Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1863-10-07

tie eve ct active operations before chattanooga I
and being unwilling TO do anything 10 eHbsT
rasa hem, We forbors a. the time to notice the
hsct Hsving been released, oa yesterday, by
the mandate Of Iulgs BULL, Of The Superior
court Tor this circuit jultcs 10 him, no less thzn
The county. demands IRON Us 4 notice Of the
facts, snd msks further rstcenea. on our part,
3 ma Ter Of supsrerogat'u. Having been
compelled. BY a domestic obligation, 10 20 10
Aiahana when chattanooga vas first slslled, CO
the 2ist of August he Gand, upon his return,
q geDeTsl order excluding nouconba.aBss from
the lines Of The army 30 the north Of Dalton,
sud feeling unwilling to be made an exception
70 the order, be remsined s. Dalton until it was
being evacuate1, and then vent % Rome, a
point still without tbe lines. From those two
points ell bis letters, with the exception Of one
from Kingston, were addressed Ga Wednesday
the Is hof September he vas arrested By the
comnandalt Of the post St Rome, upon an IN
aEntd t-ieETapaic disps-ch AMI bell until th
evening when tts'c7mmsHdaut received a full or
der for h, arrest aud Transmission, under guard,
to & gs-ou A. Kug-tan, be Ess rrcsfv. 4 b,
ths provost ma sla. aud placed in the custody
Of g reItfof three armed guards, uadl the mex
days trsin 20 Atlantis, when he was sent under
euald 20 IRE e7muaa1lut Of the pos. at thi.
place. vhoc1T fn-i him in she c-mm7n bsrrack
prison h vas informed g. K- gst1n, b7
Captain BALTzgLL, that the arrest We.
ms5e BY the provost marshal general
MCKEsTRE under orders hou Genera
BRAGG On Saturday he asked for a writ o.
hahsas corpus, % the ja7ge Of The superior court
which vas o5-sins1 on Monday. ard served
upoH me cauns75snt Of the prison On lb-
morning Of Tuesday The mater was referred
By TIE eammsndsnt Of the prison 70 the CON
mrndart Of The post, who declined to take snv
notice Of The writ and ia TIE evening Mr.. LINE
RsUGH vas tsssn from tia prison, By tw,
armed rusris. u-ier An order from the proves
marshal Of AHsn's. AID placed bv them. IN
ca1juucs1n With two =u50riiusses from the mn
vast marshars 5Hcs, in a box car. crassz
guardsd, and sent 10 the provost msrsHsl
Dalton, and from thence 10 the provost marsha
at Rrggold Though Gen. BRAGG was imuedi.
s.eiy sivised Of bis pressnes St Rnggeld br
BE provost Marshal, be took no notice d
the fact bat permitted him to remain in
custody for ten dsys at Rrg-od. or
until attachments wers ordered against
Ieeusans parties here, Or the parties VII,
had reused 10 yield obs5iencs 10 the ha5sas
soFps when be was ordered o be dsrivsr.f 10 4
ts civil authorities. When be was delivered f.
The eout no ebs-Ea- were preferred. anil he ha. 1
nsv. .a-uei, officially from any source h.
nature { ths eh-fs' or charges, OF grounds. or
FTeteE's u7gu which be was arrested t.
esse hss ,h-zs pss1.fsr features: Mr. LIyF
BAUGH e q erz q, sud bad no connection wra
IT, amy apd WAS not IN the lines o-sbs army
and IVES ths-si r not lhs subj act Of military q
rest H8 Re been vi-bin the lines Of t4.
asmy AID been guilty Of VIC a.5ug fs pecssss-
pohce, be would have 5~eensuhiecs to the law O.
