Washington telegraph., 1864-08-31

dress of Gov. Nurrah. of Texas issued after
full and free consultation with Gen Smith, in
which Gov. Murrah was fully convinced of the
justice and necessity Of Gen. Smiths cotton or
derS, that we would hear no more upon thJsub
Ject, but that all citizens, everywhere, would
eheertully acquiesce; and regardless of private
interests, be united in the disposition 10 uphold
and support the efforts of the commander OF the
| department TO sustain the Confederaey in this
her hour of peril
This acquiescence has been, indeed. almost
general throughout those portions Of the coun-
| try remote from the Mississippi River and the
Rio Grande where the cotton trade has been
carried on. 1t was perhaps to be expected that
these orders, which conflict with many pri-
vate trade interests, should meet in those quar-
tiers with opposition difficult to alay, and pro-
duce discomfort not easily satisfied At the
same time it is quite natural that many honest
and patriotic men, in contact with those COM
| munitcs, and Identified with them in interest.
should adopt their Views, and consider it their
duty to our constitution and laws, to insist upon
| the repeal or alteration of these orders Their
views are therefore entitled 10 the most respect
inl consideration-most especially when, as in
the case of the Austin Gazette" they counsel
only an appeal to the Confederate courts, which
is always, and under almost any conceivable
circumstances, legitimate and proper.
Hence, 1t IS not in any litigious spirit hut in
order that the matter may be we'll understood
by The people at large, and that those who ac-
qliescc i'll these orders may he enabled to give
sound reasons therefor, we revert 10 the subject
again.
Several Journals Of this department have pub
lishcd an order OF President Davis, issued March
llth. lc6i, regulating the overland commun-
cation with Mexico. for the purpose of showing
that the order of Gen. Smith, issued June 4th.
is contrary TO law and 10 the superior order of
the President, and should therefore be held
void, and Gen. Smith himself held smenable for
unwaranted assumption OF authority Let us
see if that be the case
On the 9th Of February Congress by law pro
mbited the expectation OF cotton, &c, "except
under such uniform regulations as shall be made
by the President of the Confederate States 1t is
to be observed first that the entire right TO xnort
cotton at all was thus taken by Congress from
every citizen and if allowed to DO So. 1t must be
under regulations made by the President. and
by strict compliance herewith
The regulations issued bv the President upon
this subject, provided in substance, That the
owner OF transportation to be used in exporting
cotton, &c, from the Confederacy TO Mexico.
should present TO the Commander of The. De-
partlnent, or some officer to be DESIGNATED bv
/ him. a list of said
employed, whcrcupon the commander or other
othcer' - y satisfied Of tie loyaly and fdelits OF
the applicant, and that the application mieh, be
safety granted, should endorse thereon his con-
sent and approval, and grant license to the
applicant as public carrier for any length of
time l'ss than one year The same regulation.
undtT the same restriction, is made with rrrard
to the owners OF cotton, &c, sent ont OF the.
country by such carriers, with the additional
provision that such owner. before loading the
merchandise. should file with the collector of
the district his application endorsed as aforesaid.
and should execute and deliver to him bond
! IN double the value of the cotton &c. in Con-
fed9rate money, conditioned that at least one
half the nett proceeds Of said merchandise at
the place OF destination, should be invested in
goods and merchandise" and brought into
| the Contederacy in sixty DAYS. Licensed carri
ers were also required to deliver to the collector
Il manifest of goods and owners, and the mill
tary commanders were enjoincd to establish
points for the asscmblage and departure Of the
trains. and detail officers to prevent any viola
tion OF the regulations. Provisions were made
for the disposition of property seized for viola
= ton Of The orders; and it was further provided
{ under the 9TH clause, that no military autho-
rtv shall presume, under any circumstances. 10
seize property while being carried under the pro-
I riSionS Of iar and Of these regulations. for anv
other cahse than a violation of said provisions. IS
= nor dispose of property so seized in any other
manner than prescribed.
: These are in substance the provisions OF
President Davis Regulations issued March
! llth, which were intended to BE- geneIal. for as
/ many departments might be contiguous to
= Mexico. As yet, however, we have only one
The most marked feature of the regulations
is that the whole matter in regard to the expor-
tation OF cotton, &C. is left entirely, and in the
broadcast terms. to the discretion of the Com.
mander Of thu Department, in the exercise OF
y which he IS enjoined to consider not only the
character OF the applicant, but the general
safety of the country. No ono is vested with
the right 10 export lock of cotton without
his assent. That is the first and indispensable
thing-the sine qua non" He is clothed with
the power of allowing or prohibiting the c1por-
tation, and obligated al the same time to look
well to the safety of the country, as it might
be affected by the privilege.
The same session Of Congress which passed
the act thought tit TO clothe the Commander Of
this Department with peculiar provisional pow
efS analogous with those vested in the Secre-
tary of War and established here also perma-
nent head Of the Post-offcc, and Treasury De
partmentS This was Indispensable in our situa-
Il ton after the loss of free communications By
:: it the powers and discretion of the commander
became very much enlarged for all emergencies
At least until his orders might be corrected by
superior authority, they were to be considered
legal and valid. This was by vote and wishes
of our own representatives.. Under this act,
l.,1 IT.