The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1866-04-20
The Question Settled-Martiai La"
The Writ Of Habeas Corpus

We have at last learned from otneiai so",>.S
..,.,.,, =, ,,.,,nn the President considers
that his proclama ton has placed tue so"'h
-, .n,uph we are we'll aware that ne
S. ,,.,,.a,f decide upon the legal effects OF
he acts vet, practically, the result is the
- ne Of tho South as il he could-seeing
tho, he has the military under his control ana
that they will obey his orders. 1t will be re-
.,,.mhered that a week or two ago Judge
Jrxnxpwoop decided in n h0beds corpus case
that the Presidents proclamation did not
revoke the order suspendng the writ in the
S,ates In instruction because, AS he argued
tho exception of Texas in that proclamation
was evidence that the President regarded the
rehellion as still in existence. The case was
brourht 10 the attention of Attorney General
SPEED, who came to different conclusion
His opinion is announced in the New YORK
Times semi Officially, and the following re-
marks are added
1T is scarcely necessary TO and 'na'
wherever the rebellion is declared 10 nave
ceased there the writ of hGbedS corpus Is no
longer suspendcd and wherever the civil law
has resumed its authority, the military power
will not be exercised except 10 aid the ciNii
authorities in executing their DEGREES, ana lot
the latter purpose only is the military arm
retained in the States lately III rebellion.
This would seem TO be clear enough, espe-
cially when accompanied with the statement
that the President ordered the release OF the
person whom Judge USDERwoo p had remanded
To the custody OF the military. We may
regard il rs settled, then. that the privilege OF
the writ of ha5eos corpus has been restored TO
the people of all the southern States except
Texas.
But how about martial law? The follow
ing official order was reproduced III this paper
three days ago:
1.-THE Secretary of War, with the approval
of the President, directs me To inform You
that the Presidents proclamation does not
remove martial law or operate III any way
upon the Freedmens Bureau in the exercise OF
its legitimate jurisdiction. 1t is not eNpedlent,
however, 10 resort 10 military TRIBUNALS III
any case where justice can be attained through
"E. ID. TOWNSEND,
"Assstant Adjutant- General
How are these two official outgivings to be
reconciled Has the Secretary OF war mis-
represented the President? We suppose not
He would hardly venture to do that III an
official order. however he may speak OF nm
privately We are inclined 10 the belief that
the Times has gone too far i'll its remarks, and
thai the President holds that although the
privilege of the writ of hdbeuS coTpus has been
restored vet martial law is still in force. We
own that the writ and martial law are totally
incompatible with each other; for rs Magma
tGartu became 4 dead letter in England soon
after King JOHN signed it, and so remained
until the hoIeqs corpus act was passed in the
reign of CHARLES H., because although every
man had under that charter the right to 4
speedy trial by 4 jury of his peers, yet there
was no means of opening the prison doors, so
So har of f1ln
writ is a mockery if the military are TO guard
the prisons and 10 deliver up only such persons
as they choose TO have tried or discharged.