Washington telegraph., 1865-09-27

Tar LIMITS IVY CIyL GoyEaXaENr
~ THE LATELY INsUEGENT STATES
In recent speech in tie Mississippi
Convention, Mr. lcrger. in order 70 show
how completely civil government was
subject to inilitry power. cited the case
"a a man iR Washington county, who
wai arrested and brought TO Vieksburg
for trial, before military court for kill
ing negro. Application was made 70
a Judge to issue writ Of habeas corpus
for an investigation Of the grounds of
his arrest. The writ was issued. when
tho writ was not only disregarded, but
the Judge issuing it was arrested and
imprisoned. The case was then refer
red 10 Washington for instructions, when
IN order applicable TO such eases was ia-
sued. which Mr.. Ycrger read.
From The text of This order it is clearly
applicable, not only to Mississippi, but
to all the States (including Louisiana J
which were recognized is insurgent, and
il which the rebellion Il not yet officially
amounted as a thing Of the past We
give ittextually: it
Headguarters, DEPT n Mississippi,
Vieksburg, Miss, Aug. 15, 1865,
General Orders, No Is.
The following endorsement Oh com
mnnication, regarding jurisdiction Of
Military Courts in certain eases, which
was addressed to the assistant Judge
Advocate General, and by him referred
TO the Judge Advocate General
Of the army, and which is approved by
the Secretary of War. in published for
the information of all concerned:
War Department,
B®@ Of Military .Iagticc,
Jaly 25th, 1865.
Respectfully returned TO Col w. IL
Dunn, Assistant Judge Advocate Gen
cral.
Tie trials by Military Commission Of
the within named citizens Of Mississippi,
Cooper, Downing and Saunders } charg-
cd with capital and other gross assaults
upon colored soldiers Of our army land
in Ont instance Of similar treatment Of a
colored female,) should be at once pro
ceeded with; and in all like cases in that
locality should BE- promptly and vigor-
ously prosecuted. That the President
has accorded 4 provisional government
to The State of Mississippi is factl
which should not be allowed to abridgd
or injuriously affect the Jurisdiction here
tofore properly assumed by military
courts in that region during the war.
And especially is the continued exer-
else of that jurisdiction called for, in
eases. 1st, Of wrong or injury done by
citizens TO soldiers, (whether white or
black, and %, Of assault and abuse Of
colored citizens generally; where. in
deed the local tribunals are either unwill-
ing (by reason Of inherent preiudices; OF
incapable, By reason of the defective
machinery, or because Of some State law
declaring colored persons incompetent ~
witnesses,) to do full justice, Of to prop
erly punish the offenders
The State Of Mississippi, in common
with other insurgent States, il still ill
the occupation Of our forces, and, eIn-
braccd as it j. in Il military department,
is still to a Very considerable extent un-
der the control of military authorities.
Moreover, the rebellion, although physi-
cally crushdd, has mt been officially an
nounced,- or treated either directly or
indirectly ~ thing Of the past; Tie sus-
pension Of the ha5eas corpas has not
been ter1ninated,nor has military law ceas-
ed 70 be enforced,in proper cases, through
he agency Of military courts and mill
tary commanders ii Al parts oF the
country
s. s. HosNEE.