Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1862-09-05
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From the Charleston Mercury.l
We recently called attention TO the order Of
Gen Ysn Dorm to the effect that if the editor or
proprietor Of any newspaper printed in his de-
partment-
" Shall publish any editorial article, or copy
into his paper any article or paragraph calculated
to impair confidence IN any of the commanding
officers whom the President may see fit to place
over the troops such editor or proprietor shall be
subject to f ne and imprisonment and the publ
cation Of the paper thereafter be suspended"
We have also noticed the communication Of
General Bragg, Augusts5.h, through his a. A. A.
General, {Slaughter,) to the editor of the Mont
gomery AdreHiSer, stating that be had arrested
his correspondent in the army, and containing
the following threat in regard 70 himself and his
paper
:. Y0Er correspondent was arrested for gross
violation OF weil-knOBn rules in all srrnies-not
10 declare to the enemy the movement of troops
1t is well ssceTtained that the enemy receive
ysur paper and others regularly, and By that
msans are kept constantly advised Of our opera
lions. As long es yoa confined y0HrselUSs to
personal sbu5c and detraCtion, though false and
malignant, see your article on the relief Of Cen
Besuregard by Gen. Bragg, charging collisions
between the latter and the War Department, J
Gen. B.eZg cared nothing for it. But when you
assail our cause, AID expose our plans to the en-
envy, it becomes bis duty to interiors and you
may rest assured be will de it, regardless of the
support you have in tho Cabinet
The Constitution under which we live, ex-
prsssly provides that
"CongFess shall make no law abridging the
freedom Of speech or Of the press"
The following is the legislation of Congress in
regard to the suspension of ha5eds corpus, which
we find in the pamphlet acts of Congress, 1902
CHAP IL An Act to authorise the suspension Of the
Writ OF Habeas Corpus ia certain cassr.
The Congress of the Confederate States do
enact That during the present invasion Of the
Confederate States, the President shall have
power to suspend the privilege Of the writ of
fhabeas corpus in such cities, towns and military
districts as shall, in his Judgment, be in such
danger of attack by the enemy as to require the
declaration Of martial law for their effective de-
fensc.
Approved, February 9th, 1862.
CEAP. XIV An Act to limit the Act to suthOrise q
suspension Of the Writ Of Habeas Corpus,
The Congress Of the Confederate States Of
Amsgica do enact, Thst the Act aulhorising the
suspension Of the writ of kabeas corpus, is here
by limited TO arrests made by the authorities Of
the COnfsdsrSts government, or for ohsnsss
sgainst the ssme.
SEC. 2 Be Il fartbsr enacted, That tho Act
which this Act is intended TO limit, shall con-
tinuo in force thirty days after the next meetiBZ
of Congress- and no longer
Approved, April 19s h. 1862
Il is clear, therefore, that the President, and
nobo y but the President, has the power, in a
pressing contingency, and during limited time,
10 suspend the writ of habeaS c0TpHs, and tkon
only in cases where martial law has been pro-
claimed, No general has any authority to suS-
pend the privilege guaranteed to the citizen BY
the fundamental law of the land. No general
has authority for abridging the freedom of the
press also guaranteed to the citizen Il is, there
fore, clear that Generals Van Dorm aod Bragg
have exceeded theiT authority, and undertaken
to usurp power expressly denied 10 them by the
Constitution and laws Of the lsnd.
Freedom of the press, like all human institu-
tons, Is liable to sbuse; bat it is pregnant with
infinitely more Of good than evil Giving utter
encs to the various views and feelings Of the
people, il deTolves public opinion in tangible
form. Public opinion is the breath Of life TO re-
publics Il has usually been considered the
bulwArk of popular liberty, aud an inialfble
criterion of the freedom Of government.