The National tribune., 1885-01-15

| federate Congress-haS never before, to my
knowledge, been published. The original was
captured and is held by friend, who claims it
as trophy.
l am, with great respect, your ohedient serv-
| ant, w. L. SHERMAN,
General.
Message Of President DauS to the Confederate Congress
| recommending The suspension OF the privileges Of
the arTit Of hd6e0S corpus.
| Secret.
To the Senate and House of Representatives of the
Confederate States of America:
The present state of the Confcderacy, in my
| judgment, requires that / should invite your at
tention to a condition of things existing III the
country which has already been productive Of
serious evil, and which threaten still graver con-
sequences, unless adequate remedy shall be
speedily applied TO the legislation of Congress. 1t
has been cherished hope, and hitherto justified
by the generous self-Cieyoon of our citizens that
when the great struggle in which we are engaged
was passed, we might exhibit to the world the
proud spectacle OF people unanimous in the as
sertion and defense of their rights and achieving
their liberty and independence, after the bloodeSt
of modern times, without the necessity of a
single sacrifice OF civil rights TO military necessity.
But it can no longer be doubted that the zeal
with which the people sprang to arms ut the be-
ginning of the contest has in some parts OF the
Confederacy been impaired by the long eontinu-
ance and magnitude of the struggle.
While brigade after brigade of our brave soldiers
who have endured the trials of the camp and bat
tlenelQ teStlIylng their spirit patrlOtlSin
a voluntary re-enlistment for the war; diseontent
disaifection and disoyalty manifested among
those who through the sacrifice of others, have
enjoyed quiet and safety at home. Public meetings
have been held i'll some of which reasonable de-
sign is masked by q pretence of devotion to State
sovereignty, and in othersi openly avowed. Con-
ventions advocated, with the pretended object
of rcdressing grievances which, if they existed,
could as well be remedied by ordinary legislative
action but with the real design of accomplishing
treason under the form of law. TO this end a
strong suspicion is entertained that secret leagues
and associations are being formed In certain To-
caities men Of no mean position do not hesitate to
avow their disoyalty and hostility to our cause,
and their advocacy of peace on the terms OF sub
mission and the abolition of slavery. Ia districts
overcome by the enemy or liable to their encroacil
ments citizens of welllSnown disloyalty are hold
ing frequent communication with them and fur
nishing valuable information to our injury, even
to the Illustration of important military
And yet must they, through too strict regard TO the
techncaities of the law, be permitted to at large
till they have perfected their treason by the COM
mission of an overt act?
After the commission of the act the evidence Is
often unattainable because within the enemy's
lines. Again and again such persons have been
arrested, and often they~have been discharged
by the civil authorities, because the Government
could not procure testimony from within the lines
OF the enemy.
WATCHING TORPEDO PLANTERS
On one OCCASION while party of officers were
laying torpedo in James River, persons on shore
were detected in communicating with the enemy,
and were known to pilot them to o convenient
post for observing the nature of the service
which the party was engaged. They were arrested
and discharged on hdbeds corpus, because although
there moral certainty of their guilt, 1t could
not be proved by competent testimony. Twice the
Government has received secret and confidential
information of plots to release the prisoners con-
fined in Richmond. The information was sufii-
cientiy definite to enable preventive measures TO be
adopted with success; but it pointed ont the
guilty conspirators by strong suspicion only, and
not by competent testimony, they could not be
arrested, and are still at large. ready TO plot again.
A citizen possessing the means and opportunity
OF doing much injury to the service was arrested
for dislnya,y. He was twice examined before diff
fercnt commissions. Upon each examination he
avowcd his hostility TO cause and his desire
join the enemy. Both commissions considered
that it would be dangerous to suffer him to go at
large. Yet upon the demand of the civil authori-
ties, he had to be released for want of competent
legal testimony.
The Capital of the Government Is the object of
peculiar attention to the enemy. have satisfac
tory reasons for believing that spies continually
coming and going in midst. Information has
been repeatedly received from friendly parties at
the North that particular individuals then in Rich
nlond were sent as spies by the enemy. Yet, how
ever accurate and reliable such information might
be. 1t was not competent testimony; and 1t wasidle
to arrest them only to be discharged by the civil
authorities. important information OF secretmove-
ments among the negroes, fermented by base white
men, has been received from faithful servants
but arrests of nstigators could be made because
there competent testimony. Apprchensons
have more than once been entertained of Il scrviie
instruction in Richmond. The Northern papers
inform us that Butler is projecting some deep-lad
scheme to punish us for refusal to hold inter-
course with him. III, as Is not improbable his de-
sign should point TO
sERyILE INsURRECTIoG
in Richmond, incendiaryism and the destruction
OF public works SO necessary TO our defense and
impossible 10 be replaced how hope to
fathom 1t and reach the guilty emissarics and
trivers but by incompetent negro testimony?
In some of the States civil process has been
brought to bear with disastrous efficiency upon the
army. Every Judge has power to Issue the writ of
h0beds corpus, and if manfcsts facility in
dscargng petitioners than his associates, the APP
plication is made to him, however remote he may
be. In one instance a General on the eve of an
important movement, when every man was needed,
was embarrassed by the command of Judge,
more than hundred miles distant, to bring, if in
his custody send if in custody of others, before
him on hdbeds corpus, some deserters who had
been arrested and returned TO command. In an
other, the commandant OF a camp OF conscripts,
who had a conscript in camp, commanded to
bring him before Judge more than hundred
miles distant, although there was Judge compe-
tent to hear and determine the cause resident in
the place where the writ executed. lie con-
suited eminent counsel and was advised that, from
the known opinions of the Judge selected the con-
script would undoubtedly be released. and the Off
was. therefore, advised to discharge him ut
once and return the facts Informally; that such q
return not technically sufficient, but would lie
accepted accomplishing the purpose of the writ.
lie acted on the advice of his counsel, and i'm
mediately summoned by the Judge 10 show cause
why lie should not be attached for a contempt in
making an insufficient return, and was compelled
TO leave his command at time when his services
were pressingy needed by the Government and
travel over a hundred miles and considerable dis
fance away from any railroad, to purge himself of
the technical contempt These particular instances
may seem to show the nature of the delays, diff
eulties, and embarTassments which are constantly
occurring. And injurious as they are, they but
light and trivial in comparison with evils which
reasonably TO be anticipated.
THE SUBSTITUTES.
1t Is understood that questions are TO be multi
piled to the constitutonality of the late act Of
Congress, placing III the military service those who
had furnished substitutes. If a single Judge many
State should hold the act to be unconstitutonal il
is easy to forsee that that State will either furnish
no soldiers from this class, or furnish them only
when too late for the pressing needs of the country
Every application will be made TO that particular
Judge, and he will discharge the petitioners in
each. And although the officer may have the right
of appeal, yet the delay will be tantamount in the
consequences to discharge Indeed, this result is
likely to ensue, although every Judge in the Con-
federacy should hold the law To be perfectly con-
stitutional and valid petition for habeas corpus
need not. and ordinarily does not disclose tho par