mentioned.
It could not have been parted with except by grant, either
expressed or clearly implied. The most degrading act a
State can do is to lay down or surrender her sovereignty. Indeed
it can not be done except by deed or grant. The surrender
is not to be found in the Constitution amongst the
expressly granted powers. It cannot be amongst those
granted by implication; for by the terms of the compact
none are granted by implication except such as are incidental
to, or necessary and proper to execute those that are expressly
granted. The incident can never be greater than
the object—and if nothing in the powers expressly granted
amounts to sovereignty, that which is the greatest of all
powers, can not follow or be carried after a lesser one, as an
incident by implication—and then to put the matter at rest
<pb id="brown30" n="30"/>
forever, it is expressly declared, that the powers, not delegated,
are reserved to the States respectively or to the people.
Sovereignty, the great source of all power, therefore was
left with the States by the compact, left where King George
left it, and left where it has ever since remained, and will
remain forever if the people of the States are true to themselves,
and true to the great principles which their forefathers
achieved at such cost of blood and treasure in the war
of 1776.</p>
          <p>The constitution was only the written contract or bond,
between the Sovereign States, in which the covenants were
all plainly expressed, and each State as a sovereign pledged
its faith to its sister States, to observe and keep these covenants.
So long as each did this, all were bound by the compact.
But it is a rule as well known and as universally recognized
in savage as in civilized life—as well understood
and as generally acquiesced in between sovereign States, as
between private individuals, that when one party to a contract
refuses to be bound by it, and to conform to its requirements,
the other party is released from further compliance.</p>
          <p>Without entering into an argument to show the manner
in which the Northern States had perverted the contract,
and warped its terms to suit their own interest, in the enactment
and enforcement of tariff laws for the protection of
their industry at the expense of the South, and in the enactment
of internal improvement laws, coast navigation
laws, fishery laws, &amp;c., &amp;c., which were intended to enrich
them at the expense of the people of the South, I need
cite but a single instance of open, avowed, self-confessed,
and even boasted, violation of the compact by the Northern
States, to prove that the Southern States were released and
discharged from further obligation to the Northern States,
by every known rule of law, morality, or comity.</p>
          <p>One of the express covenants in the written bond, to
which the Northern States subscribed, and without which,
as is clearly seen by reference to the debates in the Convention
which formed the Constitution, the Southern States never
would have agreed to or formed the compact, was in
these words:</p>
          <p>“No person held to service or labor in one State, under
the laws thereof, escaping into another, shall in consequence
of any <hi rend="italics">law</hi> or <hi rend="italics">regulation therein</hi> be discharged from such service
or labor, but shall be delivered up on claim of the party
to whom such service or labor may be due.”</p>
          <p>Massachusetts and other abolition States, utterly repudiated,
annulled and set at naught this provision of the Constitution;
and refused either to execute it or to permit the
constituted authorities of the United States to carry it out
within their limits.</p>
          <p>This shameful violation by Massachusetts, of her plighted
faith to Georgia, and this refusal to be bound by the
<pb id="brown31" n="31"/>
parts of the Constitution, which she regarded burdensome
to her, and unacceptable to her people, released Georgia,
according to every principle of international law, from further
compliance on her part. In other words, the Constitution
was the bond of Union between Georgia and Massachusetts,
and when Massachusetts refused longer to be
bound by the Constitution, <hi rend="italics">she</hi> thereby dissolved the union
between her and Georgia.</p>
          <p>It is truthfully said in the declaration of Independence,
that “experience hath shown, that mankind are more disposed
to suffer while evils are sufferable, than to right
themselves by abolishing the forms to which they are
accustomed.” So it was with Georgia and her Southern sisters
in this case. Though Massachusetts and other Northern
States, by their faithless acts and repudiation of the
compact, had dissolved the union existing between the
States, the Southern States did not declare the dissolution;
hoping that a returning sense of justice, on the part of the
Northern States, might cause them again to observe their
constitutional obligations. So far from this being the case,
they construed our forbearance into a consciousness of our
weakness and inability to protect ourselves, and they organized
a great sectional party, whose political creed was
founded in injustice to the South, and whose public declarations
and acts sustained the action of Massachusetts and
the other faithless States.</p>
          <p>This party, whose creed was avowed hostility to the
rights of the South, triumphed in the election for President
in 1860. The election of a federal Executive by a sectional
party, upon a platform of avowed hostility to the constitutional
rights of the South, to carry out in the Federal
administration the doctrines of Massachusetts and other
faithless States, left no further ground for hope that the
rights of the South would longer be respected by the Northern
States, which had, not only the Executive, but a majority
of the Congress.</p>
          <p>The people of the Southern States, each sovereign State
for itself, then met in convention, and, in the most
solemn manner known to our form of government, resumed
the exercise of the powers which they had delegated to
the common agent, now faithless to the trust reposed in it.</p>
          <p>The right of Georgia, as a member to the original compact,
to do this, is too clear for successful denial. And the
right of Alabama and the other States, which had been admitted
into the Union since the adoption of the Constitution,
is equally <sic corr="incontrovertible">incontrovertable</sic>; as each new State came
into the Union as a sovereign, upon an equal footing in all
respects whatever with the original parties to the compact.</p>
          <p>The Confederate States can therefore with confidence
submit their acts to the judgment of mankind; while with
<pb id="brown32" n="32"/>
a clear conscience they appeal to a just God to maintain
them in their course. They were ever true to the compact
of the Union, so long as they remained members of it—
obligations under it were ever faithfully performed,
and no breach of it was ever laid at their door, or truly
charged against them. In exercising their undoubted right to
withdraw from the Union, when the covenant had been broken
by the Northern States, they sought no war—no strife.
