Newspapers / Fayetteville Observer [Semi-Weekly, 1851-1865] … / July 16, 1863, edition 1 / Page 2
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FOR TFJ® >HtiERVKR- h'w action was not int*rlereuce with tho govern- The Supreme Court of lyBioi»n he should be exempt st orentu. It may f . . ^ ... 80 when it gite« the oeo- an was noi ‘if i y to o msid^r the priuoiple !igo tho Uw a« to either. 80 when it g.te. tne „j.„3ae- The Court serms to be of opin on that if I ,^y War a ngh to make regal *t,on«. &o.-in^- the 11a I any reason it i;^ calieti upon to look at a l&w j SIiits Hw, hnf i*li iii’nr umion hv United Mb ■•i? the con Jition of hini who has pu m » su d ^ Messrs Ktlitors.—I have read the Opinions de- lifted by JuJg.-.l>ear8,.n ajd Battle .n^the iu-1 VT; Ji; 11 * v/xA *.’j ii»i 1* aL. /\U i&nU SlSCCriiii U ll-” va%v/.«vj ^.iv ^ ^trr, i»iuur7i n j iir r ■ #itlv tn beas Oorpu> oaf*e.s aad publnhea in the Ibserver, j of ail means whatever for that pur- unil«r the Fuj^iiiv** 8kve Uw »n-iy be ConrnisHionfr uu- |i oontr*ct th*^ rogul ttioua m wa su seque ^ 1 t..I. r Qi.1- n.>rmU>inn lO luaH.c u-»c v .... ' i. .u:., i,..— miMI'tulion niiv »erv Well net upon ine 8t«iu» 2d and 6th ot .July; r^)8e- and that whatever would be its course to record uiy rospectful and decided diMent roni oi'tinding out f»uch meaning at a glance, the doctrim^ therein laid down I have been 1 satisfied itselt uught to believe that no .Strife ha.s the .on.st.tu- , tional right toobdtruet the machinery of the (.rene-j^^^^^ repectfully differ. That would be-to de- ral Government. It the State jjtruy the elleet ol » wherever it exists. And ** the laws Judge Marshall thought in the case lant men- tioni d, fur he goes on to say that upon the suppo sition that the case were one which involved a ^uo^tion whether the particular cargo bad incurred a penalty which the act imposed upon cargoes having*particular incident> specified in the act, then the State Courts would have had no juris diction. That is, as 1 understand his argument, if the act had imposed a penalty ff^ton cargoes trading to certain port.-), then if the defence had beeir that the cargo in question were exemj)ted because of a license granted to it by government, a State (’ourt could not have tried such a (jues- tion. The seizure would have been colorable, awJ uo State Court couM h:ive dfcid»il whether or not suc^i color w*s sub^iAuce. That is;, nheuever the caune involve,H directlt/ the i»c-iou of the jfov^rumeiii (even colo ':i!.ly) H iStiite Court ha:J uo jiiri-'Jiciiqi^. I cm il- lustratf* Jttdgs Mar;»biir.'e poaiiiou with p.vrMCuiir re- I'oreuot* to the ca.s-* b^fure us Thus, if (he couaciiDt Uw rtulhorii-l t’ol \1 illrtt to seiie a cil'i-n, I'ol Muilelt upou Si iiiup -i hors*? would be liibl-? to au lO- tion of rt'plev'n m a 8taU; Court. Me would h»vir h>id no color tor iii.i conduct But if upnu neiziug » caizen the c:»tte were tUat the liitt«*r ci'iiuivd ■m t-xempiiuu l ir such :iad such rt?»iSoiir-. the Court w jul 1 Uav^ uo jurisdiction Judgi* IV-tr-* a relies upou this oabu uud eiUs piirticul.ir >ittriitioii to th«* uici- »iunl-fry boi ween thir Hctii'.! of rejileviu uud t!ie writ of llii.ea-' i'orvus — iu iha.t ill eiich ibtf Si*ite srizi-s ihe articl? i;i di'>pu*e And iHiponud.- it uiiiil :i d-,'ision is rniil-> I iIsm-.t .io aidiiioniil urg;umenl tor my vio-w f>oui ih-? very na'trr if thi‘ writ of r. {'levin, wljich oominou law csnnot be uied wisere ihc articU in di--pu e i.s in Ihf custody uf the law:—(ih'.it is. coloraLl^ no, for the uieauiog w re til the I'listody of the ii would b*» no iu'»ie th .n t • .«ay that iu I’lis sort of uctiou hs in all otiiers the pUiiitirt could not recover if the def^J-int wore ri*/*-' fully in ("jase^iiou 1 lJut wherever hu otflcp*- ” se-frioii of g.'o I.- color* nmcu, I Hpvrcho*’ *he U* t )^>p tn.it ,'i writ of roji.Vvin iioe;) n^r :iZiin->t h;.>'. -wnic^'i sh )w9 (iiAi me 111 — ^ nt:aioii i'J not -iu:h tri^y tor the dociriue for whica it ia ciied, but rather tor the contrary. il JS true lb kt i.'hnuCfUor Kent, in hi^ ('o^ntnent-iries. ••iy* t!-«' t* l)een srttlrd that Stile-* havf" e ncurreat jui.h'-iciju III ^uch Oit'^es of 11 t'oKpui Fortins ii'fers i;> the ‘ luierou.-i ctiJies iu whinh thi.^ h.\.s b*i*a d"ci'led i» ai^it- Courts, •-•iUitnc •iifen ;-.:i h wever m OM v,u >irgutii:-ti ■»kr>iio3t it Thi- -1 -I's 1:0'. sho.r whit he ino'1/f.^ of he principle of 'aest* decisiins He jjer*fiy records a fact, viz: thai tne St *ted-.’Ci!sions wt“re .-‘o, there 0!?iiiit u'> Federal de('ist>n tnnt fui,- upou ih- pomi. Now 8t-il> .b oi-"'f!:- ciur.jc in th" very uuurt- of tuitigs t(UU A poiui to thvir juns iictiou over F^^e- ral ui.ittrrs Tiieir ileei*i n.s do not -je:!!,' s.j'!i nmMers *8 iduju ttf* iecisiouH upou ^.»ver »1 in N >r(h C^ri.- lina, ia the itiHeace of a decision in the Supreme Court, settle the Uw ot this State We know riow ofi-n coh- struclto.is ihit tUiVv* prcv>ii;>-i upou the Cir-'Ult f>r yeiirs have receive,I .1 ^uieiu4 upon me firs; appesil to toe Su preme Court. 1>-ci.si 'iis upou ttiu I'ircui c^ve oalv % presu.’Dptioii as to iriiai tUo iAw id, huJ so it iit Kim'le- cibiood in th.> Suprtrut; Courts ot ihp Siiii*s ujion ters whicii m;iy jro by appeal tj lUo Supr.'iue t.’ourt ..t (he CoQtaderHie Siites Cuiiiiceilor K^iii'o ^^^ltelut•IlI thi-n mu.41 b« ijubject to this quabScition, aud ^o luus; :iuy reference to laese l-ou:ous m iiuth -ritiejs. in .iiner Si-^tea than tuoso lu wtiicii ihey Wt»re lu-i i • 1 sre not aulhoritUt. in ihe !*trict sen^e of me w !i.l, 'i' ,e wbjle matter is tu'jjuJice udiiI ihe voio* of th-* Supr-iuc Court of the ti.