Washington telegraph., 1864-06-01
WASHINGTON, ARKANSAS WEDNESDAY. JUNE [. 1864

TIE HAB.As CoBRPUs AcT.-The sus-
I peusion OF the writ Of Habeas Corpus, has
been unfavorasly received 10 some quar-
ter, east Of the river BY eminent public
men. The decisions Of tile courts and
the orders under it, entirely, we think,
reconcile it with civil liberty, a. least Is
> temporary measure.
/ We have read the decision Of tie Con-
/ federate Court for the Eastern District OF
Texas upon this law. The principles de-
cided amounted to this: That to prevent
the writ the pa rty must be held in custody
for some Of the causes specified in the
/ bill, or by special order from the General
commanding this Department Hence, it
follows that any person refused eIemp-
ton from military service, having proper
cause, nay still have the benefit Of the
writ.
The following orders are useful, taken
from the Atlantis papers Of oath March:
Adjt & Insp'r Gems Office, Richmond
4 iGENKRALGRDEg No. Tomitted.
I. Recites the Act suspending the
Habeas Corpus.
III. There will be appointed by thi,
Department, for each military division
Of The Con.ederncy cast of the Mississippi
river, one or more competent persons Z.
com mnissioners TO investigate the cases
Of persons who may BE- arrested or detain-
ed by any military authority for any cause
specified in the above reported act. Iu-
formation of all such arrests will bs giTea
TO him by the department commander a.
soon as practicable after they are made,
and lie will proceed to Investigate the
same lf, upon examination, respor-
ssJ'e and probable cause for detenfior aoes
NOT APPEAR, HE WILL CERTIFY
THE FACT To THE GENERAL OR
OTHER OFFICER IN COMMAND,
who will Immediately discharge the pris-
oner from arrest. But If . rea.ona bic and
probable cause does sppear, the commis-
sioner will forthwith transmit 10 this De-
par,ment copy of the evidence in the
case, with hi. opinion thereon. for insrruc-
tious, and meanwhile the prisoner shall
in custody.
Ill. Ia all cases 10 which person has
been enlisted in the army under any of
the acts Of Congress 70 provide for the
public defence, or TO raise troops to serve
during the war, or to provide for loc4l
defence and special service, under the
act Of Congress, further - provide for the
public defence, or has been pl.cei in the
military service by the act Of Congress 10
organize forces to serve during the war,
approved 18th February, 1864, shall be
held ID custody for tesertion, or encourag
ing desertioDs, or harboriDg deserters.
for attempts 10 avoid military service, or
Of holding correspondence or interccuse
with the enemy without necessity and
without the permission OF the Confederate
States, or Of combating 10 assist the ene-
my, or Of communicating intelligence
TO the c1emy, or Of giving aid and COM
fort, or for any other cause specified in
the act aforesaid; and IN all cases in which
any person not belonging to the military
service shall be held in custodyN by sny
military authority, fur any cause mem
toned 10 the act, shall apply TO any court
or officer IN the Confederate State, for a
wfit Of habeas corpus, II viii be the duty
of the officer having the conmAnd or Gus
tody Of such person, forthwith 70 report
the case with all the relev ent fscts TO tie
War Department for Instructions IS to
the proper answer TO be made 10 such
writ, aud in TIE meautime 10 retain the
custody and control of such person under
the order. . copy Of which will be COM
muuicsied TO the officer or cout issuing
the writ as affording the reason Why time
should be given to make a complete re-
turn.
II. 10 all cases when the requisite de- |
lay cannot be obtained, il will be the duty
of the officer having command aud custo- /.
d. as prisoners any person charged under |
any Of the sections Of the above recited
sci OF Congress, to make q special retnrn
in wiring aud under oath that the body Of
such person is 50 detained By the authority
Of the Secretary Of War, aud that he de-
cliIes, under and by virtue Of his author
ity aud the act of Congress aforesaid, to
produce the BODY of such per-ou, or TO
---N IurtHcr appearance or return TO said
writ.
v. The commanding General of the
Trans Mississippi viii perform the func-
tions devolvinguPoG the War Department,
under these orders, in that portion of the
Confedcracy.
BY order of 8. COOPER.
AdJtand Inspector General. /