212 



CONGRESS, CONFEDERATE. 



with the United States whenever they were 

 willing to treat with us, as had heen done in 

 the Revolutionary war, in the war of 1812, and 

 during the Mexican Avar. 



He said the people of his district were as 

 loyal and devoted to the Southern cause as 

 those of any other in the Confederacy. He 

 said they had sent to the army more men in 

 proportion to their population than any district 

 in the South ; that they had proved their de- 

 votion to the cause upon almost every battle- 

 field had nohly fallen with " their feet to the 

 enemy and their face to the sky." He said he 

 was prepared to prove that there had been 

 fewer desertions from the troops of North 

 Carolina than from those of any other State in 

 the South. 



He said the views he entertained upon peace 

 were the same that had been expressed by the 

 Vice-President of the Confederacy, and many 

 other distinguished men in the South. He said 

 that it was true that there was much opposi- 

 tion to the late act passed for the suspension 

 of the writ of habeas corpus, and since the pub- 

 lication of Mr. Stephens's speech it had much 

 increased. He had intended himself to intro- 

 duce a bill to repeal the late act. He heard 

 that the act had been passed for the purpose 

 of suppressing public sentiment in North Caro- 

 lina. If so, its object has been and would be 

 defeated. While the people of North Carolina 

 were willing to make any and every sacrifice 

 for the honorable prosecution of the war, they 

 would not quietly submit to the destruction of 

 their rights and liberties. 



Mr. J. T. Leach also rose to a personal ex- 

 planation. The article in the Examiner, he 

 had no doubt, alluded to him. He said he en- 

 dorsed every word that had been said by his 

 colleague. He was a peace man for an hon- 

 orable peace peace that will do justice to 

 those that commenced the war, and those that 

 have sacrificed their all upon the altar of their 

 country. He said he was a Southern man, and 

 would stand by the cause of the "sunny South," 

 and was willing to make any proper sacrifice 

 for its success. But he said is it any discredit 

 to a man to be in favor of peace ? How are 

 you to put an end to the war without negotia- 

 tion, and how are you to negotiate without 

 being in favor of peace ? Commissioners had 

 been appointed in all wars we ever had to 

 bring about the cessation of hostilities, and 

 put a stop to the shedding of blood. He said 

 we must lay aside all this spirit of vilification 

 and prejudice which seemed to fill the minds 

 of many persons upon this subject. The peo- 

 ple of North Carolina had been abused and 

 vilified more than those of all the States of the 

 South, and why was it ? Was it because she 

 had furnished so many thousand noble and 

 true men, who had sacrificed their all for the 

 cause ? 



He said that it was true there was disloyalty 

 there a disloyalty that he was proud of a 

 disloyalty that is opposed to bad laws and 



worse administration. He said that the re- 

 cent act* suspending the writ of habeas corpus 

 had created disloyalty there. 



Mr. Staples desired to ask the gentleman a 



* A Mil to suspend the jrri-tilege of the writ of Haltat 

 Corpus in certain cases. 



WHEREAS, The Constitution of the Confederate States of 

 America provides, in Article I., section 9, paragraph 5, that 

 " the privileges of the writ of habeas corpus shall not be sus- 

 pended, unless when, in case of rebellion or invasion, the pub- 

 lic safety may require it ; " and whereas, the power of sus- 

 pending the privilege of said writ, as recognized in said 

 Article I., is vested solely in the Congress, which is the ex- 

 clusive judge of the necessity of such suspension; and 

 whereas, in the opinion of the Congress, the public safety 

 requires the suspension of said writ in the existing case of 

 the invasion of these States by the armies of the United 

 States ; and whereas, the President has asked for the suspen- 

 sion of the writ of habeas corpus, and informed Congress of 

 the condition of the public danger which render the suspen- 

 sion of the writ a measure proper for the public defenco 

 against invasion and insurrection; now, therefore, 



SEC. 1. That during the present invasion of tlie Confeder- 

 ate States the privilege of the writ of habeas corpus be, and 

 the same is hereby suspended; but such suspension shall ap- 

 ply only to the cases of persons arrested or detained by order 

 of the President, Secretary of "War, or the General Officer 

 commanding the Trans-Mississippi Military Department, by 

 authority and under the control of the President. It is 

 hereby declared that the purpose of Congress m the passage 

 of this act, is to provide more effectually for the public safety 

 by suspending the writ of habeas corpus in the following 

 cases, and no other : 



I. Of treason or treasonable efforts or combinations to sub- 

 vert the Government of the Confederate States. 



II. Of conspiracies to overthrow the Government or con- 

 spiracies to resist the lawful authority of the Confederate 

 States. 



III. Of combining to assist the enemy, or of communicat- 

 ing intelligence to the enemy, or giving'him aid and comfort. 



IV. Of conspiracies, preparations, and attempts to incite 

 servile insurrection. 



V Of desertions and encouraging desertions, of harboring 

 deserters, and of attempts to avoid military service : Pro- 

 tided, that in cases of palpable wrong and oppression by any 

 subordinate officer, upon any party who does not legally owo 

 military service, his superior officer shall grant prompt relief 

 to the oppressed party, and the subordinate shall be dismissed 

 from office. 



VI. Of spies and other emissaries of the enemy. 



VII. Of holding correspondence or intercourse with the 

 enemy, without necessity, and without the permission of the 

 Confederate States. 



VIII. Of unlawful trading with the enemy and other 

 offences against the laws of the Confederate States, enacted to 

 promote their success in the war. 



IX. Of conspiracies, or attempts to liberate prisoners of 

 war held by the Confederate States. 



X. Of conspiracies, or attempts or preparations to aid the 

 enemy. 



XI. Of persons aiding or inciting others to abandon the 

 Confederate cause, or to resist the Confederate States, or to 

 adhere to the enemy. 



XII. Of unlawfully burning, destroying or injuring, or 

 attempting to burn, destroy or injure any bridge or railroad, 

 or telegraph line of communication, or other property with 

 the intent of aiding the enemy. 



XIII. Of treasonable designs to impair the military power 

 of the Government by destroying or attempting to destroy 

 the vessels -or arms or munitions of war, or arsenals, foun- 

 deries, workshops, or other property of the Confederate 

 States. 



SEC. 2. The President shall cause proper officers to inves- 

 tigate the cases of all persons so arrested or detained, in order 

 that they may be discharged if improperly detained, unless 

 they can' be speedily tried in the due course of law. 



SEC. 8. That during the suspension aforesaid no military 

 or other officer shall be compelled, in answer to any writ of 

 habeas corpus, to appear in person, or to return the body of 

 any person detained by him by the authority of the Presi- 

 dent, Secretary of War, or the general officer commanding 

 the trans-Mississippi Department ; but upon the certificate 

 under oath of the officer having charge of any one so detained 

 that such person is detained by him as a prisoner under the 

 authority aforesaid, further proceedings under the writ of 

 habeas corpus shall immediately cease and remain sus- 

 pended so long as this act shall continue in force. 



SEC. 4. This act shall continue in force for ninety days 

 after the next meeting of Congress, and no longer. 