-ueral lio»erument shuU b** J. Since Cliaucellur Kent s time a il.'i-ion hiii bvon made by tho Supreme (,’ourt of ttie I'nito 1 Siai»-d in -i case anilo)^>u» to before u-, jrii,.:h 1 rubiuit ia. notwith-cuu liug wua; Judge I'earsou h%s s«id, 4 v»Iil authoTU:/ against tue pobitioa wni'a ourCoijrt ha> taken. •\ud here we may remirk, ihHt ,'*Ir. H 1. J tye that the Federal (.’ouns.in their lu er. ir 01 (,-*:ii2,ition.«) ii.ive uniformiy denied l^o j«iri.-.dici;oij jt Stite Court' m these cased In A‘jleii.»uvs. Uooth (deci 1 In lK,',s, two ca.st-s between tue bime puties :ire rej.or/e 1 under ^ 't.ly one rf the-e departtiient of the State can C'arolina olaiuied the right t> construe ot the United States, and to obstruct the ma chinery of that (Jovernuient wherever it was act ing beyond its constitutional Jin"*-*'- thesf were uTulerstooif l>y the Stah’ /here can bo no doubt that if the I’nitt^J St****'* exceeded its Oon- stitutionai lhalta by the tarifl act then in force, this latter was a more nullity, and no citiztMi wa.s bound to obey it- The revenue oflioera ia such ca.se would have been acting without any legal authority, ami no just exception could be taken to a resistance of their pretended authority. S )uth Carolina did not deny her obligation to obey a law of the Union, but denied that she could be bound by what was essentially uo hiw, asserting her own competency to decide upon this point. The only objection taken to this pc»sition was that it was not competent for her to make this decision. The other States objected to her juri.'^diction. There was no doubt of tho right ot her courts to question the Constitutionality of the Tariff law in suits between citizens, or wherever the matter in ordinary controversies was a collateral intjuiry. But it was denied that in any case where the General Government was directly a party to the controversy, the I’onrts or any other department of a State had jurisdiction to try the tjuestion of the right of that Government to do what it claimed authority to do. Thst wouKl be nullifi cation. It seems to me tha' oar Judges have fallen into an error: Arguing that S'ate Courts have a right tu decid«'. ijue.-.tio;).s of the cou'titu- tionality of laws, they make ro ilistiiictioii as to the character ot the case.s in which tliese »jUs- tions occur. heroas it seems a.^ clear upon principle that they have not this power in public cases, involviug diroo ly the action ot the Gov ernment, as that they have it in other cases. I may illustrate this by saying, that although a State writ cannot be used for rouioviug the haiid ot the Confederate tiovernment in ^he person of Col. Mallett as its oilicor, yet a suitable State writ may be used to recover danijiges a;ainst thui officer tor a violation ot the per6‘)iial liberty of a man arrested by him. In the latter case tho action of the Government would not be suspend ed, and any con.-'tructiou of the Con>cript Act in jurious to the C jafederate r,»vt'rin;ieut could be reversed by the Supreme Court of that (lovern- ment, if it is ever to have one. A State has no right under the constitution to cause a nus/}eit>ton of the action of the General Government: That was all that South Carolina could have done. Ihe matter would finally have been decided against her claims by the Supreme Court ot the I nited States, and only in the mean time would there have been nullrtication. A suspension of that action however -is intolerable, and would amount to aiTannihilation of it in matters retjuir- ing expedition or continuity of action. Supposing that a Habeas Corpus case decided by a State Judge can at least be overruled by the Supreme Court of the Confederate States, is not the mili tary power of those State.s nullitied for all practi cal purposes by the delay until such decision is made.^ And if one soiditr may be discharged by Habeas Corpus, an army may be. It is no reply to this to say, that Congress may avoid the diflS- culty by suspending the writ, for the gist of the objection is that such suspension should be a per petual one, that is, that the existen je of the right to deliver is incompatible with the pxistencf^'^of tlic itovernment. r>esiue», tne suspension au thorized by the (’on^titution can take place only in times of invasion, or rebellion; and my illustra tion requires it in any time of war, or even of peace. The fact is that the position is a general one, relating to all points iu which the States and the General (iovernment touch,—and I had thought (with Mr. Calhoun) that ever si:jce the debates in the Senate in l^-JO, it wa.s the generally re ceived opinion of the American people. 1 had n ; doubt but it was the opinion of the “ Ibserver ” In the particular cases that came before the i’ourt my view of the law is, that wheitt'Tor a cuse of presumed illegal im{.risonmeiit i.s made out before a Slate Judge, he must i.-«.iue the writ of Habea.s Corpusj but that upon it--^ appearing by the retuNi to that writ, or. otherwi.sc, that the pe titioner is held by, or Ly color of, t’onfederate authority, it i.-; his duty to deoiinu any further ju risdiction of the cause. As for the authoritie.-, cited by the Court, in which it has been rej'catedly decided in State (-■(Jurts for forty years past that State 7’rih'jnals I have such authority, 1 may say ot theiu in gene ral, that in the days o!' the I nited States; the dis charge ol a fcoldicr was a matter of vcr^ stuali con cern to tho governnjent, as the army was a mere cypher, and it was easier to get a new man than to contest the discharge of the old one. >f so little importance W’re these case.