They simply withdrew from further connection with
self-confessed, faithless Confederates. They offered no
injury, to them—threatened none—proposed none—intended
none. If their previous union with the Southern
States had been advantageous to them, and our withdrawal
affected their interests injuriously, they ought to have been
truer to their obligations. They had no just cause to complain
of us; the breach of the Compact was by themselves
—the vital cord of the union was severed by their own
hands.</p>
          <p>After the withdrawal of the Confederate States from the
Union, if those whose gross dereliction of duty had caused
it, had reconsidered their own acts, and offered new assurances
for better faith in future, the question would have
been fairly and justly put to the seceded States, in their
sovereign capacity to determine; whether in view of their
past and future interest and safety, they should renew the
union with them or not; and upon what terms, and guarantees;
and if they had found it to be their interest to do
so, upon any terms that might have been agreed upon; on
the principle assumed at the beginning, that it was for the
best interest of all the States, to be bound by some Compact
of union, with a Central Government of limited powers;
each State faithfully performing its obligations; they
would doubtless have consented to it. But if they had
found it to be their interest not to do it, they would not,
and ought not to have done it. For the first law of nature
as applicable to States and communities, as to individuals,
is self-protection and self preservation.</p>
          <p>Possibly a new government might have been formed at
that time, upon the basis of the Germanic Confederation;
with a guaranty of the complete sovereignty of all the separate
States; and with a central agent or government, of
more limited powers than the old one; which would have
been as useful for defence against foreign aggression; and
much less dangerous to the Sovereignty and the existence
of the States, than the old one, when in the hands of abolition
leaders, had proved itself to be.</p>
          <p>The length of time for which the Germanic Confederation
has existed, has proved, that its strength lies in what might
have been considered its weakness—the separate Sovereignty
of the individual members; and the very limited
powers of the Central Government.</p>
          <pb id="brown33" n="33"/>
          <p>In taking the step which they were forced to do, the
Southern States were careful not to provoke a conflict of
arms, or any serious misunderstanding with the States that
adhered to the government at Washington, as long as it
was possible to avoid it. Commissioners were sent to
Washington to settle and adjust all matters relating to their
past connection, or joint interests and obligations, justly,
honorably and peaceably. Our Commissioners were not
received—they were denied the privilege of an audience—
they were not heard. But they were indirectly trifled with,
lied to, and misled by duplicity as infamous as that practiced
by Philip of Spain towards the peace Commissioners
sent by Elizabeth of England. They were detained and
deceived with private assurances of a prospect of a peaceful
settlement; while the most extensive preparations were
being made for war and subjugation. When they discovered
this they withdrew, and the government at Washington
continued its vigorous preparations to reinforce its garrisons,
and hold the possession of our Forts, and to send armies
to invade our territory.</p>
          <p>Having completed his preparations for war and refused
to hear any propositions for a peaceful adjustment of our
difficulties, President Lincoln issued his proclamation declaring
Georgia and the other seceded States to be in <hi rend="italics">rebellion</hi>,
and sent forth his armies of invasion.</p>
          <p>In <hi rend="italics">rebellion</hi> against whom or what? As sovereign States
have no common arbiter, to whose decision they can appeal
when they are unable to settle their differences amicably,
they often resort to the sword as the arbiter, and as sovereignty
is always in dignity the equal of sovereignty, and a
sovereign can know no superior to which allegiance is due,
one sovereign may be at war with another, but one can
never be in rebellion against another.</p>
          <p>To say that the sovereign State of Georgia is in rebellion
against the sovereign State of Rhode Island, is as much an
absurdity as it would be to say that the sovereign State of
Russia was in rebellion against the sovereign State of Great
Britain in their late war. They were at war with each
other; but neither was in rebellion against the other, nor
indeed could be, for neither owed any <hi rend="italics">allegiance</hi> to the other.</p>
          <p>Nor could one of the Sovereign States be in rebellion
against the government of the United States. That government
was the creature of the States, by which it was
created, and they had the same power to destroy it at pleasure
which they had to make it. It was their common
agent with limited powers, and the States by which the
agency was created had the undoubted right when it abused
these powers to withdraw them. Suppose by mutual consent
all the States in the Union had met in convention, each
in its separate sovereign capacity, and had withdrawn all
<pb id="brown34" n="34"/>
the delegated powers from the federal government, and all
the States had refused to send Senators or Representatives
to Congress, or to elect a President; will any sane man
question their right or deny that such action of the States
would have destroyed the federal government? If so the
federal government was the creature of the States and could
exist only at their pleasure. It lived and breathed only by
their consent. If all the parties to the compact, had the
right by mutual consent to resume the powers delegated by
them to the common agent; why had not part of them the
right to do so, when the others violated the compact—refused
to be bound longer by its obligations; and thereby
released their copartners? The very fact that the States—
by which it was formed, could at any time by mutual
consent, disband and destroy the federal government, shows
that it had no original inherent sovereignty or jurisdiction.
As the creature of the States it had only such powers and
jurisdictions as they gave it, and it held what it had at their
pleasure. If therefore a State withdrew from the Confederacy
without just cause, it was a question for the other
sovereign States to consider what should be their future relations
towards it; but it was a question of which the federal
government had not the shadow of jurisdiction. So
long as Georgia remained in the Union, if her citizens had
refused to obey such laws of Congress as it had constitutional
jurisdiction to pass, they might have been in rebellion
against the federal government; because they resisted
the authority over them, which Georgia had delegated to
that government and which with her consent it still possessed.
But if Georgia for just cause, of which she was the
judge, chose to withdraw from the Union, and resume the
attributes of sovereignty, which she had delegated to the
United States Government, her citizens could no longer be
subject to the laws of the Union, and no longer guilty as
rebels if they did not obey them.</p>
          <p>It could be as justly said that the principal who has delegated
certain limited powers to his agent in the transaction
of his business, which he has afterwards withdrawn on account
of their abuse by the agent, is in rebellion against
the agent; or that the master is in rebellion against his servant;
or the landlord against his tenant; because he has
withdrawn certain privileges for a time allowed them, as
that Georgia is in rebellion against her former agent the
government of the United States.</p>
          <p>These I understand to be the great fundamental doctrines
of our republican form of government, so ably expounded
in the Virginia and Kentucky resolutions of 1798 and 1799,
which have ever since been a text book of the <hi rend="italics">true</hi> republican
party of the United States. Departure from these
principles has destroyed the federal government, and been
the prolific cause of all our woes. Out of this departure
<pb id="brown35" n="35"/>
has sprung the doctrine of loyalty and disloyalty of the
States to the federal government; from which comes ostensibly
this war against us; which is itself at war with the
first principles of American constitutional liberty. It involves
the interests, the future safety and welfare of those
States now deemed loyal, as well as those pronounced disloyal.
