Washington telegraph., 1862-01-15

that his constitutional and legal right to
issue the order he did, prohibiting the
shipment of provisions and munitions of
war from the region confded to his COM
nand, Is unqaestlouable $50
Moreover, the State having deleoated
the war making power to the Confederate
government, in giving that power up her
seii, 1t follows, Of course, that, with the
surrender of the war-makiag power, all of
its necessary incidents were also surren-
dered. Therefore, we are arrive at the
conclusion which we think all must arrive
at who lnteihgently investigate this aues-
zion, that the Commanders of Confederate
armies not only havs4the su hority to issue
sHch order as the one issued Dy Col. Bor-
land, but that they or the Confederate
Congress alone are authorized to issue
them-the State having surrendered the
right, SO embraced, to the Confederacy, as
necessary incidents of the war-makiDg
power
For the reasons stated we think the Oh
Jecuons made to Col. Borland's order by
the Telegraph are not we'll founded The
State has delegated to the Confedersey all
OF her right to use the power which can
only be Observation-Disclosures for that
reason, rightfull ly-made efficient for her
protection, in the manner iu which that
thing has been done by the authority of
the order in question. The Legislature
aud the Governor, or both coujoined, can
not, for the reasons already given, exercise
the power declared in the order in ques-
Tor 4 4 Il
tance, as on it depends the we'll being both
OF our soldiers and citizens in that region
So much as to the question of authority
on the part of Col Boriand to issue an
order prohibiting the expectation of pro
visions aud munitions of war from the
district entrusted to his military defence.
The facts of the case, as we understand
them, are-that the command embraces
that portion of the State North of White
aud drained by Black and White rivers
The valleys of both these rivers prod uce
nearly suficlency of substantial provi-
sions to support the people who inhabit
them, aud feed the army during the in-
eeS9n.lng eS1g year. But the navigation Of the
- :, 4t'fIraise easy means of transportation,
aud tue hiSh prIce-.'-fa aDroyisIous else.
where offer a strong temptation g. x-,-,-
iators to come aud purchase the whole
supply Of provisions on hand or so much
ot IL to leave the country aud the army
destitute within IA very short tiua. Ii
some prompt and efficient means were not
resJrted To for the purpose of keeping
provisions an the country, the people and
the army must soon be brought to the
verge Us starvation, the military command
on our north eastern frontier would have
TO be Withdrawn, aud the country be per-
mltted to fall an easy prey to our eneliies.
The only means of saving the amy and
the country were adopted by Col Bjrand
Ill issuing and enforcing his order again-t
the shipment of provisions III, III that re-
glon of the State
1t Is mistake 10 those who oppose Col.
Borland' s order to say that it was issued
without the sanction of constitutional or
legal authority. We think we have shown
that 1t has both. 1t has beet. the Just
pride aud boast of the Confederate Cows
erumeut, that the military has in no case,
suspended or superseded tae civi, autho-
rity; and this order, like all other things
done by our Military commanders, does
not set itself above the civil authorities of
the land. If any one be asgricved by
being arrested for violating its provson
he can petition Judge Cain for a H,6eas
Corpus, aud have a hearing The judge,
As we understand, admits the power Ut the
Confederate government, as we have shown
it, aud the only question for him to decide
will be whether or not the exigencies of
the country and the army require the pre-
cautleuary action which will necessarily
follow the execution of Col Borlan or
der From what we learn the law of the
case may be considered as settled-th (
only question to adjudicaIe would be one
VI facts.
We have endeavored to make fair re !
ply TO the article of the Telegraph. In I
lur next we may pay some attention to |
he Governors extraordinary Proclarna- :
lion, counters anding Col. Borland's or I
ier.--Liute Rock Gazette