^ that there wa.s never an appeal irom any of them to the Supreme Court. This applies to all the authorities An other objection applying to a great many of them IS, that the CourLs, alter asserting jurisdiction, remanded the pns’jney, rendering it unnecesfiary to question their jurisdictioH. Iu other cases the community was too much interested in claiming aright to frtm labor, for the ^urts which S3«iipathized in this interest to ab- icate t e right of interfering with persons ar rested under the laws ot the United States. II«w- ^ some c^os the Stale Courts denied tliat ey Jiad jurisdiction. A very notable one is that ot i er^^ii!»iin, in \p.w Vnrlr, in whir'K tVent some fifty years ago lienied such junsdi j- tion. In another case, coming before Mim a year or two after (Stacy’s) be enforJv.d ol cdi^'uce to a writ issued by the Court to General IjCwih, coin- manding the Tnited States i^jrces. 1 think thrt our Judjjcs have misapprehendod the force of this case. I do not (question its authority. A State Judge has the right to issue « writ of Habeas Corpus in all cases, and he has a right to enforce obedience and a due return thereto. It is only when, by that return or otherwise, it appears to him judicially that the prisoner is held by, or by color of, Confederate authority, that he i.i matft aware of his wantof jurisdiction. General Lew' having made an evasive reply was liable to at tachment. Nor was th« fact that Lewis was a United States General any rolor tor his conduct. Military men, and indeed most officials, act now and then without the smallest color fi.r ihcir con duct. If in such action they ir.2pnson a citizen he may have bis writ 01 Habeas Corpus and his discharge from a State J udge. This distinction as to acts done colore ofidi and acts done without that, is one well understood by lawyers, and is vital in this investigation. It completely does away with the authority of the case in 2d Wheaton, citcd by Judge Pearson. Ia that a revenue ofiB- cer had seized the caryo a vessel for a forfeit ure. A replevin was issued by the owner be fore a State Court. To this a plea to the jurisdic tion was entered, and thereupon there was a de murrer. The law authorizing the forfeiture did not mention the word canjo, hut aoplied solely to the vetiel. Here there was no color tor the seiz ure;—the officer was acting not for the govern ment, but aa a mere trespasser, a»d an arrest of der ari Exlradiiion Tre'i'y. Suppose this Utter olHcer. i p'lrsuiug tne forms of I’iw, eolore officii, seize oue I nllfi^ud by French aiufioritles lo bo a oriuiin.'il fled from ' France; can a Stsiie t.'oiir!, upon ihe .■lron(?*»st possible I representailou of fids showiun that the prisoner could '5 ! not >>e guilty, interf-re by Habeas Corpus? We may : imagine \ ca-'e of pr.*.-minpiivo opi're«si‘m the mo.m out- r&iret.u? po.-sib'e, an i Vel tlie Sta iVxiriB must docliue ye»‘s t^iey ~ ■ 1 > u 1 n * ■ it shotibl not have stickled for its pjuJid of n-*bn It subsl’tutioa may very well act upon im whi' has m^vle the sub.'itiiution So far as t^ the er; but I h'ld a HlroU;5 oonvictioii ihit it was ttie jr the Oen«ral G ’vernm«nt t3 act lib*rally towardH ami not to sour the community by disap- itinjf hopes that hail been excited, eveu if incoiKtiJ- tftly—and especially when in the opiuioa of eioellent i)'\ I been excited justly. Th" Govera- -aud I do tiot care that it has been defe>tf- laSuprHmot.'ourtdoesu .ttfiveiVebeen mid, tho obj.cts of gross abuse. I would irt.s which they .iid not pos^eis )' hive the appearance ot sinma d.»wn lu the compa .nlv, ... 1 .. f ,acl. aoouMtfrs N.> ootiM ierate per-on, i am sure juris'liciion. This is -l iiiiiilfd Vei in w.'ial ri*sp»ot is -uch n (’ouiuii't^iju. r a judioiil otli.ier that will not mike"'uu'.-'isc- • • 1 i - 1 C .1 M illett oue too? (hi- ouly res .urc« in anv such 1 however for tho priaeipU upon wimcij case is that the U?ti«ral G«>veinu»Mi( i-a free ')U0. ii’iit^*' been done. It the Court oou 1 ave 1 as able ami a.s well disponed lo 8Uec>r citizens as auy d.;cisioti ^pou some groiin a State Government can b*. iri- set up i(a imnhiuery, it;« dis.ippe ir with t le oocision-—or ins -lUce. upj are renponHil)le for its workinir. If its otti''t*rs do no'-*^ or»anizatiou of the Coii e ora e disctiarga their dutv, we are to di-chiirgp them. Uut if d consenuent irfperfect macainery or isBU.ng o wc do not, or if i>ur rep’re.seatativos do not put into opo-J*?''*^^ writs—»lthouih I aiighth^e > '“■* > ® ' r>ttion all p'irta of that machin *ry, it was never contem->l have expre-J-ed suoh diss**nt. w « as »e pUted that theTiby powers should be conferred upon'’'’” ‘■*‘® *’ '*** *'* prosecution o ^ other ppriiou') thereof which otherwiHe they would uotist to which sh'j has been set dowti is **" ® •* possess For if this were .mo, if ihe ouly remf'dy fon*t *o which she hax been invited. * ^ , , faiiinii; to give theirConstituii jual etfect to cjn tin parts’ed witti tho boues and blood of her sons. canao of on.- in ichiniM-y, were to confer new power^ upon -other‘iutr myseU to r>*gret the immedmte lesu to »e a portions th.'reof, it in very cle'ir itiat our p.^litical sys-^*uur Judges (em would lo-ie i*s harmony and proportions: aod wo 1 h^ 1 some difficulty for other rea'^otis in pu) is g would depend upon usa^e more thau a written C insiitu-y vieivs upou the principles set tor-U y t e ^ uprem lion for the clsarior of our liberti,s. Tuerefore. ih-vtourt The Judges who have acted up.n these cases i'oo(;reM- lias iiot cro'ttoW juris licii 'U to >Siate Cour before. This omisiiou only gives ;n tho stronzer souse V such aoousui'- ... i ■ ^ 1 1 of th,- slupi lily and uuf iitlifu!.ie>s of our represcnta- il.'auk me wall ihem 1 t*"el the very U|i e?- r gai tives. If we wish” (o pre’ervi oi;r (Jonsiitution in its ''Sh'; various Judic-il excelie*Jies o ui ge carso present forui, we vfill insist ih kl every pn-t s 1 lii 'lave iiattlo. 