It is the doctrine of absolutism revived in its worst
form. It strikes down the essential principles of self-government,
ever held so sacred in our past history, and to
which all the States were indebted for their unparalleled
career, in <sic corr="growth">grwoth</sic>, prosperity and greatness, so long as those
principles were adhered to and maintained inviolate.</p>
          <p>If carried out and established, its end can be nothing but
centralism and despotism. It and its fatal corollary—the
policy of forcing sovereign States to the discharge of their
assumed constitutional obligations, were foreshadowed by
President Lincoln in his inaugural address.</p>
          <p>Now, at the time of the delivery of that inaugural address,
it was well known to him that the faithless States above
alluded to, and to whose votes in the electoral college he
was indebted for his election, had for years been in open,
avowed and determined violation, of their constitutional
obligations. This he well knew, and he also knew that
the seceded States had withdrawn from the Union, because
of this breach of faith on the part of the abolition States;
and other anticipated violations, more dangerous, threatened
from the same quarter. Yet without a word of rebuke,
censure, or remonstrance, with them, for their most flagrant
disloyalty to the constitution, and their disregard of their
most sacred obligations under it, he then threatened and
now wages war against us, on the ground of our <hi rend="italics">disloyalty</hi>,
in seeking new safe-guards for our security, when the old
ones failed. And the people of those very States, whose
disloyal hands had severed the ties of the Union—breaking
one of the essential parts of the compact, have been, and
are, his most furious myrmidons, in this most wicked and
unjust crusade against us, with the view to compel the people
of these so outraged States, to return to the discharge
of <hi rend="italics">their</hi> constitutional obligations! It may be gravely
doubted, if the history of the world can furnish an instance
of grosser perfidy or more shameful wrong.</p>
          <p>But while the war is thus waged, professedly under the
paradoxical pretext of restoring the Union, that was a
creature of consent, by force; and of upholding the Constitution
by coercing sovereign States; yet its real objects,
as appears more obviously every day, are by no means so
paradoxical. The Union under the Constitution as it was,
each and every State being bound faithfully to perform and
discharge its duties, and obligations, and the central government
confining itself within the sphere of its limited
powers, is what the authors, projectors, and controllers, of
<pb id="brown36" n="36"/>
this war never wanted, and never intended, and do not
now intend to maintain.</p>
          <p>Whatever differences of opinion may have existed at the
commencement, among our own people, as to the policy of
secession, or the objects of the federal government, all
doubt has been dispelled by the Abolition Proclamation of
President Lincoln, and his subsequent action. Maddened
by abolition fanaticism, and deadly hate for the white race
of the South, he wages war not for the restoration of the
Union—not for the support of the Constitution, but for the
abolition of slavery, and the subjugation and as he doubtless
desires ultimate extermination of the anglo-Norman
race in the Southern States. Dearly beloved by him as are
the African race, his acts are prompted less by love of
them, than by <sic corr="Puritanical">Puritanic</sic> hate for the Cavaliers, the Huguenots,
and Scotch Irish, whose blood courses freely through
the veins of the white population of the South. But federal
bayonets can never reverse the laws of God, which
must be done, before the negro can he made the equal of
the white man of the South. The freedom sought for them
by the abolition party, if achieved, would result in their return
to barbarism and their ultimate extermination from
the soil, where most of them were born, and were comfortable
and contented, under the guardian care of the
white race, before the wicked crusade was commenced.</p>
          <p>What have been the abolition achievements of the administration?
The most that has been claimed by them,
is, that they have taken from their owners, and set free;
100,000 negroes. What has this cost the white race of the
North and South? More than half a million of white men
slain, or wrecked in health, beyond the hope of recovery,
and an expenditure of not perhaps less than four thousand
millions of dollars. What will it cost at this rate to liberate
nearly 4,000,000 more of slaves? Northern accounts of
the sickness, suffering and death, which have, under Northern
treatment, carried off so large a proportion of those set
free, ought to convince the most fanatical, of the cruel injury
they are inflicting upon the poor helpless African.</p>
          <p>The real objects of the war aimed at, from the beginning,
were, and are not so much the deliverance of the African
from bondage, as the repudiation of the great American doctrine
of self-government, the subjugation of the people of
these States, and the confiscation of their property. To carry
out their fell purpose by misleading some simple minded
folks, within their own limits, as well as ours, perhaps,
they passed, in the House of Representatives of the Federal
Congress, a short time since, the famous resolution:</p>
          <p>“That as our country, and the very existence of the best
government ever instituted by man, is imperilled by the
most causeless and wicked rebellion, that the only hope of
saving the country, and preserving this government, is by
<pb id="brown37" n="37"/>
the power of the sword, we are for the most vigorous prosecution
of the war, until the <hi rend="italics">Constitution and laws</hi> shall be
enforced and obeyed, in all parts of the United States; and
to that end we oppose any armistice, or intervention, or
mediation, or <hi rend="italics">proposition for peace</hi>, from any quarter, so long
as there shall be found a rebel in arms against the government
and we ignore all party names, lines and issues, and
recognize but two parties to this war—patriots and traitors.”</p>
          <p>Were solemn mockery, perfidious baseness, unmitigated
hypocrisy, and malignant barbarity, ever more conspicuously
combined, and presented for the just condemnation of a
right thinking world, than they are in this resolution, passed
by the abolition majority in the Lincoln Congress?
Think of the members from Massachusetts and Vermont,
voting for the most vigorous prosecution of the war, until
the <hi rend="italics">Constitution</hi> and <hi rend="italics">laws</hi> shall be <hi rend="italics">enforced</hi> and <hi rend="italics">obeyed</hi>, in all
parts of the United States. Think of the acts of the Legislature
of Massachusetts passed in 1843 and 1855, still
standing upon her statute book, setting at defiance the <hi rend="italics">Constitution</hi>
and <hi rend="italics">laws</hi>. What would become of these States,
And what would become of their members themselves, who
have upheld and sustained these violations of the <hi rend="italics">Constitution</hi>
and <hi rend="italics">laws</hi> which is the chief reason why they now hold
their seats, by the votes of their constituents, if the war
should be so waged? How long would it be before they
would ground their arms of rebellion against the provision
of the Constitution which they have set at naught, and give
it their loyal support? What would become of their President
and his cabinet, and all, who from the beginning of the
war, and before that time, have been trampling the Constitution
under their feet? Were the war waged, as they thus
declare it to be their purpose to wage it, they would be the
first victims of the sword, were it first turned, as it ought
to be, against the first offenders. This they know full well.
