Washington telegraph. [volume] (Washington, Ark.) 1839-1871, 1862-12-17


DEPARTMENT INDIAS TERRITORY.
Fort Washita. 25th October. 1862.
| SIR-You have inquired of me- ~ regard W
the powers Of Provost Marshall IN tie Semi
mole country. and have desired to know wheth-
er i il my intention 70 appoint any
| II j. not.
1 haze in prior letter said a Few words ~
the subject Of Provost Mar,hals: but rejecting
that you will desire something more safistac-
tory than tile brief words ! then used, | con
clude, in a moment of leisure, - give You NV
| opinion, st. briefly, but yet mere fully.
FIRST, however, read the message VI tile
President. communicating to Congress the let
ter of the Secretary Of War, printed cnp:e, u
which | enclose. gnd you will -c,, drst. tEat
all appointments OF Provost MArshais, made
by General Hindman in command OF the
Trans mississippi District, XII hy any hudJ c>r
under MIN " such commanding General were
simply null and void, because h. never was in
ccnlmanl by any rightful authorii- And.
seconG, that Gen. Holmes was Wilt Witt With
orders 70 rescind his declaration Of Martial
Law ami all the regulations adopted u carry il
into effect. II they had not ali been aFrelry
null and void, the order would W itself ha, y
annulled them all, if Gen. Holmes never re-
| scinded aEyfhing
| There j. no G7prittai Martial law. The only
Jaws VIC AAft VI ttlt ItkNG hnlll TIE CONSTITUTION
is destroyed. are the civil and criminal laws of
the land, found in Or adopted in the Statute:
/ and the Military laws written in the Articles
| OF War, Acts Of Congress in respect 10 Military
Y AFFAIRS, and Regulations adopted BIZ the War
/ Department, AMI Not inconsistent with tile
| Constitution and Laws. We have not even
adopted the English Mutiny Act, or any equiv
H aent tor it
/ Whenever the will Of Commanding Gen
eral shall become law, over persons not IA the
\ military service, the civil government Will nav.
v eetn lepused. the Constitutions. State anu NH-
\ tituai, Will be subycrted, aud the state b..
simply an Empire. with him a. Imysra'or "a
\ Emperor. Why cannot men reflect, tnat Iar-
4 perator, CgmmaHdsr is q lili,qrU tit!c: and tAag
the powers lately usurped by Generals B.ae..
H van Dorm and Hindmhn, in Mississippi, Ar
\ kansas, anu the Indian country. arc The same
"a those were tLat Cesar usurped; ami taal
! Caesar himself, lmperator and King a. lie reIls
was, never placed 0l hi- heal the crown Offer
\ ed by Antony nor never called himself E:-pe-
/ I.r. but only General: or AZ Iuper..tor. on.y
4 in a strictly military sense.
4 There is ~ >uch thing a. Martial Law, III
the sense III which il Is popularity used There
/ y ny Martial lA" In our country, except tile
Y 'gyIual military law. There clH ~ none until
7 Congress makes Hsr Laws: AMI every GENERA.
/ nAO nas mIi- hts wIl! tle Jaw, Who ma. defined
VI Au iIVtI4eI tIe punishment 4ur offences. rNu
" .ia7 transferred TIE functions Of tue Courts III
/ the persons styled Provost Mrrshals, or has
\ hung "r snut mcn upon tria. uy a Military
VI Commission alu nOt uy 4 sentence III Count
Marital. las been guilty. ci THAR highest de-
i srrc %. IEEAsON. Il ala ases-the su5ver;ine
NJ ui tut Consultation ut hl- evuAtry. Aud eyeTl
I v.ItuT, WIZ, standing Ike "A sentinel on Ill.
I Parapejs "a the Constitution, zuyAs to warn
4 tAu people Ma any INVASION ol tAer rights h..