1 u |y have l»»eu ad aims orinij jus iis natural >pcritiou, aoil not c j'npt'U'*ie a .it'tioiciic/”• (’ir diua tor nearly a t?cner.Uion, au ave lu on. pari tiv iucreanvd .'.ciivitv in au >t«er. ■illufir»ifd and adorned our Bench, i eir a )i ities au 1 think ii c^ear ihen, M-ssrs.'K liiors, tiiat tht iiri- '‘c^uirem-iiis ire aiuonji: ttie treasures of ttia biato, ani cipio of the state «f ihinvt-* in which are, nMvi i i *’® *=* ‘ of Nori'j CnroliD I .lud^ps abs.’aiu frun iMtertVi./ i Thoir p-.i^iiion before itie pu. ic a*. , >a 1 «vith the uiroci action of Coufi-derate idli 'tals eolvjriT ; varied !»y criti'isms up >n it ivi uv dirtcli>ir!iiii(5 ilieir duiies, and I behev« tha? the *he n Pney stand up.»n tlie uera oou e o lion Ilf ihrt ci“e Ab!enian vs iJoolh reu :ire 1 ;lii*-b Opinions. , , , Supreme ’ourt ot iho Uniiel lUate.-* ■••o decide »oa. Wl, (tentlemen, 1 could not re raui rom a pro . tlieir •puiion IS expressly 10 ihit id-ci i-^ uo ,j,nie *[ g *>ns' wliai ^ c )nceiT« t> le uu. 1. c iiioii, ni) »'*i er o WiiliMio'i principle .-i.iriuf? .hem i:> i;.e n.;-* d p-1-table lu ih.-ioslan-.ie, or how tar.inedby the opu.lou >1 were. .1 w«old U iv.. oeen a 1 .r. I.i^iioi. of ih.-ir lu.y no' genile.uea f>r whom I h-^ve «•. much-Irf.reuce. I In hivj' 11^ i i' ill n p u'. r Ofn««‘ut t o V>.«1»otb lliw pr**e\»l uoveruiuenl atllHrreBl fiLii.s ... ^'xtrely too line-an 1 if suci v» -r. one in pri.icipK- from the oue we have abanJ -ue.t; or to lue ni^uuer lu wnich I’ourta tiabiimvtly d .oi led uiusi's, do >therwi.^e ia*u resist ihe iatroductioa luio its s>(i«m I sul'iaii that U) cause would be an auth riiy lejoudof jirinciples.which wo have soon briiig l.irth such a ih-; vt'rv s koi.* f:ici- whicii coi>,«iiiuted it hirv»>-.: of d'-iih an! ruin 'n the breasiug up of .he L. Ji ^ec'ii.s 1 • me to be imp>«i3ib)e after a brtiaa viewSiaie-*. 1 ciU'»oi ajr^'ee that this WoveruiKent shall be of the w'lvile c t:*e h.- a sre*. •{lie.'^iiuii in pubi.o liw, :o:n>id-* a deal fall to crush the he ids h{ another jrenera- belifvtf ih It the piiaciple whitU i ii.aTe Ini', dowu is attion of .\uierican youu)? m'n. Heaven forbid for us iDe all touched Ny ihe iK'cisioiis ma le in Siai■; ('oiiri.-i, or ho-adopiioa of ttjyluiug like sece'J'ion or nullihcation allow any boat or vessel to pass tbe point near which he was stationed without his permission. By this officer I sent to Admiral Lee a note stating my objectu and wishes, a copy of which is hereto annexed, marked A. I also sent to the Admiral, to be ftJrwarded, another in the same language ad dressed to the officer in command of the I'niteil States forces afFurt Monroe. ‘The gunboat pro ceeded immediately to the Minnesota, with these dispatches, while tbe Torpedo remained at anchor. Between 3 and 4 o’clock, P. M., another, boat came up to us, bearing the Admiral’s answer, which is hereunto annexed, marked li. We remained at or about this point in the river 5li until tho 0th inst , when, having b.;urd nothing at '• further from the Admiral, at 12 o clock, M., on that day, I directed Lieut. Davidson again to speak tbe gunboat on guard, and to hand tj the officer in command another note to this Atlmiral This was done A copy of the note is appended, marked C. At 2^ o’clock, H. M., two boats ap proached us from below, one bearing an answer from the Admiral to uiy note to him of the ith. This an.swer is annexed, marked -D. i he other boat bore the answer of lit Col. W. H. Ludlow to my note of tbe 4th. addressed to tbe ofticer in the attack on cmahle.-^ton From the Charleston Courier, 1:i!b instant. The assault Saturday u;(>rnin>.: on Hattery Wagner, and the hcav’y bombardmetit kopt Ujiuii that work by the Monitors and wooden gunl)oat> for several hour# SwtuHay and Sunday, has d,- monstrated fully that the enemy has df*tonnitu.,i to make bis presfiit niove'iient n duci-’ivf! attack on our city. it is not known as yet vith crrtainty what tho force of the ontMiiy is, but jtrison. is r.‘ port it from fifleeii to twenty thousand. St \.*ral demonstrations have Ix'cn made on Jatnes Island and tbe Savannah ll-iil Hoad, doubtle s intended as feints, to divide attention anti endtfavor to carry some weak point. About daylight Saturday morning the enemy made their first d»!trrtiiincd assault on Hatti;r\ Wa^^ner, the centre fortificatinu on Morris’ 1 lan^. It was no doubt intended to be a surpriit- The assault was made by between four and tiw thou.-and men. The front line advanced bravely up to the battery, our men, according to previi^ux orders, rcstrving their fire until the enemy had •rot within musket raiifre, when a terrible lire .l ^ra'ie canister ami musketry opened upon the ' advance. Some few of tbe foremost companies command at Fort Monroe. A copy of thi.s is an- | ru>^hed forward only to be shot down or taken pri The havoc in the front line i.-Hused the others to waver but for a uiomont, wh.Mi t! *.y iv treated precipitately in ap{»Hrent conl'u.Mon W>k behind tfie sai"l liiilt. 'I'he enemy’s loss is cs^timated to have boeu at least fully tive hundred »)f bis dead lay directly in front of the battery, one hundred and thirty aexed, marked E' Lieut. Col. Ludlow also came up in person in the boat that brougiit his answer to me, and conferred with (’ol. (^uld, on board tbe Torpedo, upon some matters he desired to see him about in connection with the exchange of pii.son From the papers appended, embracing the referred to. it will be seen that ers coriBSpondence f.ire S. ite .1 n f/es, upon rz yjrte ariru'iieot.