Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1862-09-12
tosEEDEEATE sTArEs CONGRESS:
SENATE,
Int ssDAy, Sept. 18th, ls6..

clause lliqulrlus as to proper penalties for the
abuse vi the freedom Of the press would be
changed into an inquiry Us to penalties for IN
citing laSurrection by any person or means
/ he resolutions We're then referred TO tho
! Committee Oh Judiciary.
MIR. FhELsN opposed the reference Of the
resolutions. He said they Implied power in
congress IN regard 10 the great rights ofspcech
ana the press, which he was unwilling TO re-
c"sn"e orany purpose. The first clause Of the
nrSt resolution Is designed TO prevent, By leg
la'at'on, ally commander from abrilrlus the
i'rcd1m OF speech or Of the press. Tie Con-
Sll;utioi! dues that. The second clause con-
templates the punishment of the citizen tor
! the abuse Of these rights iii attempts 10 stir
up rebellion, &c. lie unhesitatingly denied
the right oi Congress 10 take any Jurisdiction
over the fundamental rights Of speech or the
preSs-whrn confined IL mere words or types
no matter wha; the abuse. VINO Judges OF
this abuse Congress! 1t was ilrn,caIly'
the old Scdition Law. Speaking snd printing
are absolutely free! Acts can only c"Dsi-
lu!- treason, and they must consist N 'l-N! :
img var t"alnst TIE: Government, iii adhering
70 Their r,.cmlrS, Or glr!ng aid and Comfort. -
\ c!L:I,H may proclaim and print that the
uU,eInu:"!it "uSh. u be olerLuTned. and
there l. and should be 10 power to prevent it,
TIE ,ccnird resolution SAYS: THAT every clt
IN, Hot belonging 10 the army, who may be
:.ny. i>oncd during the Suspension OF tho writ
Of hg5:GS corpus, shall not be tried OF pun
i>hcd except Gpul! indictment iy agrand jury.
;R!S eo!rtuu right is engraved upon the gran
tic :ountlatiun-stone of the Constitution, and
lpon that let 1t stand. 1t was far beyond the
jurisdiction Il Congress. The third rcSolu-
l'or declares .hrre i lIC such law as Martial
LAT. ilGaSil - the Constitution, but still III
stfucs lie Uo-iTlt;= e 10 inquire rs 70 whettl-
e. y -;.ouii Dr. uoolished.' II VA contra
2,ciIrI he could hot reconcile. But inc re-
Solution recognizes ErcrSaiLv a. L. iustitica-
liui, iur acts ,."4r under such Il law. Mr. p
rec, ':.aiArd Necessity ~ ail apology for u.lny
:e!E acts =! iniiiary COMMANDERS but let
Tia, plea hr made nj the JUDICIAL Tribunals,
where complain, IL made by The cirizen,
ns,css should Dot declare, and Cannot make
s,;cti me;c,Sity an '':lur:ury.' 'ihl. the last
cI1a-: - this resolution implies jurisdiction
"Tvr ms matter | viii EC!, Tor au instant,
entGTt:n. 1t PROPOSES TO rDquirr w:r,t..irr
t1"S'r~& can 2r:c. 4 Jaw To prevent sui;j "
cil:"lS against military officer or u i!'r..i.S
i!,c.: rights, " hen Committed wr.1rT :. s..,.d
discretion" ous.h principle, II '-,.,..-"t,Gn
win lac plea al nrcessitv, a. all si.r."lc,
would !>sve the citizen tic I..rr- Snort .: 1.l.-
lin,eGry. Let there be ~ tinkcr:nc with
ir.rs- great rights Leave i'...tn III the sacred
c!A"r>,c OF our Organic Ian.
Mr. UAh, IRON the Committee un Foreign
Aii',irS, reported back DILL declaring the OH
jsc:S Of the present var. = -..c:, u. motion,
wi- a Oh the IA =.
IN ;noli"m ri III. iluHr.s, tbs H"n$, nill
pr''E"iIn-. ipr 'i.e further !..ue III Treasury
n".r=. Sus .yi,IIvd ~ l:.c Committee IN FL
EaI:,,.
