Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1863-11-05

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be made the subject Of military arrest, save it
auxiliary enforcement Of civil process. In th.
matter Of Stacey, reported in 10 Johnson's New
York Reports, the court held ''The prstendeC
charge Of treason (for upon the facts before Us
We must consider it as pretex9 without being
founded upen oath, and without any speciica
ton OF the matters of which it consists, end with
out any color Of authority IN any military trbuns
70 try citizen fer that crime, IS only sggrava.
ton Of the oppression Of the confinement
Again, A military commander is hero sssum
log criminal jurisdiction over private citizen
ia holding bim in the closest confinement aud
contemning the civil suihority Of the State"
Agsin, in disobeying the hsbess corpus, there
was usurped for The military what aisns be-
longs to the civil authority, and there was 70
fused obedience to the only wris which eould
give Jurisdiction to th- court necessary to in
quiTe into the ofsnse, thus showing that tee ar
rsst was as gTatuiteusly arbitrary as the pEete1t
was stupidity absurd, the sbsoluteness of the
physical power possessed being a. once the mo
tive and tho measure Of its exercise The At
toTney General Of the Confederate States
has ruled officially in the case Of q
military arrest Of citizen, that upon
the issuance of habeas Co pus by any court
State or Confederate, or when there has bean a
petition for such writ known to the officer
sTTesting, the body Of too citizen shall be deliv-
cred in court and no other return will satisfy the
law The 18th section Of Magns Cbsrts, which
is reproduced In our Confederate and Stste
Constitutions, and which is the basis end per
msstiBg spirit Of all free institutions, declares
" No f,esBsn shall be taken, or imprisoned, OF
dissaszed OF s freehold or liberties. or free Gus
toms, OF be oullswed or e1iled, or any othsr-
wise destroyed; and We will no3 pass upon him
nor condemn him but by lawful judgment Of his
peers, or by the Law Of the land We viii sell
to no man, We viii not deny or defer to any
man, either justice OF right" In that little par
agTaph is contained the sum Of all civil liberty,
the underlying principle Of cur own revola;iOu,
of all free government known to cur race. Gen.
Bragg, in violating it, violated the political moral
sense Of mankind, as also ths Constitution Of his
country. Tbs Coafsderats says that the eva
sion or disobediencs of the writ was without the
knowledge or sanction Of General Bragg or Mr..
AIcKinstry, and was the fault solely Of the su-
boIdinstss. This apology reminds one of Jons-
than Oidbucks opinion, in the case Of Green
horn & Grinderson, Of the value of a legal part
nership in its ability to furnish excuse to ore
partner by throwing Tie blame for professional
mistakes or rnisdee5s on the other Il is esI-
tsinly rare convenience IN the army, where
there aro so many grades Of snbordinstion.
Mine is not a solitary case. This experience of
my incarceration made NO acquainted with
many others who, without friends or
OF Pecanisry ability to fee
lawyers, were languishing IN confinement,
in ignorance of the charges upon which they
had been arrested. The fear is, that '' military
necessity is to become the law Of tho land, and
that the possession Of military authority in the
hsnds Of ignorant, passionate or tyranEical
men is 70 become the authority and warrant OF
its exercise. That such acts are without the
sanction Of President Davis, can veil believe.
While, as a citizen, have fels iree TO cEisieise
msny acts Of GdministIstion--Scts insepsrable
from the endless ramifcstiOns aid Eesp0nsibili-
ties of his peculiar field Of duty-yet We have
never iuapesched the purity and integrity Of his
political character. THIS we believe to be ss
pure IS the sun in The heaven, and that WASH
iugton himself was possessed Of no more
sound love Of human liberty, OF more sacred
desire to transmit it untarnishe1 and uaimpaired
to future generations.
JOHN Il. LIMBAUGH,
~ alias a." Ashantee."
Here follow the letters taken from the APPEAL
Of September l0h;
Eeilers frsHa Dalton.
Special Correspondence Of the Memphis Appeal
DALTON, Ga, September s, 1853.
The news by the no-ning train frcEa the front
is. that Chattanooga is being evacuated BY cur
army. and I must confess that everything here,
Fiuce Sunday, would seem to confirm it. Every
thing here and sbove is being sent to the rsar,
the transportation having besn controlled, even
to The exclusion Of passengers, siues Sunday
uie,ht. The impression is, that the army moved
last night, en- masse, down the Lafayette road,
some suppose for battle, others say ioE the i'm
enemy's rear I attempted 70 communicate
With headquarters lass night, through very IN
fellirent agent but he has not yet reJuTnedi
and i can communicate nothing, therefore, more
reliable than the sbove. Should he retuTn be-
fore closing this, with anything suthsntic, /
viii sdd it by way Of postscript. The news
from East Tennessee IS that Scott engaged the
Yankees at Athens on Sunday and rautsd them
with the capture of their trains and baggage,
A. hrF.
Bueiner IS Withdrawing his forces, il is reported,
from that part Of the line, The line to tbs east OF
Chattanooga, and is said 10 bs crossing the
railroad with his whole force st Gfsysviiie,
above Rinegold, going westward I give you
this as L receive il Ny own movements, atisr
to-day, will be controlled by events, and I may
not write tomorrow, OF may wIite iTom q difsr-
ens place. My object win be-, II possible, to get
in communication with the army, or, in the last
alternative, TO fall back TO some poiut IN csm-
nuuicstiOn With the srmy and Atlanta. No
doubs force viii be LEFT here fog projection, but
Kingston seems to have bsen practically selected
As the front
I have felt q may say par psrszthise) very
ssrsibly. since have been here, The kind .Gnd
eougss0us attentions Of Ar, BiTnbaUm, the route
agent CT the Express company, rendered to me
IS & friend Of the propEictofs Of the APPEAL
notice in the GOustsEtt9 n0ttst, OF the 9th, q
comnuaiestion, written, presume, By ono ol
thoss belonging TO chat portion Of the staff 81
the army whose chief functions, according 70
the expressed opinions Of the President, are go
| do the carving, and make themselves seresabla
to the general and whose intellectual or rather
cephalie. style is aauRbratsd 10 the plethora Of
/ his signature, Army of Tennessee" The Oh
iect Of the writer is to disprove the reasonable
ness of certain inferenees Of "Ashantee," eE-
pressed in bis letter about the first day Smelling
/ at Chattanooga. He says that the advance Of
the enemy was known ior more than twenty four
/ hours. ss the headquarters Of the chief Of staE
! before shs firing eoEnmsBesd, and the troops had
been duly notified 70 prepare for action, and
wers prepared. Il is a very remarkable fact
| if this bs true, that the women and children
! (soma OF whom 8ers killed aud wounded By
1 she shslhng) had no hint N thoss twenty-foui
hours Of the approaching danger, thst officers o