-i, iu ciu-^es whcrf me ti.'U’i’ai (Joverument f'ei. no iiiierest to cou- te:it ih-ir do.;iniou-; or in other I'HUses, nuapp>'aiej from, ill w.iicii the putii'c opinion of the coiouiunitics where tbe Coiri wi"'Minin' n id .iveu ; bin to every view of 1*10 n:»ht of ihj .Sintp i,i niilnfy the liws ot ine Uuil-*d .''itie.s. 1 ciioi.i bnng myself i > feel ttieir force. , I wish to pit iipiu rer'ir i iw > .1. hoi ircun?nt« leud- ng to tni-i s,im'- nil. ini will iie i cl ■''* l.'i r'-(>iv t : ‘.nh July 1^03 prisoner^ 1 tht the same name 1 4,iu luter^sied I..» -■Ulll aiid had bound uiu over 10 iDe l;s'riot O'-urt .>f VVis- Coiibiu. Ttie Supreme C iurt ot V> i.,ci>a';u di.sjh ir^.'.l tbe pri*on-r by li »bet> '’orpue. L]oa wrif if err.ir ii. tlie Supreme Court -M ;Lc L'iiittd S;aie-i 11 w.n tliat the VVisijoGsiu C)urt> r id no jun-liciicin by Habe.s Corpus in .-ji;ti cx.-e-i T.ie doL di.'c;i>trge a w IS ;it lire —■»a 1 no. t.Tat i' : >0 th*'Sj'vte I’lCju^titutiou tl, p')wr tu ACi po- la iuca I' kies the I'our s of tfi ' iutij tile uciiou of tne c jiumi,--';oaer ni r fr.ey had m-ijo itu improi'er dt-t isiuu Court a t i u*-id ttie Fu,^iiive .-iitve i iw ana •• 'aai tac com;iiis-iuiier wi,- w.thjui • ho .111. N.jw 1 a.'k, iu wh*l re-p-c’ lua’erii. : iTTSeat I'lquiry is there my diitereucf b;tvrui i;ic fiiiou of a cumai;ssi >ner under ttie Fu^i'ive and a'. ^•aroUing olticer or (’om.'uan J.iui of ti|.'. mile.’ iiif eonscri; t n:;.' N itri'T otie i- a juiiici-ii -..ili- oual ->euse uf tuat w >rd. Uy tne jalu’i^. p)w.-r lUire n granted i« ve'led iu the So; re.je (,'ouri and sujli inferii.r rriburi i s a« t.'oDire-s ->h .ii create. .N jw ihe oftiJe »{ i c jnrnir, eiuner is not au la!er;or Tnbun »1 in ibi- in-miu>: of i Cousiituiion; bec iupe u j appeal lies from nis .i-;ti in. u-> uf.eriniendence '>vi*r him is ,®i ven to tue Superi j.- (’ jtir..; ppoiutC'j by tue Juigex. .Au i ypi iu an iibiT th-: argument that tiie ( ou-'iniii u g'v •• (’..n'^ri-s no iiow -r ti) H'lspeiid tlie wr > of il • n tVrp'i'i •Jud,;e Pe-nv.ni eii. - I'la! t'.in,r,’>s iua> doil, or iii i •iUth.'>riz« tho I’.-u.udeat 10 d > .-o. !u 'i!i c^;*'s w.-iere i.i •ersou i itUjiri- me 1 *>y C i itVd.-r iio aathoruy. »>.d 3* would lie thf ."lupreiuf .iw jf (b • la . i, :to 1 sj luuJ-.f upun Slate TrifMinai^- Ta • chut' i;. i.'ie ’-u~’i:u:.iJ giving the rigni to s.ispend the if i.-.e tvrii >f il lb • .s r irpus clearly appli-*s '.uiy to tbe C .n:fa» rjie •Til Tn‘ wn -le mctivn 1.-^ c.--iitiQed 10 prjv.s; .1., .it ■ue or uioner part ol Co'jrcJor iic ma.-uiut.rj Vi, f-v; l. til to c •ikiiou appre iensjon hy jbter.iu,’ 10 tt ii the next seciio-i s-.mr' of the provni in-> of hi;! ir« re pealed 80 as to apply 10 Stale ina "i ini-ry. l!e^iJ.;H, n i a H.-ll e?:*t!listi«d priac.pie ►>; taiugn aaJ prinoip'.i s referri-1 lo i: without expl III iiioii •'> til- 'a.r iry, .in- tiii i^H:.u l prioeiplea part- o( govcrnmem -r^Uei bv tia't. .l: -tituti iD 1' is to be tkdmiti*l th-n. ib*i ;ae.e is u ; ■*. pr ivisiou in ilu* ? oufed^^ate *):)a**t 11 i->u autho*'iiiug a i nup-i.si >n ta- s ir- wu of II n.-i- his n)^ ii't-r.eU. ir.it aIliu>Ufe-h a •ijip-'iui n of t ue •. oalv i- , -ra!» -^ri! is t.-u'el ir ni.ii uu |>r'iiii'iiti.iu —«=t-ep: p nly I-.. i:ai-- or gr.-it d^^tredi. a., I •;i.mi on.y in y u- 'ir : ca-i-« -saei • i- n.> pr ..‘i.iuiio'i a, > its ■-i.ip,-j!.;,in o: ' ■'* •' *■ I ■ 1 i m • 7 i ‘ - J ill a.l c , in w nca aii i .f Cou>.'re'-; would be the supreim; law of tne ;and, ; a d :u*y . ven •tutnoruH i le I’ e-iJfiit to d) ii. 1'; e t ri.;'i: ‘t :’' Ui:r, -p. to ur lj i uuoriie lu • I’le.si- , ■ Alft,'iVij'i:i'i' ■■•-■li'-a in?rriuil;v*.. ' cei" ii.iiy i: 1; iiin )> be a lun ! t .ieiit*. on.- lu i ■ ri.:ni .'•ur.ly i ;a- is a; pi.-t ot H'- iijhls j lu :e -u-*- J| I. Im 1 liy ’ ^ # -■ I'.iiii-.-i ■: -.I-ler ,)f (ii.r I’i'f-I i-at. Ini' p,'*it' .1 leir.ci.-i t-r. »(’.y fr. m, periiapn i»ani*ii- lit*'-, ilie anribiii** ' 1 ^ ii:- ;• ■■•iMoa 'f our S ite (' .jrl^ ' a v. iliJiM.ii o*‘ ibn ric.'n-- of ihe citu-a AW > by i‘iC .i?u»T>l ' 1 .'.v.-rnui.-.i or .is jlb- -I'r ;! -•••. .:;s r !i n li;.. p'V* , r i-»is:- a: I ai- r;ilf-.-r- lXTI;}lvi:S riNG COltllESroNUENC^ The following cjrrespondeace will explain itself: Ru'H.mu.ni), Jd July, 1S^>3. lion. -1 Jl. Stephns^ Rirhmond, ^u. ;^ir;—Having accepted your patriotic offer to proceed u.s the mission failed from the refusal fd the enemy 1 and about eighty wounded were takin to receive or entertain it, holding the projiosition for such a conference “inadmissible.” The influences and views that led to this deter mination after so long a consideration of the sub ject, must be left to conjecture. The. reastin a.s- signed for the refu.sal by tbe United States Secre tary of War, to-wit: that “the customary agents and chanuels” are considered ade«iuate for all needful military “comuiunieatiwus and conter- ences,” to one acquainted with the facts, seems not only unsatisfactory, but very singular and un- aooountablc, for it is certainly known to him that these very agents, to whom he evidently alludes, hereto-ore agreed upon iu a former confercnce in reference to the exchange of pri oners (one of the subjects embraced in your l«'‘tter to me.) are now, and have been for some time, distinctly at i=sue on several important points. Tho existing cartel, owiag to these disagreements, is virtually su.spend- ed, 80 far as the exchange of officers oh either side is concerned. Notices of retaliation have btien given on both sides The effort, therefore, for the very many and co- j ^ ^ The commanding officer saultlng column, CJon. Strong, reported by the prisoners to be seriously wounded. 'I'he bji,t se. n ot him be had (alien from bis horse and was car Tied off the field bv bis men. Several t.thor olh> t r. said to be either killed or badly wounded. Jur loss was reported to be •» killed and 11* Wi.oind d Th * prisons! - reporr iht ir l‘,s« of th.