National Republican. (Washington City (D.C.)) 1872-1888, 1885-01-12

though there was moral certainty Of their
guilt, II could not be proved by competent
testimony. Twice tho government has
received secret and confidential informa-
tion OF plots TO release tho prisoners con-
fined In Richmond. The information was
sufficiently definite TO enable preventive
measures TO be adopted with success; but
conspirstors by a strong sus-
picion only, and not by competent
testimony, they could not bo arrested,
and are still at large, ready 10 plot again.
| A citizen possessing tho means and OPP
portunity Of doing much injury 10 tho
service was arrested for disloyaty. Ho
| was twice examined before different COM
missions. Upon each examination he
avowed his hostility TO our cause and his
desire to join tho enemy. Both commits
| sions considered that IL would be danger
Gus to suffer him TO go Mt largo Yet,
upon the demand of the civil authorities,
ho had to bo released for want of compe-
tent legal testimony.
Tho capital Of the government is tho
object of peculiar attention to the enemy.
| / have satisfactory reasons for believing
that spies are continually coming and
going In our midst. Information has
been repeatedly received from friendly
parties at tho north that particular indi-
viduals then IN Richmond wore sent rs
spies by tho enemy. Yet, however ac-
curate and reliable such information
might be, IL was not competent testi-
mony, and IL was idle to arrest them
only to be discharged by tho civil au-
thoritios. Important information of So
crot movements among tho negroes,
fomented by base white men, hos boen
| received from faithful servants, but no
arrests of instiRators could bo made be-
cause there was no competent testimony.
Apprehensions have moro than onco been
entertained of servile insurrection in
Richmond. Tho northern papers inform
us that Butler is projecting some deep
laid scheme to punish us for our refusal
to hold intercourse with him. II, as is
not improbable, his design should point
to service insurrection in Richmond, in
cendiarism, and the destruction Of public
works so necessary to our dofense and so
impossible to bo replaced, how can we
hope to fathom IL and reach the guilty
emissaries and contrivers, but by incom-
potent negro testimony
In some Of the states civil process hos
beon brought TO boar with disastrous
efficiency upon the army. Every judge
has power TO issue writ OF habeas corpus,
and IL ono manifosts more facility in dis
charging petitioners than his associates
the application Is made to him, however
remote he may be. In one instance o
general, on the eve of an important move
mont, whom every man was needed, was
embarrassed by the command Of q judge
moro than hundred miles distant, to
bring, II in his custody, or send, If in
custody OF others, before him on habeas
corpus some deserters who had been ar
rested and returned to command. In an
| other the commandant of camp of con-
scripts, who had consoript In camp, was
commanded to bring him before Judge
more than a hundred miles distant, al
though thcre was a Judge competent to
hear and determine tho cause resident in
the place whero the writ was executed.
He consulted eminent counsel, and was
advised that, from tho known opinions of
the judge selected, the conscript would
undoubtedly be released, and tho officer
was therefore advised to discharge him at
once and return the facts informally; that
such q return was not technically sufli-
cient, but would be accepted as accom-
plishing tho purpose of the writ. He
acted on the advice of his counsel, and
was immediately summoned by the judge
10 show cause why no should not be at
tached for a contempt in making an in
sufficient return, and was compelled to
leave his command at O time whom his
services were pressingly needed by the
government, and travel ovor n hundred
miles, and considerable distance from
any railroad, to purge himself of the
technical contempt. These particular in
stances may seem to show the nature OF
tho delays, difficulties, and embarrass.
ments which arc constantly occurring
And injurious as they arc, they are but
light and trivial in comparison with OWLS
which are reasonably to be anticipated.
It is understood that questions are to
be multiplied as to the constitut utionality
of the late act OF congress placing In the
military service those who had furnished
substitutes. II single judge in any state
should hold the act to be unconstitu-
will either furnish no soldiers from this
class, or furnish them only when too late
for the pressing needs of tho country.
Every application will be made to that
particular Judge, and he will discharge
tho 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 ensuo, although every
judge in the confederacy should hold the
law to be perfectly constitutional and
valid. A petition for habeas corpus
need not, and ordinarily does not. dis
|
tho petitioner claims his discharge
A general statement on oath that
he 10 illegally restrained Of his
Z liberty 10 sufficient to induce and even to
require the judge to issue the writ. In
every case the enrolment will be fol-
lowed by the writ and even enrolling
officers will bo kept In continual motion
to and from the judge until tho embar-
rassment and delay will amount to the
practical repeal of tho law. Its provisions
will add no more soldiers to the army
But this 10 not all. We shall not be able
to retain those already in service. Moth,
ing has done so much to imperil our brave
soldiers as the determination evinced by
,, have thus far lived in ease at homo, while
they were enduring danger. toll, and
privstions. When the hope Of equal ius
,, tice and the speedy reinforcement shall
thus have failed disappointment and do
spondency will displace the bouyant forti
, tude which animates them now. Deser
: tion, already a frightful evil, will become
: the order of the day, and who will
arrest tho desorter when most of those
at homo are engaged with him in the
common cause Of setting the government
at defiance, Organized bands Of deserters
will petrol the country, burning, plundor
ing, and robbing indiscriminately, and
our armies, already too weak, must bt
: still further depleted, at the most immi-
nent crisis Of our cause. to keep the peace
r and protect the lives and property Of the
0 citizens at home. Must these OWLS be en-
4. dured2 Must the independence fol
A which we are contending, the safety OF
the defenseless families of tho mon who
0 have fallen in battle and of those who
, still confront the invaders, be put in
I peril for the sake Of conformity to the
0 technicalities of the law Of treason.
: Having thus presented some of thu
( threatening evils which exist, it remain.
A to suggest the remedy And in my judg
8 ment that is only to be found In the sus
! pension Of tho privileges Of the writ o