Obedience to the Constitution, is the last thing they want
or intend. Hence the mockery, baseness, and hypocrisy, of
such a declaration of purpose. On their part, it is a war of
most wanton and savage aggression; on ours, it is a war in
defence of inalienable rights, in defence of everything for
which freemen should live, and for which freemen may well
be willing to die.</p>
          <p>The inestimable rights of self-government, and State Sovereignty,
for which their fathers, and our fathers, bled and
suffered together, in the struggle with England for Independence,
are the same for which we are now engaged in this
most unnatural and sanguinary struggle with them. Those
rights are as dear to the people or these States, as they were
to those who achieved them; and on account of the great
cost of the achievement, they are the more preciously cherished
by those to whom they were bequeathed, and will
never be surrendered or abandoned at less sacrifice.</p>
          <pb id="brown38" n="38"/>
          <p>If no proposition for peace or armistice is to be received,
or entertained, so long as we hold arms in our hands, to defend
ourselves, our homes, our hearthstones, our altars,
and our birthright, against such ruthless, and worse than
vandal invaders, be it so! We deem it due, however, to
ourselves, to the civilized world, and to those who shall
come after us, to put upon record, what we are fighting
for; and to let all know, who may now or hereafter, feel
an interest in knowing, the real nature of this conflict,
that the heavy responsibility, of such suffering, desolation,
and carnage, may rest where it rightfully belongs.</p>
          <p>It is believed that many of the people of the Northern
States labor under the impression, that no propositions for
peaceful adjustment have ever been made by us.</p>
          <p>President Lincoln, in his letter to the “Unconditional
Union” meeting at Springfield last summer, stated in substance,
that no proposition for a peaceful adjustment of the
matters in strife, had ever been made to him by those who
were in control of the military forces of the Confederate
States; but if any such should be made, he would entertain
and give it his consideration.</p>
          <p>This was doubtless said to make the impression on the
minds of those not well informed, that the responsibility of
the war was with us. This declaration of President Lincoln
stands in striking contrast with that above quoted,
from the republican members of the House of Representatives.</p>
          <p>When this statement was made by President Lincoln, it
was well known to him that our commissioners, sent to
settle the whole matter in dispute peaceably, were refused a
hearing! They were not even permitted to present their
terms!</p>
          <p>This declaration was also made soon after it was well
known, throughout the Confederate States at least, that a
distinguished son of this State, who is a high functionary
of the government at Richmond, had consented, as military
commissioner, to bear a communication in writing from
President Davis, the Commander-in-Chief of our armies,
to President Lincoln himself, with authority to confer upon
matters therein set forth. This Commissioner, sent from
the head of our armies, was not granted an audience, nor
was the communication he bore received. That communication,
as was afterwards known, related to divers matters
connected with the general conduct of the war. Its nature
however, or to what it referred, President Lincoln did not
know when he refused to receive it. But from what is now
known of it, if he had received it, and had heard what terms
might have been proposed, for the general conduct of the
war, it is reasonable to conclude, that the discussion of
these, and kindred topics, might have led to some more
definite ideas of the aims and objects of the war, on both
<pb id="brown39" n="39"/>
sides, from which the initiative of peaceful adjustment
might have sprung unless his real purpose be, as it is believed
to be, nothing short of the conquest and subjugation
of these States. His announcement, that no offer of terms
of adjustment had ever been made to him, is believed to be
all artful pretext on his part to cover, and hide, from the
people, over whom he is assuming such absolute sway, his
deep designs, first against our liberties, and then against
theirs.</p>
        </div2>
        <div2 type="peace">
          <head>HOW PEACE SHOULD BE SOUGHT.</head>
          <p>In view of these difficulties, it may be asked, when and
how is this war to terminate? It is impossible to say when
it may terminate; but it is easy 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 seek to take from them the right of self-government, or
to govern them without their consent. And they have not
force enough to govern us without our consent; or to deprive
us of the right to govern ourselves<corr sic="no punctuation">.</corr> The blood of
hundreds of thousands may yet be spilt, and the war will
not still be terminated by force of arms. Negotiation <hi rend="italics">will</hi>
finally terminate it. The pen of the Statesman, more potent
than the sword of the warrior, must do what the latter
has failed to do.</p>
          <p>But I may be asked, how negotiations are to commence,
when President Lincoln refuses to receive commissioners
sent by us; and his Congress resolves to hear no propositions
for peace? I reply, that in my opinion, it is our duty
to keep it always before the Northern people and the civilized
world, that we are ready to negotiate for peace, whenever
the people and government of the Northern States are
prepared to recognize the great fundamental principles of
the declaration of Independence, maintained by our common
ancestry—the <hi rend="italics">right of all self-government and the sovereignty
of the States</hi>. In my judgment it is the duty of our government,
after each important victory achieved by our gallant
and glorious armies on the battle field, to make a distinct
proposition to the Northern government for peace,
upon these terms. By doing this, if the proposition is declined
by them, we will hold them up constantly in the
wrong, before their own people and the judgment of mankind.