. -u-al- a- .ly contrary ,ue defender OI v1 aFcl
7 -ie aPo.Osls, iOI, wnat IS nov called marlia
.aw, Wn4t has been kuuwn Tor many ages a:
\ yutorar 4H4 advocate ut High Treason. al
4 aay..7.s Tor -slrplucI, a-u .Ac parasite u
/ a.. vu.ous : Ianny.
The Wee President of tile Confederate State.
\ has latciy pronounced a. 5~JpIuiUu, tia,
even Congress cannot declare martial law.
I which, IA IT. proper SENSE l. nothing but al
II 4bru-atIUu VI aII laws; that Congress cannot
" l.-H impair the constitutional rights OF any
I n.4a, tAe constitutional guarantees bein.
--aLuye AND beyond tile reach OH power
v Ol Congress, anu much more, ID il can w.
/ lDovl ....4 OeyOAd tie power vi any vlIcvr vi
/ the -IN-rmmeut, that ~ enc has authority u
v LLtI.sI. EtIy act Ha offence against military
I Jaw, UHlgss iue commission Vi such Act nas
I urst UyvH prohibited by an al 81 Congress.
lAJNAAAlAH AAL NALA1AAAAIAA 4NA NADAhAAnA LL lt,
Y N4ul i-e HIvIc anu manner u trying tie oi.
lenee PLAINLY set lor,n. Ana IA All this
idly agree WIKI nam, and also IA this that
\ --N either Generals nor their Provost 4larshals
have aAs power O. make alter modify laws
cIuier .n.I4llfy VI cIylI; nor cs.H they declare
N wat s4HII w crimes, gItIHr military Ur 1.Yl4
Or establish any tribunal 10 punish what tney
may 80 ueclare.
And | aGl, that whatever tile motive. a..
howe,ei pausaDle tie plea VI. necessity, al
oiiIcers, o. any grade, WHO nave been gulIty v
sueu usarpauOns, are csia4taals. In the c4rIJ
Y days UI nome, they would have been tArywI
headiUns irOn tie iarpeNn rocN encsnIc:
/ OF The epuOlc, II not vi the human race. In,
\ worst 49, vtlsHiS, anu tie blUOdIe-t. nave Id
I ali ages byg an under the prelence Vi necessity
anu IauutDlv motives.
v NOW a. d Provost NIarshais.
A Provost Marshal i az officer OF the cam
Of Al army. You viii ind ia a General Ur1ie
\ published In one Nj the papers 4 send you; XXX
Y Uf Tie Articles ui War, anu Regulations tia
define their powers. Oar regulations wer
takea originally, almost word f0r word, frUn
inc Mugs KvyulauOns .vr the Army" y
\ Great Bu,tin; aud 1 suppose We may properly
| wncn our own are dehclent, refer TO and o.
\ guided bv Lhc EnglIsn Regulations, II least "A
Iar As they limit powers.
Now, BY these English Regulations, Their
are no such officers even in Divisions 'of TIL
| Army, as Chief Provost Marshals,' an'
Provost Marshals General but only on,
provost Marshal with his assistants 10
each Brigade or Division. Fie has the ranI
of Captain" in the army, and his powers arr
thus defined:
s.it j. the particular duty Of the Proves
Marshal to take charge of prisoners confined
for offences Of general character; 70 preserve
good order and discipline; and 70 use every
possible means to prevent the commission o.
crime, by frequently visiting those places a.
which breaches Of order and discipline ar'
likely u be committed. lie is to take cogni-
rance Of the conduct of al fottower, and re-
tainers ri n. camp, as yell Is IF the soldiers p
he army.
..wiih this view he is frequently TO make
the tour of the camp and its environs, in order
10 prevent and detect persons committing act
Of disorder or depredations.
The Provost Marshal is entrusted with au'
thority to infict summary punishment on drs
soldier or indiUtduds connected Nth The army
whom he may detect in the actual commission
of any offence against order or discipline; ou'
4 recourse to the exercise Of this part or hi au'
thority is to be limited to the necessity OF the
case, when the prevalent and continual commis