CONFEDERATE STATES. 



197 



ging men to bear them ; this city of Augusta alone 

 produces more powder than the army can burn ; all 

 things are fair, and this Confederacy is not yet, in 

 the familiar parlance of the croaker, "played out," 

 as those declare who spread their own despondency 

 over the whole body politic. 



We are fighting for constitutional liberty ; upon us 

 depends its last hope. The Yankees, in endeavoring 

 to coerce the States, have lost that heirloom of their 

 ftthers, and the men of the South alone must sus- 

 tain it. 



Ours is not a revolution. "We are a free and inde- 

 pendent people in States that had the rigbt to make 

 a better government when they saw fit. They sought 

 to infringe upon the rights we had, and we only in- 

 stituted a new government on the basis of these 

 rights. We are not engaged in a Quixotic fight for 

 the rights of man ; our struggle is for inherent 

 rights, and who would surrender them ? Let every 

 paper guarantee possible be given, and who would 

 submit ? From the grave of many a fallen hero the 

 slain would cry out against such a peace with the 

 murderers. The women of the land driven from 

 their homes ; the children lacking food ; old age 

 hobbling from the scenes of its youth ; the fugitives, 

 forced to give way to the Yanke'e oppressor, all pro- 

 claim a sea of blood that freemen cannot afford to 

 bridge. There is but one thing to which we can 

 accede separate State independence. Some there 

 are who speak of reconstruction with slavery main- 

 tained ; but are there any who would thus measure 

 rights by property? God forbid. Would you see 

 that boy, with a peach bloom on his cheek, grow 

 up a serf never to tread the path of honor, unless 

 he light the torch at the funeral pyre of his coun- 

 try ? Would you see the fair daughters of the land 

 given over to the brutality of the Yankees? 



If any imagine this would not be so, let him look 

 to the declaration of Mr. Lincoln the terms he of- 

 fers ; let him read the declarations of the Northern 

 press ; let him note the tone of the Northern people, 

 and he will see there is nothing left for us but sepa- 

 rate independence. 



Some dissatisfaction arose, particularly in 

 Georgia, respecting the financial and currency 

 measures of the Government, which were the 

 Tax and Funding Acts. They were designed 

 to reduce the amount of currency in circula- 

 tion. These measures, although regarded as im- 

 proper, unwise, and unjust, were, however, ac- 

 quiesced in. The Military Act, which put every 

 man under military control between seventeen 

 and fifty years of age, also excited much dis- 

 satisfaction. But the suspension of the writ of 

 habeas corpus was regarded as the most ex- 

 citing and the most important question. Gov. 

 Brown, of Georgia, sent a message to the 

 Legislature on this subject, which rallied in its 

 support every disaffected and disappointed man 

 in the Confederacy. This message was supported 

 by Vice-President Stephens, whose argument 

 on the question, in a public speech, is thus stated : 



"The privilege s of the writ of habeas corput may be 

 suspended by Congress, but in doing so no man shall 

 be deprived of his liberty without due process of 

 law, nor shall any man be subjected to seizure, ex- 

 cept on probable cause, supported by oath or affirma- 

 tion." It will be observed that, according to this 

 argument, no suspension of the writ of habeas corpus 

 is constitutional which provides for the imprisonment 

 of any person "without due process of law ; " and 

 no suspension is constitutional which provides for 

 an arrest, except for probable cause, " supported by 

 oath or affirmation." This article is based upon the 

 two following provisions of the Constitution : 1. " Xo 



person shall be deprived of life, libertv, or property, 

 without due process of law." 2. '"fhe right of the 

 people to be secure in their persons, houses, papers, 

 and effects, against unreasonable searches and .seiz- 

 ures, shall not be violated; and no warrants shall 

 issue but upon probable cause, supported by oath or 

 affirmation, and particularly descnbing the place to 

 be searched, and the person or things to be seized.' 



"Due process of law," according to the argument 

 of Mr. Stephens, means a judicial proceeding. 

 Therefore all arrests not based upon a warrant is- 

 sued by some judicial officer, are unconstitutional, 

 though authorized by an express act of Congress. 



The Act of Congress which forbid a clear- 

 ance to be given to a vessel unless half of the 

 cargo was on Government account, caused a 

 protest from the Governors of Georgia, Missis- 

 sippi, Alabama, and North Carolina. The Leg- 

 islature of these States had each authorized 

 the Governor to purchase vessels to run the 

 blockade. Although this act was a serious 

 interference with the advantages accruing to 

 the States, it was acquiesced in. 



The question of Peace was present to every 

 mind. But one view, however, controlled the 

 Government and the majority of the people. 

 When the North is prepared to acknowledge 

 the independence of the Confederate States, 

 the war will close and peace prevail. As there 

 was not the slightest indication of such an act 

 on the part of the North, all these parties 

 urged forward the war. In North Carolina, 

 during 1863, there were those who not only 

 desired peace but demanded some immediate 

 steps to be taken to open negotiations. In 

 their minds the success of the Confederacy 

 was considered impossible, as they sanguinely 

 anticipated some favorable arrangements be- 

 tween the contestants. This agitation led to 

 the following correspondence : 



STATE OF NORTH CABOLINA, > 

 ExEcrrivE DEPAETMEXT, RALEIGH. Dec. 30th, 1S63. ) 

 His Excellency President Lav in : MY DEAR SIB : After 

 a careful consideration of all the sources of dis- 

 content in Xorth Carolina, I have concluded that it 

 will be impossible to remove it except by making 

 some effort at negotiation with the enemy. The re- 

 cent action of the Tederal House of Representatives, 

 though meaning very little, has greatly excited the 

 public hope that the Northern mind is looking tow- 

 ard peace. I am promised by all men who advocate 

 this course that, if fair terms are rejected, it will 

 tend greatly to strengthen and intensify the war feel- 

 ing, and will rally all classes to a more cordial sup- 

 port of the Government. And, although our position 

 is well known as demanding only to be let alone, yet 

 it seems to me that for the sake of humanity, with- 

 out having any weak or improper motives attributed 

 to us, we might, with propriety, constantly tender 

 negotiations. In doing so, we would keep conspicu- 

 ously before the world a disclaimer for the responsi- 

 bility for the great slaughter of our race, and con- 

 vince the humblest of our citizens who sometimes 

 forget the actual situation that the Government is 

 tender of their lives and happiness, and would not 

 prolong their sufferings unnecessarily one moment. 

 Though statesmen might regard this as useless, the 

 people will not, and I think our cause will be 

 strengthened thereby. I have not suggested the 

 method of these negotiations or their terms. The 

 effort to obtain peace is the principal matter. 



Allow me to beg vour earnest consideration of this 

 suggestion. Very respectfullv, yours, 



Z. B. VANCE. 