If they refuse to receive the commissioners who bear
the proposition, publish it in the newspapers; and let the
conduct of their rulers be known to the people; and there
is reasonable ground to hope that the time may not be far
distant when a returning sense of justice, and a desire for
self-protection against despotism at home, will prompt the
people of the Northern States to hurl from power those
who deny the fundamental principle upon which their own
liberties rest, and who can never be satiated with human
blood. Let us stand on no delicate point of etiquette or
<pb id="brown40" n="40"/>
diplomatic ceremony. If the proposition is rejected a dozen
times, let us tender it again after the next victory; that the
world may be reassured from month to month that we are not
responsible for the continuance of this devastation and
carnage.</p>
          <p>Let it be repeated again and again, to the Northern people,
that all we ask, is that they recognize the great principle
upon which their own government rests,—<hi rend="italics">the sovereignty
of the States:</hi> and let our own people hold our own government
to a strict account for every encroachment upon
this vital principle.</p>
          <p>Herein lies the simple solution of all these troubles.</p>
          <p>If there be any doubt, or any question of doubt, as to the
sovereign will of any one of all the States of this Confederacy,
or of any border State whose institutions are similar to
ours, not in the Confederacy, upon the subject of their present
or future alliance, let all armed force be withdrawn;
and let that sovereign will be fairly expressed at the ballot
box, by the legal voters of the State; and let all parties
abide by the decision.</p>
          <p>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 beginning. It is a
principle that secures “rights, inestimable to freemen, and
formidable to tyrants only.”</p>
          <p>Let both governments adopt this mode of settlement,
which was bequeathed to them by the great men of the Revolution;
and which has since been adopted by the Emperor
Napoleon, as the only just mode for the government of
States, or even provinces, and the ballot box will soon
achieve what the sword cannot accomplish—restore peace
to the country; and uphold the great doctrines of State sovereignty
and constitutional liberty.</p>
          <p>If it is a question of strife, whether Kentucky or Maryland,
or any other State, shall cast her lot with the United
States, or the 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 ballot 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 will, when
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
<pb id="brown41" n="41"/>
by the fathers of the Republic, for the first half century of its
existence.</p>
          <p>What Southern man can object to this mode of settlement?
It is all that South Carolina, Virginia or Georgia
claimed when she seceded from the Union. It is all that either
has at any time claimed and all that either ever can justly
claim. And what friend of Southern Independence fears
the result? What has the Abolition government done to
cause the people of any Southern State to desire to reverse
her decision and return ingloriously to its embrace? Are
we afraid the people of any seceded State, will desire to
place the State back in the Abolition union, under the
Lincoln despotism, after it has devastated their fields, laid
waste their country, burned their cities, slaughtered their
sons and degraded their daughters? There is no reason for such fear.</p>
          <p>But I may be <sic corr="told">totd</sic> that Mr. Lincoln has repudiated this
principle in advance, and that it is idle again to tender a
settlement upon these terms. This is no reason why we
should withhold the repeated renewal of the proposition.
Let it be made again and again till the mass of the Northern
people understand it; and Mr. Lincoln can not 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 tendered,
that thousands of new victims shall still continue to bleed,
to gratify his abolition fanaticism, satisfy his revenge, and
serve his ambition to govern these States upon the decision
of <hi rend="italics">one tenth</hi> of the people in his favor, against the other
<hi rend="italics">nine tenths</hi>. Let the Northern and Southern mind be
brought to contemplate this subject in all its magnitude;
and while there may be extreme men on the Northern side,
satisfied with nothing less than the subjugation of the South,
and the confiscation of our property; and like extremists
on the Southern side, whose morbid sensibilities are shocked
at the mention 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, including 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.</p>
          <p>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 Independence and the Constitution of
his country under his feet, and proclaims his purpose to
govern these States by military power, when he shall have
obtained the consent of <hi rend="italics">one tenth</hi> of the governed; how can
<pb id="brown42" n="42"/>
the same public sentiment condemn him, if, at the head of
his vast armies he shall proclaim himself Emperor of the
whole 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 <hi rend="italics">one tenth</hi> in his favor, he shall insist on
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 he
not as rightfully turn his armies against the North to establish
the other?</p>
          <p>But the timid among us may say, how are we to meet
and repel his armies, if Mr. Lincoln shall continue to reject
these terms, and shall be sustained by the sentiment of the
North? as he claims not only the right to govern us, but he
claims the right to take from us all that we have.</p>
          <p>The answer is plain. Let every man do his duty; and let
us as a people place our trust in God, and we shall certainly
repel his assaults, and achieve our Independence; and if
true to ourselves and to posterity, we shall maintain our
Constitutional liberty also. The achievement of our Independence
is a great object; but not greater than the preservation
of Constitutional liberty.</p>
          <p>The good man cannot read the late proclamation of Mr.
Lincoln, without being struck with the resemblance between
it, and a similar one, issued several thousand years ago, by
Ben-hadad, king of Syria. That wicked king, denied in others
the right of self-government; and vaunting himself in
numbers, and putting his trust in chariots and horses, he invaded
Israel, and beseiged Samaria with an overwhelming
force. When the king of Israel, with a small band, resisted
his entrance into the city, the Syrian king sent him this
message: “Thou shalt deliver me thy silver and thy gold,
and thy wives, and thy children; yet I will send my servants
unto thee to-morrow, about this time; and they shall
search thy house, and the houses of thy servants; and it
shall be, that whatsoever is pleasant in thine eyes, they shall
