The Confederate Records of the State of Georgia 2, Pt.2

Cover The Confederate Records of the State of Georgia 2, Pt.2
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Suspension of the Habeas Corpus.
I cannot withhold the expression of the deep mortifi- cation I feel at the late action of Congress in attempting to suspend the privilege of the writ of habeas corpus^ and to confer upon the President powers expressly denied to him by the Constitution of the Confederate States. Under l^retext of a ■necessity wliieh our whole people know does not exist in this case, what ever may have been the motives, our Congress with the assent and at the request of the Execut
...ive, has struck a fell blow at the liberties of the people of these States.
The Constitution of the Confederate States declares that "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it." The power to suspend the habeas corpus 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 .


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