Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1862-09-19
cnrare.sieraI Procseair Ii.

In this summary We emit, as far as possible
sn mere repetition Of what has already been re
ported By telegraph.
THURSDAY, September u-SCnGto-On mo
ton Of Mr.. Haynes, the resolutions offered b,
himself on yesterday in relation to msriiaI law
aud the freedom OF the press were taken up al.
modified so that the clause iuquiring as T.
proper penalties for the abuse Of the freedom 0
the press would De changed into an inquiry a
to penalties TOT melting lDsurrecLion by any
person or means. Tue resolutions were theI
referred to the committee on judiciary.
A communication was received from the Sec
rotary OF War, IN reply to u resolution of the
Senate, asking by what authority conscript.
were taken to camps of instruction. The reply
stated that the establishment of such camps was
necessary for carrying out properly the Provi
slons OF the cOnscTipt act.
The communication was laid on the table and
ordered to be printed.
The following communication was also pre-
sented to the Senate from the Secretary of War,
inrePly to a resolution requesting certain inform.
alton from the President in relation 70 the pay
and appointment Of provost marshals
His Exeellency JEFF Davis, Pres.dsutC. s. A.
SIR I have the honor to acknowledge the re-
ceipt Of the inclesed resolution Of the Senate.
requesting you to give them information con-
corning the pay and appointment Of provost
msTsh8ls.
The army regulations provide for the employ
ment, By a commanding general or general OF
division, Of provost marshals, who are charged
with the custody Of prisoners, and the perform
ance Of police duties. In g~arrisons non-com-
missioned officers are usually assigned to these
duties, but, with armies Of the field, deprived as
they are of the assistance Of the civil authOri-
ties, and often incumbered with large numbers
Of prisoners, the duties become more difficult
and important, and commissioned officers are
detailed for their discharge.
1t viii be observed that provost marshals are
employed, not appointed; otherwise officers of the
army, already holding commissions, could not
be assigned to such duty without holding two
distinct appointments from the government.
Il having been found that large amounts of
public property at our principal depOt5, and the
peace and good order Of many of our towns were
endangered by the numerous stragglers from the
army, and camp-tOiloweTs hanging about them,
and that desertIOn from the army was enc0Ur-
aged by the want Of persons at those points su-
thorized to make arrests, the department en-
ployed provost marshals, and vested them with
authority over all persons in the army found
within their respective limits.
They haze no authority i~etaterer OUer persons
not IN the army, ercept J5hers martial ial0 IS IN
force, IN which Localities their police powers are
extended 20 citizens as well as soldiers.
Whether martial law exist or not, they are ex-
pressly prohibited by a general order from exer-
cisiug civil jurisdiction, and the Department has
checked them in all cases in which the exercise
of such jurisdiction has been made the subject
of complaint.
Many Of the provost marshals of posts where
martial law is not ia force have fallen into the
error of supposing themselves to be clothed with
general police powers, bus the Department has
invariably informed them when such cases were
brought TO its attention, that they could derive
the power to arrest citizens from the civil msgis-
only.
Their compensation is usually fixed at that Of
a captain Of infantry, bat in some few cases
they have been allowed the pay of field officers.
The reference to the army grade is merely for
.he purpose Of fixing their rate of compensa-
ion, and does not confer on them grade or com
mission.
The employment of provost marshaIs and
provost guards IS essential to the preservation OF
public property, TO the peace and good order of
'ur chief towns and to the very existence of the
.tmy.
They sre paid by the q-uartsrmaster's depart
nent because the army regulations require shat
department. to pay the incidental expenses oil
he army, including generally all proper and au-
A~-f"N NNP-heNo - TIC HlgFEhA1lNo hAA opcAd-
ions Of the army, not expressly assigned 10
departments
Provost marshals being essential 70 the opera
ions Of the army, and not being c~hargeabls to
ny other department, seem properly to be as
igned for their pay and allowances TO the quar-
7rmaster generals department.. +
Very respectfully your obodient servant,
GEORGE W. RANDOLPH,
Secretary oFWar.
The communication was laid upon the table
nd ordered to be printed.
The consideration OF The exemption bill was
ssumed, and the remainder Of the session wag
in the discussion OF the amendment ex-
justices Of the peace from exemption.
House The House passed the following bill +
An Act to Provide for the Traneiefof Troops:
The Congress of the Confederate States do {
leet. That it shall be the duty OF the Secretary &
War to transfer any private or non commits
oued officer who may be in a regiment from a y
Of this Confeieracy other than his own, to G
regiment from his own State, whenever such O
ivate OF nOn-cOmmjssionod officer may apply t
/ such transfer, and whenever such transfer
n be made without injury to the public ser
&c; and the Secretary of War shall make Tegu- n
tons for executing such transfer: Provided, d
this act shall not apply toany one who has q
listed as a substitute. p