‘p-evi/i. , mbout fifty kilU d and wounded. The Homiardment Snndan —The boitibardmeut ot liatlcrr \V i?n*r was renewcl SunJay forei oon, ly thret-of tie inoiiiiors. a-.sisfed afterwards by two woodn punboai.-? The tiring ra.- very /leavr aad kep! up for sevi r il hou. ). >ur cusualti.s through (he day were two kided md thre** -.ioun.J 1 One ^-hci from Fort Suii'ft-r i? - lid to ii-v** taki >. efl>C( on one of the gut - boats. as s>ie immcdiattly afier being slruck moved ott, evidei;tly iiborii:" very hard, a-* if her machinery wu- damaged. M>»ny rumors were afloat mat & Monitor was ' b.id:v d imaged in the enga2?inent Sunday. The report of one being'•’■ippled >n Hi'urda- « vs correct, bhr vta) rowed . tT an - h i>'t sine** ina le her appear inc^ The Vftckre 1 .i.d torcsa are under Ihe command of Oen Gillniore. Admiral Dab’grt-n comminds ihe Heel A detuo:.5tiat5on was made ^y the utr-iy on Satur- y on .I'lm for about one hour a Military (Commissioner, under flag gent reasons set forth in your letter of instruc- j t,riskly I \Vxhington, you will receive here- ; tions to me, to see if these differences could not 1 j-/,, with your letter ot authority to the Commander- be removed, and if a dearer understanding be- ; three in-Chief of the Army and Navy of the I’nited ; tween the parties as to the general conduct ol the Wilto^n Blutf States. 1 war could not be arrived at before this extreme , Is’, vnd They 'helled tiie woo Is vei.. Fn'myn Ruida on the C>‘*t —On Friday !ist, of til.; eueniy’s punboais steamed up t .w^rl- ,\tt‘'r entraging a section of SchulU - laii Jiug and ui 'k otf a nuin .1 1 I ■ 1 r I ber of negroes 1«‘!-M;g;ug 10 Mr. Heyward M^inigiU.t fhis letter is signed by me, as Commander in-I jueasure should be resorted to by either P^'^v> { ^f jjinii). »tf;, af ir remo-ing the obstaclea in ' wa;J no less in accordance witu the dictates ol bu- i Dissed up the r.T,-r. an 1 when opposite iJr manitv tban in strict conformity with the usages | olover’s plm.aii. n their progre- was checked by a-p- ofbelligerents in modern times. Oeeolv impressed I non of Csot Walter's baitery Tne bo its were so dam Chief of the t?onfoderate land and naval lorces. ^ Vou will piTceive from the terms of the letter that it is so worded ;ws tk» avoid any political diffi culties in its reception. Intended exclusively as one of those communications between bclligi)rents which public law recogniies as necessary and care has been taken Deeply impressed j 1 with views and feelings, in under-1 '»p”i taking the mission, and a.sking the conference, 1 1 courier can but express my profound regret at the result , of the effort made to obtain itj and I can but eri- j tertain the belief, that if the conterenca sought bad been granted, mutual good could have been efi'ected by it; and if this war, so unn-.tural, so I unjust, ho unchristian, and so inconsistent with ■ every fundamental principle of Ameri^ian consti- niciioi. in»! i pfopei' between hostile lorcc; i’oustiiuiua, t,^) no pretext Jor relu.^ing to receive it on tbe :/r->und that it would involve a t.acit recognition of the independence ot the Confederacy. Vour mi>sion is simply one of huiaauity, and has no political aspect It objeotinn is made lo receiving your letter, on the groni that it is not addre!«sed to Abraham Lincoln, as IVisidenf, instead of Commander-in- Chiet, vVc , then you will present the duplioate letter, which is address-d to him, as l*resident, and signed by me, as I'resident. To this lat ter, objection may bo iuade ()n the ground that ^ oorre»pjndence are iheleticrw wi^icn I -Icraoy. In this event, you will decline any f passed be-ween .Mr. S.ephens and the yankee authcii- compeile 1 lo draw off. One b^al was so that bhe sunk on her w »y dowu. give- a list of 1-'>1 prisoners, brougat to ihe (111 V, am msr them r*everal Colonels, Captains, tie Tho olhcial list of casualtie( in the ‘Jldt S C. \ on Saturday is 1 killed ,»oundi*d and missing. Hi woun led are roporie i in the ditlereni ]lospiial«. broughi t ' Ci.arl ‘^lon r.tter Friday’s fight. Aiuone them .arc H- K. lilac’-v nnd K. N >ble. .oltt N. Tioops. tutional liberty, “must needs” continue to waged against us, that at least some of it.s .severer horrors, which now so eminently threaten, might have been avoided. Very respectfully, Alkxaniikr II. Stephens. V ‘rum -t''; »r:in *ct I f ; uo lui gr.ve \ i: tb.‘ •nleJ I .r tn ui ihat ,i (« Cer in the constiiui Coii-iiituiI'lii all lilt.' tie f«*nse he lOt-c ju lioialiy, in ismujb as tie ha" t> drc.l,^ and make use o.’ ducreti .a lu om.u/ to his coa'li.«j;oD->. It !3 not then rro.a It-icreuce lo \\i)judiciil depirt-neut ot I'le Coatedera;.e at:.i-s Ihat (i.» .St iie (,’ourt.i are d«- l^arred Irom mteiferirig witu nis tt --.ion. if i.s b.-c luse he IS a part ot ilit- m i3oiL»ry if tn C^uf.-J.-rate Scales, and so not liat'le lo bs oh.slruott 1 in nix action by State . llicials. He h IS just as mujb an 1 jii,t ai lirtl- judicial cu ir.cier as a comman iant o’ c rn.isripis Iljth nre ar>- pomied t,y *aw, b,y,h h i, .i^o.d.' upon th^ Hiatux of ludiviJuals, and boi;» u ive t > use Jwor.'ti m in coining 10 tae.r conulusr us ;r cm ttie deoisiju in .Vblem:n vs. ii>oin be pul upon the grjuu 1 that me person ar rested had b-*en b mud over lo a Court of the U S. The iaeHtiou recurs, wnai right bad the person binding him 0 do ihisT Tae 'iuest-ju is nr, to whit C vjrt was Ue bound, but, by w:i )tu Was ne bouri IT Surely, u wiil not bo siiU that anybody lias a rigat to 'irr.