Mr. liuL, u tI.., from thr CaniEi;;-. on
Judiciary, reported back the bill To regulate
the nolninatlon and appointment, Of Brigadier
Generals, with repor: declaring that the
right oi nomination Is given by the Coustilu.
tiun exclusively ~ the President etc. and
recommending that the bill Dc rejected. The
Dill and report We're laid upon The ta5lc anu
ordered 10 DC printed.
mir. liLSsf, Of Tenn, ir.Iu the Committee on
Finance, reported bau1 tic till 10 declare the
tsa- meaning ana iutri,il5. ii the act to de-
i;ne more accurately the rycnpcivrl Of certain
good, from duty. wli!. sc.cra. amendments,
d:tiueS IN a more prr,'i.~- i.:dnner The goods
s1njec; 20 exemption.
:, communication va reserved from he
Secretary OF War, il reply To Z resolution D!
the senate, a>kin: by what su,holity Con-
SCRIPT, w":- taken 70 Games OF INSTRUCTION.
The rcy.y =ra,rd That The esta0l, huI=nt
Of srch camps WIS necessary IuT carrying
uat properly dc provisions u ms Lon@cl,pt
.;t.
Mr.. HIT, OF Ga, expressed his disa ,rryt.a-
ton Vi lie establishment Of any such syS-
TEN, Tecited some OF the abuses TO whirf. it
had been carried in MS own State. ard .Ic-
ncuncing the idea OF forcing men from th,ir
i.ou.cs undes any such unauthorized aa:. an
Just regulation.
Tue commune tiun was laid Oh the liable
and ordered TO De printed.
The following communication VA. Also
presented 10 the Senate from Tie Secretary
Vi War, III reply to resolution. requesting
certain information from the Pr+:iical in
relation to the pay au,. aprrI.it:.:ert o: Pro-
vost MarshulS:
HIS Excei!cncv JEfSzRso:. DAVIS, President
t. :. A:
SiK: kave the honor 70 acknowledge the
SENATE, requesting You to Civ. them intorua-
ion coucerulng Tie pay and appontInen, vi
PIu.ost MarshAls.
liz: army regulations provid= Tor the sm-
pioyMent. pv Commanding General or 4
General Of Division, Of Provost lIarshals. W no
arc charged with the custody Of prisoners,
and the performance 0! police duties. II gar
rIsons non-coinmissioncd officers are usual
assigned " tnese duties, but WI'h armies Of
the ncid, deprived as they are Of lu- assl;-
.anC- II the clr.l authorities, aIi .,iten i'll
:ulnprrzd nth large Numbers vi I':i=uarrs,
the duties become II"rc iiriicuit AID iDlur
LaIt and commissioned officers aru detailed
for their discharge.
Il .r,ii be observed that Provost Marshais
are smp|oyed,not aHpot"ted; otherwise Officers
Of the al ;uy, aiready holding c,.rE;nisSlons,
could not be assigned 10 such duty without
holding t~-o distinct appointments 'r~l.. the
Government.
l. ha1,ng been found that large amounts CT
pubic property a. our principal depots,and the
l,ace and good order Of many OF our towns
wer. endangered by the numerous straggiers
iIon the army, and cam9-fvlloweIs hanging
about thcin.a;ld that desertloH from the army
Td5 encouraged {! tf:r want OF persons dI
those points ali.ruri-:d TO make arr-sts. the
Department employed Provost Marshals, and
vested them Win authority over all persons
IN the arny lonid w'.iin their respective
limits,
They hacs no authority rHatercr oc.r per-
s...r not "a tie army, ercepr sehe'c mcrtiu1 taw
is ~ ,.rcs IN Which localities their police
powers, are extended 70 citizens as We'll as
soldiers.
Whether ria1t;ai xii or not. the: ste rS.
prcs>iy prorihi.,n by q general o.der iiou
exer,i-ing civil jurisdiction, ami the Depart
i1ent las checked them in al csscs III which
sne exercise OF sucn jurisdiction has been
nade the subject oi complaint.
MANY OF the Provost AI&rshals Of posts