put in their hands and take it away.” The king of Israel
consulted the Elders, after receiving this arrogant message,
and replied: “This thing I may not do.” Ben-hadad, enraged
at this reply, and confident of his strength, sent back
and said:</p>
          <p>“The Gods do so to me, and more also, if the dust of Samaria
shall suffice, for handfuls, for all the people that follow
me.” The king of Israel answered and said: “Tell
him, let not him that girdeth on his harness, boast himself
as he that putteth it off.”</p>
          <p>The result was, that the small band of Israelites guided
by Jehovah, attacked the Syrian armies and routed them
with great slaughter, and upon a second trial of strength,
<pb id="brown43" n="43"/>
the Syrian armies were destroyed and their king made captive.</p>
          <p>When Mr. Lincoln, following the example of this wicked
king, and relying upon his chariots, and his horsemen, and
his vast armies, to sustain a cause equally unjust, proclaims
to us, <hi rend="italics">that all we have is his</hi>, and that he will send his servants,
whose numbers are overwhelming, with arms in their
hands to take it, and threatens vengeance if we resist, let
us—“Tell him, let not him that girdeth on his harness boast
himself as he that putteth it off.” “The race is not to the
swift, nor the battle to the strong.” “God is the judge, he
putteth down one and setteth up another.”</p>
          <p>Not doubting the justice of our cause, let us stand in our
allotted places; and in the name of Him who rules the hosts
of Heaven, and the armies of Earth, let us continue to strike
for liberty and independence, and our efforts will ultimately
be crowned with triumphant success.</p>
          <closer>
            <signed>
              <name>JOSEPH E. BROWN.</name>
            </signed>
          </closer>
        </div2>
      </div1>
    </body>
    <back>
      <div1 type="appendix">
        <head>APPENDIX.</head>
        <head>ACT OF SIXTEENTH CHARLES I, CHAPTER 10.</head>
        <head>THIS WENT INTO OPERATION 1ST AUGUST, 1641.</head>
        <p>An Act for the regulating of the privy council, and for
taking away the Court commonly called the Star-Chamber.</p>
        <p>WHEREAS by the <hi rend="italics">Great Charter many times confirmed in parliament</hi>,
it is enacted, That <hi rend="italics">no freeman shall be taken or imprisoned,
or disseized of his freehold or liberties, or free customs, or be
outlawed, or exiled, or otherwise destroyed; and that the King will
not pass upon him, or condemn him, but by lawful judgment of his
peers, or by the law of the land.</hi></p>
        <p>(2.) And by another statute made in the fifth year of the
reign of King Edward, it is enacted, that no man shall be
<hi rend="italics">attached by any accusation</hi>, not <hi rend="italics">forejudged of life, or limb, nor his
lands, tenements, goods</hi> nor <hi rend="italics">chattels seized into the King's hands,
against the form of the</hi> GREAT CHARTER and the LAW OF THE
LAND;</p>
        <p>(3.) And by another statute made in the five and twentieth
year of the reign of the same King Edward the Third,
it is accorded, assented, and established, that <hi rend="italics">none shall be
taken by petition, or suggestion made to the King, or to his council,</hi>
unless it be by <hi rend="italics">indictment</hi> or <hi rend="italics">presentment</hi> of <hi rend="italics">good</hi> and <hi rend="italics">lawful
people of the same neighborhood</hi>, where such deeds be done, in
due manner, or by process made by <hi rend="italics">writ original</hi> at the <hi rend="italics">common
law;</hi> and that <hi rend="italics">none be put out of his franchise, or freehold</hi>,
unless he be <hi rend="italics">duly</hi> brought, in to answer, and forejudged of
the same <hi rend="italics">by the course of the law:</hi> And if anything be done
against the same, it shall be <hi rend="italics">redressed</hi>, and <hi rend="italics">holden for none</hi>. (4)
And by another statute made in the eight and twentieth
year of the reign of the same King Edward the Third, it is,
<pb id="brown44" n="44"/>
amongst other things, enacted, That <hi rend="italics">no man</hi>, of what estate
or condition soever he be, <hi rend="italics">shall be put out of his lands and
tenements, nor taken, nor imprisoned, nor disinherited, without being
brought in to answer by</hi> DUE PROCESS of LAW.
(5) And by another statute made in the two and fortieth year
of the reign of the said King Edward the Third, it is enacted,
That <hi rend="italics">no man</hi> be put to answer without <hi rend="italics">presentment</hi> before
justices or <hi rend="italics">matter</hi> of record, or by <hi rend="italics">due process</hi> and <hi rend="italics">writ
original</hi>, according to the OLD LAW <hi rend="italics">of the land:</hi> And if
anything be done to the contrary, it shall be <hi rend="italics">void in law</hi> and
<hi rend="italics">holden for error. </hi>(6) And by another statute in the six and
thirtieth year of the reign of the same King Edward the
Third, it is, amongst other things, Enacted, That all pleas,
which shall be pleaded in any courts, before any of the
King's justices, or in his other places or before any of his
other ministers, or in the courts and places of any other
lords within this realm, shall be entered and enrolled in
Latin. (7) And whereas by the statute made in the third
year of King Henry the Seventh, power is even to the
Chancellor, the lord treasurer of England, for the time being,
and the keeper of the King's Privy seal, or two of
them, calling unto them a bishop, and a temporal lord of
the King's most honorable council, and the two chief justices
of the King's bench, and common pleas for the time
being, or other two justices in their absence, to proceed as
in that act is expressed, for the punishment of some particular
offences therein mentioned. (8) And by the statute
made in the one and twentieth year of King Henry the
Eighth, the president of the council associated to join with
the lord chancellor, and other judges in the said statute of
the third of Henry the Seventh mentioned. (9) But the
said judges have not kept themselves to the points limited
by the said statute, but have undertaken to punish where
<hi rend="italics">no law doth warrant</hi>, and to make decrees for things, having
<hi rend="italics">no such authority</hi>, and to inflict heavier punishments, <hi rend="italics">than by
any law is warranted</hi>.</p>
        <p>2. And forasmuch as all matters examinable or determinable
before the said judges or in the court commonly called
the <hi rend="italics">star-chamber</hi>, may have their proper remedy and redress,
and their due punishment and correction by the <hi rend="italics">common law
of the land</hi>, and in the <hi rend="italics">ordinary course of justice</hi> elsewhere. (2)
And forasmuch as the reasons and motives, inducing the