the amy, ard, therefore, liable TO arrest. or ez-
clnsiOn from the lines; bu., being beyond tl,
Zines an IN o6 a,le -nnaufes lou with no orr
Wibrn iaen, BIS military arrest cannot be con
si5frsd in any 0.hsr light .hsn an outrage upor
IL in ieuabls sights Of the citizen. AGAIN. #
a. bas been officially b-ai-ed about. be vsg Ar
resaed by the military for treason, a high civ
of-uss' The arrasl rss without authority. an
tie tbsa1dity o. the charge Itself, Is Of the ,r
resi- is proved BY their refusal TO Weld ebs7,
ence "a a evil m1n7s.a, iss7s4 IN b,z
q civil accusation 5isp1s-d Of fa7fcfs1v the IN
y way 10 winch d could be disposed Of r.,
e7raanes with The assumptions prompting tbs
srrasl As the es,s a. present stands Gen
BRAGG or whoever elsa ordered the srr,-. bs.
besn guilty q & high o1li icsl aud civil fms
Tor violation Of the Constitution, snd rbe cfvf
rgh's Of actz o tho parties who refused Ole
denee TO the habsas corps are liable 10 impri-
ounosnt for contempt Of an accredited ia tieia
aufh 'rityi and the persons who were engaged IN
abiueuug the pd-onsr, after service Of tds VIZ
sre liable, according 81 tbs laws Of Georgia. g.
The Penslds Of kilaapsinz.
Al u-ua'ists We are manly interested in { E
pubic aspects Of ths case Of aIr. LIxEBAUGH
and earRo' bat feel g ls' ssrss Of in5fgnauo.
as cit Sans living in s .sa1 Of "a = and liberty. o, 4
~ ou.rsga ilvovei in this whole proc,dlr
the plsinest and mos. Fundamental of DOT
nights sud We eay.n1s but COZ g~ratuIats IT,
upon tla nsi1 .-1al ss Of he paramoun
authority Of aE and G,o-gia up2l IFS possess
Of q iaizs wh1 has. like Lord CoKE, 3 /
nanly ~iutol=rs &c of the sucroact msats Of AZ
B srsry power, and The manly firm
q s. to sxs,t The Judicial szjs ia proi
Of the great nights Of TIE ciiEer
~ also 10 tspT5vs tie speeious sopbisn
Of ancient military tyranny that ialsr arm
sasHt lsgss We may have oar opinion Of Ger
BRsGG bat that 'piuion we have never obtru-
ded uPon tie public, save when We thought
Pc highest Ia erests Of The cause temaudes
10 eTpFessrons and We sbsa maintain
BIS autb1rty, IS tie authority Of The
army geaeTa'iy, unless Nc thank It used for n,
subv rsien OF those principle which are tb,
aivii and political ~srulss=s Of the present cor
with ne Y.lk-ss. We IRE apxfaus, sbov,
al thiHgs, 10 -vsu suit g ssion, and have gfvci
ouF who Hdasnes, without stint and witbcu
reserve, from the bsginHiug Of this war, TO tbs
obiact but Ee ere equally nKio0s 20 come Gu
Of thus revolution with our national robes o.
eonshiuti5usl liberty unspoited by the terrible
srdeal through which they have passed Per.
sonal liberty, liberty Of opinion sad liberty O
Ne press We desire 90 see unimpaired. for witt
oei ihem cur success over tie fee on cur
99fae's' vii os worse man q barren success
As 20 tbe gratuisous Tea elton. inDIia5 ia The &
pfeis1t io' hs arrest upon car correspondent
parrot g is to1 absurd fr ,nr5srs,o.L f,
those who know his standard Of integrity psT
ssaal and political o. secession. Re IVES an. al
earliest and most intelligent advocate and
has proved lis fzilh in giving q SOB 70 the COM
uy, whose fane is preserved in The capitol rr.
Asbans, in g trophy captured nom .he enemy
andsr circumstance implying the greatest beio
isms a. also m exposing he own life i
9ns Of the most zIdl5us campaigns Of the
sar In the lelssu, nJ. more Temzrkable for
aetr gtses Of style than profound thought
ahich nsge appeared ia car coiBnHs and wb;es