Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1864-03-24
mRLETARY Law sUraEmE.

The following clauses from the general order
of Adjatsnt-GsnaIal COOPER, prescribss the
mode in which military commissioners are to
be established in each military division of the
Confederate States, east sf the Mississippi river,
to examine tho cases of citizens arrested by
military order under the act Of Congress sus-
pending the writ of hsbess corpus. I: will be
seen that if probable cause for detention does
not appear, the military commissioners cannot
release the prisoner:
II There will be appointed by this depart
msDt toT eEch military division Of the Confed-
erscy east Of tho Mississippi river, one or more
compstCnt peT5a15 as commissioners, to invcsii-
gate lhe cases of poTsoDs who may be aTTezted
or detained by any military suthoTi!y foT any
cause specified il the above reported act. In
fornssiOn of all such arrests will be given to
him by the department commander as sOon as
practicable sitter they GIe made and he will pro-
ceed 90 investigate the same. D SpOH s1amiaa-
tign, q reasonable and probable Cause for dttsn-
fiOa dots NOT APPEAR, BE WILL GER
TiFY TIE FACT 10 tbs GENERAL OR
OTHER OFFICER IN COMMAND, who will
Immediately discharge the prisoner from arrest
Bat If reasonable and probable cause does
appear, the commissioner will f5IthWilh trans
taken in the care, with his opinion Elele0n, for
instructions, and meanwhile toe prisoner shall
remslu "a custody.
Ill l. al cases ia which person who has
been enlisted 10 the army under any Of the ac.B
of Congress 70 provide for ih9 public defense,
UT 20 ralss troops TO servo during The war, or 60
provide fer local defense and special service, OF
who has been enlisted or enrolled foT service
under ths act Of Congress further 10 provide foT
Eba 80 .4n4roaa has E.-s, al.
military service by the act Of Congress to or
ganiZs forces TO serve during tho war, approved
l7sb February, 1868, shall be held IN custcdy
for deseTuOn, OF eYc0ursging deseTtiou5, Of kar-
boring dsasTEers, for attempts to avoid military
service, or Of holding correspondence or inter
| course with the enemy without necessity and
without tie permission of tho Confederate
| States, or Of combining TO RssIst the enemy, or
/ Cf communicating intelligence TO tho enemy, or
of giving him aid and comfort, or for any other
/ cRube specified in The act aforesaid; and in all
cases IN which any pergon nos belonging 70 this
| military service shall be held IN custody by any
military aulhoTiiy for any Of the causes men
toned IL the act, shall spply 70 any court or
cffi ssr ia tho Confederate States for q writ of
h&heas corpus, it will be the duty OF the officer
having the command OF custody Of such psrson
forthwith 10 report the case with all the relevant
facts, 70 The WsT Department for instructions as
to :ho proper answer to be made to such wit
and in tho meantime TO retain the custody and
control Of sucb person under this order, copy
Of which Will be communicated 20 the officer, q
court issuing tho wit as affoIding the reason
Why time should DO given to make complete
return.
". In al cases when tho requisite delay can
not be obtained il viii be the duty OF the Oficei
having command and custody OF persons embrL
ced in tho preceding section, CT who may bav,
in custody as prisoners auY person charged IN
der any Of the sections Of the above recited &C
Of Congress TO make special return In wri;iI s
snd under cath that the body OF such person 81
detained by him is detained by the authority of h
Secretary Of WGT, and that he declines, unde
All By virturs CT bis authority and the act c
Congress aforesaid, to produce the body OF sue
person OF to mako further appearance or resuT
10 the said writ
V. The commanding General Of tho Trans
Mississippi department. will perform the iun'
tioua deY ing upon the War Department. III
Ger theEs orders, in thst portion Of The Coufede
Scy. By order,
s. COOPER,
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