erection and continuance of that court do now cease. (3)
And the proceedings, censures, and decrees of that court,
have by experience been found to be an intolerable burthen
to the subject, and the means to introduce <hi rend="italics">an arbitrary power
and government</hi>. (4) And for as much as the council table
hath of late times assumed unto itself, a power to intermeddle
in civil and matters only of private interest between
party and party; and have ADVENTURED to determine of
<hi rend="italics">the estates</hi> and <hi rend="italics">liberties of the subjects, contrary to the</hi> LAWS <hi rend="italics">of</hi>
<pb id="brown45" n="45"/>
<hi rend="italics">the</hi> LAND, <hi rend="italics">and the</hi> Rights <hi rend="italics">and</hi> Privileges <hi rend="italics">of the subject</hi>, by
which great and manifold mischiefs and inconveniences have
arisen and happened, and much incertainty, by means of
such proceedings, hath been conceived concerning men's
rights and estates; for settling whereof and Preventing the
like in time to come,</p>
        <p>3. Be it ordained and Enacted <hi rend="italics">by the authority of this present
parliament,</hi> That the said court commonly called the
star-chamber, and all jurisdictions, power and authority, belonging
unto, or exercised in the same court, or by any the
judges, officers, or ministers thereof, be from the first day
of August, in the year of our Lord God one thousand six
hundred forty and one, CLEARLY <hi rend="italics">and</hi> ABSOLUTELY
<hi rend="italics">dissolved, taken away, and determined. </hi>(2) And that from the
said first day of August neither the lord chancellor or keeper
of the Great seal of England, the lord treasurer of England,
the keeper of the King's Privy seal, or president of
the council, nor any bishop, temporal lord, privy counsellor
or Judge, or justice whatsoever, shall have any power
or authority to hear, examine or determine any matter or
thing whatsoever, in the said court, commonly called the
Star-Chamber, or to make, pronounce, or deliver any judgment,
sentence, order or decree; or to do any judicial or
ministerial act in the said court. (3) And that all and every
act and acts of parliament, and all and every article,
clause, and sentence in them, and every of them, by which
any jurisdiction, power or authority is given, limited or appointed
unto the said court, commonly called the Star-Chamber,
or unto all, or any of the judges, officers, or ministers
thereof, or for any proceedings to be had or made in
the said court, or for any matter or thing to be drawn into
question, examined or determined there, shall for so much
as concerneth the said court of Star-Chamber, and the power
and authority thereby given unto it, be from the <hi rend="italics">first</hi>
day of <hi rend="italics">August</hi> REPEALED and ABSOLUTELY REVOKED
<hi rend="italics">and made void.</hi></p>
        <p>4. And be it likewise Enacted, That the like jurisdiction
now used and exercised in the court, before the president
and council in the marches of Wales; (2) And also in the
court, before the president and council established in the
northern ports; (3) And also in the court commonly called
the court of the duchy of Lancaster, held before the
chancellor and council of that court; (4) And also in the court
of Exchequer of the <hi rend="italics">county palatine of Chester</hi>, held before the
chamberlain and council of that court; (5) The like jurisdiction
being exercised there, shall, from the said <hi rend="italics">first</hi> day
of <hi rend="italics">August one thousand six hundred forty-one</hi>, be also REPEALED,
and ABSOLUTELY REVOKED, and <hi rend="italics">made</hi>
VOID; <hi rend="italics">any law, prescription, custom or usage, or the said statute
made in the third year of King</hi> Henry the Seventh, <hi rend="italics">or the</hi>
<pb id="brown46" n="46"/>
<hi rend="italics">statute made in the one and twentieth of</hi> Henry the Eighth, <hi rend="italics">or
any act or acts of parliament heretofore had or made, to the contrary
thereof, is in any wise notwithstanding</hi>. (6) AND THAT
FROM HENCEFORTH NO court, council or PLACE OF
JUDICATURE, SHALL BE ERECTED, ORDAINED,
CONSTITUTED OR APPOINTED WITHIN THIS
REALM OF <hi rend="italics">England</hi>, OR DOMINION OF <hi rend="italics">Wales</hi>, WHICH
SHALL HAVE, USE, OR EXERCISE THE SAME, OR
THE LIKE JURISDICTION, AS IS OR HATH BEEN
USED, PRACTICED OR EXERCISED IN THE SAID
COURT OF <hi rend="italics">Star-Chamber</hi>.</p>
        <p>5. Be it likewise declared, and Enacted by the authority
of this present parliament, That <hi rend="italics">neither his</hi> MAJESTY,
NOR <hi rend="italics">his</hi> PRIVY COUNCIL, HAVE, or OUGHT TO
HAVE <hi rend="italics">any jurisdiction, power or authority, by English bill, petition,
articles, libels, or any other</hi> ARBITRARY WAY
WHATSOEVER, <hi rend="italics">to examine or draw into question, determine
or dispose of the lands, tenements, hereditaments, goods or chattels
of any of the subjects of this kingdom; but that the same ought to
be tried, and determined in the ordinary courts of justice and by
the ordinary course of law.</hi></p>
        <p>6. And be it further provided and enacted, that if any lord
chancellor or keeper of the Great seal of England; lord treasurer,
keeper of the king's privy seal, president of the council
bishop, temporal lord, privy counsellor, judge or justice
<hi rend="italics">whatsoever</hi>, shall offend, or do anything contrary to the <sic corr="purport">pur
port</sic>, true intent, and meaning of this law, then he or they
for such offence <hi rend="italics">forfeit</hi> the sum FIVE HUNDRED POUNDS
of lawful money of England unto any party grieved, his executors
or administrators, who shall really prosecute for the
same, and first obtain judgment thereupon to be recovered
in any Court of record at <sic corr="Westminster"><hi rend="italics">Westminister</hi></sic>, by action of debt, bill,
plaint, or information, wherein no essoign, protection, wager
of law, aid prayer, <hi rend="italics">privilege</hi>, injunction or order of restraint,
<hi rend="italics">shall be</hi> IN ANY WISE <hi rend="italics">prayed, granted or allowed</hi>, nor
any more than one imparlance. (2) And if any person,
against whom, any such judgment or recovery shall be had
as aforesaid, shall, after such judgment or recovery, <hi rend="italics">offend
again</hi>, in the same, then he or they for such offence shall
forfeit the sum of ONE THOUSAND POUNDS of lawful
money of England, unto any party grieved, his executors or
administrators, who shall really prosecute for the same, and
first obtain judgment thereupon, to be recovered in any
court of record at <sic corr="Westminster,"><hi rend="italics">Westminister.</hi></sic> by action of debt, bill, plaint,
or information, in which no essoign, protection, wager of
law, aid prayer, <hi rend="italics">privilege</hi>, injunction or order of restraint,