-st a citizen and plao- h'.m in j lil f.ir rofu-iu,£ to give bond to ap pear at C ■iirl, and that an ini ,-rferenoe »»ilU such arrest IS an laiertcrenoe'^iih the Court to which be was houud! Tue only question h,^fore ihe '-Viacousin Supreme Court ip ihis case was as to tae po/^er of the com'nissio:ier. lie Was not tecunically a Judiciil olbcer. He ;s liable 10 ail the cniicism ihai. Judge I'earson makes upon the power of C >ngre8s lo give ju Iseia'. powers lo the Stcro- lary of War. Vet the VViscousiu Cjurta had no juris- diciion over his action. To give i,noih?r c vbe: Suppose itiai coinmiaui.-»~— 1—-I -"“-‘‘“'I iu order totrausmit him to Louisiana, could tho St'tle 'Jjuris have h«>ira :m alifRilion that :h« j ; i3 i-: v, .s (reemail, rill hi-, lif.;, notoriously a re-i'lru- ot iiie Noni., tbeveup^'u disoharged liiui by Hab-: is Corpus'.' N ) Fede- r*l Couri would ua\e been iu erested in such proceed ing, aud yet the Slate (Courts would have had no juris- diution. It is idie to put illustrations involving gross abuses of their powers by Conft deraie authorities anl ask if State Courts can give us relief in sucli event. Cases ijuite as severe cau be imagined under the Fugi tive Sluve Uw—and were imagined, as we all recollect, by pel sons wlio de;ned its coasiituiionaliiy. Tho answer in boiSi cases is tint tbe (Joneral Qovp.nraent is a Fre, ^iuvernvient,—is o'r Ojvct nmeut a much as any State tJovernmeni; ihai it has all Ibe in ichinery and every fac- -.liy ieiiuiaite for prottc.iag ciiiztfus from encroica- •nents by i:s owu office s, and that ii is ludacer.t to sup pose i.iiai il wii! uo* do so. It is no parr of ibe theory of our compl:'-.- (J 1 lustituiions lUaf tti- action of the Sta» ■ IS uocv:.ssary to preserve tne liberty of the citizen troui ihe action of the Contcder.ate Statei^ within tne ypuf.„- appropriated to tueir operation. The Confede- ra:e Slates is a Uo>^irameni of ctiecka and balances with in its own sphere, and so the States are ia their sphere. The states do not check the Confederate States upon subjects incident to its jurisdiction (nor vice versa, ex cept as the Constitution has expressly provided.) How then could the Supreme Court of the United States, in the case mentioned above, put its decision upon the ground selected for it by Judge Pearaoe? The Opinion given by C. J. Taney is the Opinion of a unanimous Court, and so are all the reasonings. They selected a principle upon which ;» place it which would convince the refectory communities at the North, that the aciirin of the Commissioner was not to bo impeached in State Courts in any matter done cvlore officii, whether in the arrest of an alleged slave, or in the arrest of one who had rescued such slave. I submit that Judge Pearson’s gretU and deserved reputation has not been founded up on decisions like that on whiob he would defend the case of Ablemaa vs. Booth. No man is more cele- braUd for seizing « broad principle and so applying it to the cMe before him as to stop litigation upon not only that but all kmdr«d cams oirid^ from it bj narrow 'u!ler- :..in->n', laJ.'ven at i. G .V; ruM-'ni The 1 :i K'r iu_,1 ' r S' i' ^ t:c .'s m S. kt.? writ H iSf« IS ^ :l J L •! il IV,* made ■ ’ .U' . I .Jit t>y W .110:1 It I •iiil v : i: : hi; u 111, -s m l i f w-i' 1,- lii'liev- I'm’Ht W l!'-3 llify .*71; c- II i II l.,ii ll J .1 lo iif III •ut, pr.,vision tor a ?rc 1 111.I' • tit'v ha 1 '■y ' .h-y 0 .11-;.l I ti it 'Ml 11' L^e-ia. ,■ !.• pre- ill.- i np'^i'j.-r II'- 'li i.iai wri: iii ; in i JU I ii- lUit-r ii s t j.) rf, l_v s is- | ini«*>i i til k', I :u; .S; I ■ V 1 It m.1^1.1 1 I' iiiJo J.'rate writ I iv ^'•l.1laIlc^■s a>i 1 I ‘i .*>tales inc" of I II. iii.;^ IK I 1 _ ih» su't r in • * f’.ii ti-r re piir c • ’1 '1 b -iifv. 17^,'' if ilii-v iii'cnleJ I, U' iJcri ii-* iu c I'l*-* -af iiif> pr “ an fipr. -i- pr .-ioii ;n lu ■•lioiild b - liib:* I > s; in i:ie « ly in w .i h '-h '' mg Ilia' the 'm of (iovoi • iriliMh,* I s^i 'W- I'l i: uify used, 1 f ill Mu i ; 11'. fliMi •*n-i')'i i' - iiw ti'ii m ide all tO'* aTin^*‘ vrnt .)ii li>; 0119 b lU 1 oriti.ii! c itijun'-: ircs. pensi ni. Tii’y di l n t)*-ii-ip.-n 1* 1 i! 4iiy 11.lie, W:iils; tli c.iul 1 - iBptnt.- l ii.ily un tT r-.rp to a tin *-xli>!it. •l.iJgr- iliiile ' k*t.*s tSt» p'Sifiiin. :.iat Hit..’a, ''.,rpiis exis’ol viifioiii iimit for l**gtl r»*-‘lriini bffon* 'b«* or-*aMon »l iti? Ln tJovernm ni, iti T-'for ii »*X ':s .ii pre-ieui unl'‘-s iis ox t*rcisi‘ cau b»‘ :>roii^,n u idt*r oUf :r >'tirr of t.iri-• .t‘ads, viz; ihai it c nf>r-i a p .ve.-i- pxil.jsiVudy i ia ihe L'iiiipl .'>'a'es. or ihii ihi- pivvcr is expressly forbil- ■ ien lo the S.ales, or ih it its exi-^nee lu tne .Siale is xncomp iti'-U VTit'i ihe re'itions D_>iw.en thj Si ii-s iiid Ihe t^)nfe lerac . 1 eubinii iit I ii ive smwn r. asjn for thinking the case as at present coii-tiluted ciiufs under the last cai*>eory. Wtiat I will all here is. that our H ibeas ('orpus .\ct do-js not c >ut'npla'e such a aiate of things as is presented hy I h ■ appln; i'i m of it to a Coofyierite othaer aciiug under col ir of his office. For the p;nal;i*s expr«>ssed in that act Cin.ijt h*^ ex aoied from suc'i officer. If he b? acting under his U jv- ernmpni the latter mml take all t.ie respjusibilities of such kCtiou, an! the olb’er is nit persoaally responi'i- ble ih-rpfor. So acting ne i.s ujl iiabl« to Ihe peuilty ir 10 i‘:it! inlictmeii' specilie l lu tiiii ,\ot as to be visit- e 1 up in oilicers deiaiiiiiin persons iu violation of its provisions. Thit isih.^ pnucipln ol ihe .M..L^od c-ise '*■:*> pi'Mut:.,^ i ..1. c.>ua'ry and Eagiaud iu IHIJ. .Mjb^od .ia 1 oom'iiH»«»l homicide iu N.-w hy ca ling -.ui i>: .^iKam-'r (Ja- ri>lit»*^ tfcii.i h*T K H.jiae lim.; after be wai fo.inl in .Nev/ Vork aai held lo an swer foriuurier. Great Brit lin avow.