, 1863-02-27

kind has it the right to entertain. The ncgo-
tiation would necessarily break down, and at
the end Of six months fighting would begin
again, If the Yankees still had stonnach for It.
3qTnFmy' on NJ we believe would rather make one
We all know, indeed. md are happy to know,
that kouc Of the Northwestern States are
very sick Of this war, heartily disaf1ecteI to
the Washington Government, strongly dis
posed to sneak out Of the debt they hare in
CURED, and to ask alliance, or even union,
Mlth The confsaeracy If ngreeanie," This
tluce its fruits Of disorganization and discour-
agcmcnt in the Northwestern troops. But let
us not mistake the matter. Not one Of those
States has jet pronounced itself in this sense,
though some stump orators have. When
they do take such action-tllat is, when their
Legislatures and Governors accredit Commits.
sions to Richmond tor any such purpose, no
donbt, they will bc received and answered ac-
eording to the nature Of their proposal.
We presume they will be told that the
first thing they have to do is to call back
their forces to their own country, that then
Nc will be willing to make treaties with them,
but that as to an union with the Confederacy,
under the .'old 1lag,',, Of any other, they come
two years too late. Two years, and an abyss
Of horror and hatred, and the blood Of our
slaughtered brothers crying aloud from the
ground, all prohibit that impious union; il
they repudiate the debt they have contracted,
and aboudon the Government they hare estab-
1isted, and recant the VOWS, and break
pledges, and eat dirt, 1t is we'll; VIC shall be
charmed; the movement Will suit US perfect
"; and, although we shall not exactly respect
the actors in that affair, yet we shall not he
unwilling to trade with thcn,-holdfng our
noses 11ttle-and TO show them all suitable
Ciyilltlc6-but at u proper distance.
Before those authorized commissioners arc
dtEn1tFIfH- nf
recommending to Ill our Generals and militia
ry authorities that If any distinguished citi-
gems come prowling about OUT lines, purport-
ing to be Northwestern commissioners, they
arrest those persons aud send them on to Gen.
Winder. Let them look sharp after reliable
gentlemen, and overhaul intelligent ladies.
Otherwise, where is the use Of Castle Thun-
der:
The moral Of all this, the lesson we have 10
learn from all the rumor5 both Of French me-
diation and Northwestern revolution, is, that
now, now more than ever, our army should
be kept full, and strong, and ready. Believe
it, soldiers, you are our only friends. It is on
your style Of diplomacy that We rely. That
was statcsnanlke stroke Of policy you made
at Fredericksburg; you wrote All able State
paper at Mnrfreesboro, and NC defy the world
TO produce nobler official memorandum
than you edited on the hills Of Vicksbnrg.
If Europe makes ovcrtures Of friendship
II the great Northwest comes crawling at our
teet-lt is because you stand there, Confcd-
crate soldiers, under your glorious battle-nag,
and defy all the ends Of The earth to haul It
down.
CIVIL VS. MILITARY AUTHORITY,
From the Richmond Wing, Feb 2o.1
The hateas corpus case, in which Theodore
Whitman was the petitioner, recently argued
in the Hastings Court, by Robert Ould, Esq
fnr the court martial, ard Judge Crump for
Whitman, was decided on Monday By Judge
Lyons, in favor Of the petitioner. The Court
held that the power to declare martini Law
under the constitution and laws Of the Com
fedcracy did not belong to the President, and
power upon him; Tint the authority to sus-
pend the writ Of Adbta* corpus did not carry
with it the right to declare martial law; that
martial law was MI arbitrary and dictatnrial
power, which might be exercised by a Com
mander-in. Chief over his camp or elsewhere
ut his peril, and that neither the Consti-
tuition or the laws sanctioned or Justified
such stretch Of power; that the
Congress might indemnify the Comman.
der-in- Chief for powers tins unlawfully
assumed, but the courts could neither recog.
nizc or sanction it; that our Government was
one Of Constitution and E,ws as well in time
Of war Us in time of peace; that the Consti-
President and the Congress, and that no pow
ers belonged to either which was not express.
y conferred by that instrument. That courts
martial hive exclusive and restricted jurisdtc-
tion over soldiers and others belonging to the
army; that their functions we're circumscrIbcd
we're In the military service; and that, there
tore, they had no right to try citizen not
connected with The army, who was under the
Constitution entitled to trial by jury for every
offence against the laws, and, therefore, tic
custody In which the prisoner was held was