The Chattanooga Daily Rebel. [volume] (Chattanooga, Tenn.) 1862-1864, 1863-02-03
frhc l,u l.d,erIon aud Power Of sririary Courts
sn.eIal caIrc.pandence d the DalIy RebeI.
HuNrsrILLe. e.. Jan. Is, -


y IN former letter promised TO give yo'
4 MY vicwa az 10 the power Of Military Courts
: to try and 70 punish citizens. This is sub
iect Of no small interest at this time, when W.
are in the midst Of terrible war and when on
army IN the field. battling Tor the independence
OF our country, and for the maintenance OF oui
rights may be at the mercy Of enemies at home
wearing ie garb ami claiming the protection
of citizens Whilst admit that, as a general
rule. the military authorities should interfere
as little with the rights Of citizens as is con
sisient with the safety Of The country and the
preservation Of the rights and liberties OF lis
all, AID whilst further admit that as general
rule. citizens should be tried by civil courts,
\ for the commission of offences against the
+ Government, yet there are exceptional cases
which It seems to me must come under the
control Of the military authorities, and in which
citizens can Of right. and ought to be tried by
military courts Suppose a country is invaded
land there are citizens who are believed TO he
giving aid to the enemy by acting as spies,
giving them information, or furnishing them
with the neans Of assailing if not destroy
ing. our army and in that same country, on
account Of the conflict of arms, the civil courts
are suspended, would any one contend that in
such cases the military would not have the
right TO arrest such men, and upon sufficient
proof being made to punish them. Take for
instance West Tennessee. That country is now
occupied | y the enemy No Confederate court
can be held there; all means Of punishment for
offences against the army or Government Of the
Confederate States is taken away, unless the
mi itary courts have cognizancc Of such cases;
now would any one contend that if any citizen
of West Tennessee were giving active asss-
lance TO the enemy that he could not be pun
ished in any manner until the courts of the
country are again opened? This is good
deal the case in Middle Tennessee, and in por
tons Of Virginia. No Confederate court is
now held in Middle Tennessee, and in but very
few, il any, places in that portion of the State
are there Confederate Commissioners Now
would it be contended that if citizen Of
Middle Tennessee were found in correspon-
dence with the enemy giving them aid and
comfort that the military authorities would
have no right to have such man arrested, bui
that the slow process of the civil courts must
be awaited? No man can be brought before
commissioner unless some one will go and
give the information upon which the warrant
of that officer will be issued No one can be
held to answer for high treason, except upon
the finding of bill of indictment by a grand
| jury. This is the position taken by those who
deny the right Of The military to arrest and Try
citizens in any case whatever Suppose there
should be no commissioner, and no grand Jury
should he empanneled, because no court could
be held, must these persons be allowed to go
at large because they are citizens and not
soldiers?
Again If these persons were even brought
before civil tribunal, the proof would have
to be made public, and the witnesses against
the public enemy be made known This
might of itself interfere seriously with military
operations, if it did not endanger the very ex.
istenco OF the army. Again men will be
willing to give information to our Generals,
and testify before military conrts, who would
be unwilling to come forward before civil
tribunal where every thing is made public, be-
cause they would know that if the enemy
should again occupy the country, they would
be punished for having given information
against these spies and public enemies.
The success Of armies often depends on the,
secresy oftheir movements, and the detection
Of spios and public enemies depends upon the
facts showing their guilt not being publicly
proved An army must have the means of
protecting itself not only against the opposing
forces, but also against tho often more danger.
GUS Vaccinations of domestic foe The power
Of these military courts should he limited and
should not depend upon the arbitrary will Of
those composing them, but certainly all armies
should have the power Of self protection
which they would not have If they were not
allowed in some instances the right to arrest
and punish even citizens, who were engaged
in giving aid to the enemy 1t seems TO me
that whenevora well grounded suspicion exists
that persons have been or are now aiding The
enemy and there is sufficient proof 20 create
reasonable belief that they arc guilty, that The
military authorities should have the right to
arrest them and send them beyond our lines
as public enemies. This at least 10 due to The
safety Of The army, and if they do not have
that power Congress ought to confer il on
them and that without delay.