shall be IN ANY WISE <hi rend="italics">prayed, granted</hi> or <hi rend="italics">allowed;</hi> nor any
more than one imparlance. (3) And if any person, against
whom any such second judgment or recovery shall be had as
aforesaid, shall after such judgment of recovery <hi rend="italics">offend again</hi>
in the same kind, and shall be thereof duly convicted by indictment,
<pb id="brown47" n="47"/>
information, or any other lawful way or means,
that such person so convicted shall be from thenceforth
DISABLED, and become by virtue of this act INCAPABLE,
<hi rend="italics">ipso facto, to bear his and their said office and offices respectively.</hi>
(4) And shall be likewise <hi rend="italics">disabled to make any gift,
grant, conveyance, or other disposition, of any of his lands, tenements,
hereditaments, goods, or chattels; or to make any benefit of
any gifts</hi>, conveyance or legacy, to his own use.</p>
        <p>7. And <hi rend="italics">every person so offending,</hi> shall likewise forfeit and
loose <hi rend="italics">to the party grieved</hi>, by anything done, contrary to the
true intent and meaning of this law, his <hi rend="italics">trible damages</hi>, which
he shall sustain and be put unto, by means or occasion of
any such act, or thing done; the same to be recovered in
any of his Majesty's courts of record at <sic corr="Westminster">Westminister</sic>, by action
of debt, bill, plaint, or information, wherein no essoign,
protection, wager of law, aid prayer, privilege, injunction,
or order of restraint, <hi rend="italics">shall be</hi> IN ANY WISE <hi rend="italics">prayed, granted
or allowed</hi>, nor any more than one imparlance.</p>
        <p>8. And be it also provided and enacted, That if any person
shall hereafter be committed, restrained of his liberty, or
suffer imprisonment, by the order of decree of any such court
of STAR-CHAMBER, or other court aforesaid, now, or at any
time hereafter, having, or pretending to have, the same, or
like jurisdiction, power or authority, to <hi rend="italics">commit</hi> or <hi rend="italics">imprison</hi>
as aforesaid; (2) Or by the command or warrant of the
<hi rend="italics">king's Majesty, his heirs and successors in their own person;</hi> or
by the command or warrant of the <hi rend="italics">council-board; or of any
of the lords,</hi> or <hi rend="italics">others of his Majesty's privy council;</hi> (3) That in
every such case, every person so <hi rend="italics">committed, restrained</hi> of his
liberty, or <hi rend="italics">suffering imprisonment</hi>, upon demands or motion
made by his counsel, or other employed by him for that purpose,
unto the Judges of the court of king's bench, or communion
pleas, in open court, shall, without delay, upon any
pretence whatsoever, for the ordinary fees usually paid for
the same, have forthwith granted unto him a writ of <hi rend="italics">habeas
corpus</hi>, to be directed generally unto all and every sheriff,
gaoler, minister, officer, or other person, in whose custody
the person committed or restrained, shall be. (4) And the
sheriffs, gaoler, minister, officer, or other person, in whose
custody the person so committed or restrained shall be, shall,
at the return of the said writ and according to the command
thereof, upon due and convenient notice thereof, given unto
him, at the charge of the party who requireth or prosecuteth
such writ, and upon security by his <hi rend="italics">own bond</hi> given, to pay
the charge of carrying back the prisoner, if he shall be remanded
by the court to which he shall be brought; as in
like cases hath been used; such charges of bringing up, and
carrying back the prisoner, to be always ordered by the court,
if any difference shall arise thereabout; bring or cause to be
brought, the body of the said party so committed or restrained,
unto and before the Judges or justices of the said court,
<pb id="brown48" n="48"/>
from whence the same writ shall issue, in open court. (5
And shall then likewise certify the <hi rend="italics">true cause</hi> of such, his <hi rend="italics">detainer,</hi>
or imprisonment, and thereupon the court, within three
court days after such return, made and delivered in open
court, shall proceed to <hi rend="italics">examine</hi> and <hi rend="italics">determine,</hi> whether the
cause of such commitment, appearing upon the said return,
be just and legal or not, and shall thereupon do what to
JUSTICE SHALL APPERTAIN, either by <hi rend="italics">delivering,</hi>
<hi rend="italics">bailing,</hi> or <hi rend="italics">remanding</hi> the prisoner. (6) And if anything
shall be otherwise wilfully done, or omitted to be done by
any judge justice, officer or other person afore-mentioned,
contrary to the directions and true meaning hereof, then
such persons so offending shall forfeit to <hi rend="italics">the party grieved</hi>, his
<hi rend="italics">trible damages</hi> to be recovered by such means, and in such
manner as is formerly in this act, limited and appointed, for
the like penalty to be sued for and recovered.</p>
        <p>9. Provided always, and be it enacted, That this act and
the several clauses therein contained shall be taken and expounded
to extend only to the court of STAR-CHAMBER;
(2) And to the said court-holden before the <hi rend="italics">president</hi> and
<hi rend="italics">council</hi> in the <hi rend="italics">marches</hi> of Wales; (3) And before the <hi rend="italics">president</hi>
and <hi rend="italics">council</hi> in the <hi rend="italics">Northern ports;</hi> (4) And also to the court
commonly called the <hi rend="italics">court of the</hi> duchy of Lancaster holden
before the <hi rend="italics">chancellor</hi> and <hi rend="italics">council</hi> of that court; (5) And also,
in the court of <hi rend="italics">Exchequer</hi>, of the <hi rend="italics">county palatine</hi> of Chester,
held before the <hi rend="italics">chamberlain</hi> and <hi rend="italics">council</hi> of that court; (6)
And to <hi rend="italics">all courts of like jurisdiction to be hereafter</hi> erected, ordained,
constituted, or appointed, as aforesaid; and to the
warrants and directions of the <hi rend="italics">council board</hi>, and to the <hi rend="italics">commitments,
restraints</hi> and <hi rend="italics">imprisonments</hi> of any person or persons,
made, commanded or awarded by the <hi rend="italics">king's Majesty, his heirs
or successors, in their own person</hi>, or by the <hi rend="italics">lords</hi>, and <hi rend="italics">others of
the privy council, and every one of them.</hi></p>
        <p>And lastly, provided and be it enacted, That no person or
persons shall be sued, impleaded, molested or troubled, for
any offence against this present act, unless the party supposed
to have so offended shall be sued, or impleaded for the
same, within <hi rend="italics">two years</hi>, at the most, after such time, wherein
the said offence shall be committed.</p>
      </div1>
    </back>
  </text>
</TEI.2>