«l herseif lobe responsible for hi« aoi, and applied lo the Uaited States to have him released Tns principle under wnich^ie was d mauded was well recognized liy bolh tiovern- inent'i A private iadii^idual, an oiiicor of his G jvera- ment, cannot be m lie re9pun^ib!e tor carrying out its order^ In McLeod’s case the is.sue was avoided by an acijuiitii. i’rovidion was made by Act of Congress praniiuic in all sucii cases tnereafier a writ of Jl ibeas Corpus fro u a Conf.-derate TribuUil to iak“ .su^ui per sons trom Stafc cusio ly into tne hands of ine Oiuenl Giverumeni, sj as ij av lid cjmplioations. I therefore argue ibat our si.Ktute upju Habeas Corpus never an ticipated the state uf things involved iu the present col lision, aud is not applioaola thereto If the proceedinifs before the Court were un ter the Statute, I conc-iive this to be an ad litional argument for my position upou these cases. Tbe other arguuients apply to the Common Law writ as well as to that geueialiy u.sed I have now finishe.l what 1 had to say. Not hiviae been employed in ttic cases before the Court, or in atiy other like caaj, I may claimjexetnp ion from one of the ordinary causes ot bias iu such investigations. My sympathy h.as been with in* petiiioners—with th» whole community of North Carolina—in ihe corroding earns ani the bitterness of tne tim;s. 1 have no idea that any substantial harm has coma lo the Government from the interference. I had indeed taken up a ditler- ent view of the law governing tne relation of substitute and principal from that exprdssed iu recant decisions I cannot regard the coiyiition in which the prinoipai stands towards the Qovernment as one of contract. I think the whole matur beyond the sphere of contracts. As Congress cannot bind itself by contract not to call out the me« of a certain generation to war,—cannot bind it.self by coniract never to make war at all—so I think it cannot aoniract with a particular citizen not to call him out. ■^nd when it said to a certain man that if ho would pu. la a substitute he should be exempt, it liirtlier aitempt to confer on the subject ot your 1 iiii.ssion, as .-'Ui’h conference is admissable only on I the footing of pcrlect wijuaiity. j .'Iv recent interviews with you have put you so 1 t'uUv in pJS^.■S'^ion tjt’my views that it is scarcely j iicjessary to give you any detailed instructions, ‘ oven wi'rc I, at this m unent, well enough to at- | tempt it .^ly whole purpose is, in one word, to place this ] war on the f’ootiim of such as are waged by civi- ^ lizi* 1 people ill modern times, and to divest it ol ! the ■*avag>‘ oiiaracter wliicli has been impressed ; on It by our eii-;mies, in .-^pite id' all our eHorts | and prote^jts War is full enoUirh of unavoidable ■ horrors, under al! its aspects, to justitv, and even to demand, ol any Chrrstiaii rulers who may be : unhappily engaged in carrying it on, to seek to ; resti^ict its calamities, and to divest it of all uo- ( necessary s(jv»!rities. Vou will endeavor to es- | tabUsh tiie cartel lor the exchange of pri.sonerfr j on .'uch a bi'is us to avoid the constant ditficulties ' and cJinplaint.s which arise, and to prevent, tor the future, what we deem the unfair conduct of the writ of oui'cnemses in the delivery of the prisoners who 1 cise-.)f il-I fall into their hands; in retarding it by sending them on circuitous routes, and by detaining them., .sometimes for months, iu camps and prisons, and in persisting iu taking ctptivc non-combatants. Vour attention is also called to the unheard, of conduct ot Federal officers in driving from tbeir homes entire communities of women and children, as well as of Luen, whom they find in districts oc-' cupied by their troops, for no other reason than because these unfortunates are faithful to the al legiance due to their States and refuse to taki; an oath of fidelity to their enemies. The putting to death of unarmed prisoners has been a ground of just co.oplaint in more than one instance, and the recent execution of officer.*? of our army in Kentucky, for the sole caiwe that they were engaged in recruiting service in a Slate which is claimed a.s still one of ttie United States : -1-. -I-;-.a (jonfede- rate ^-itates, must be repressed by retaliation n not unconditionally abandoned, b.;aause it would jus tify the like execution in every other State of the (’onfedcracy, and the practice is barbarous, uae- les^ly cruel, and can only lead to tbe slaughter of prisoners on both sides—a result too horrible to coatemplate without making every effort to a- void it. On these and all kindred subjects you will consider your authority full and ample to make such arrangements as will temper the present cruel character of the contcst, and full confidence is placed in your judgment, patriotism, and dis cretion, that while carrying out the objects of your mission, you will take care that the equal rights of^ the Confederacy be always preserved. Very respt’y, Jbfferson Davis. gave him ao hi;^' >r cl»im thereto thaa whea U mij. lies of Fort .Monroe. .Mr. Stephens wrote to Admiral Lee and Col' Lualow thi»t l;e »as ihe bearer of n com munication from President Davi'B to I'rtsidcnt Linuvln, and that he desired to go to a»^biugtoii to i;elivei it. ‘Tne reply was (on the 4to; tr^t inntruciion. would le asked from W*shi.igion by irlegrapn. Ou the 6th Mr. Su-phens received the following replief: — r. s. Fr.-\u Suir ^Iin.nk.sota, ") Off Xewport News, \'a., July (j, 1803. 3 Sir:—The rctjuest containeA in your communi cation of the 4th inst., is considered inadmissible. The customary agents and channels are ade- ijuate for all needful military communicitions and conferences between tbe Tnited States forccs and the insurgents. Very respt’y, yours, .S. 1*. Lee, a. K. Admiral, Comd'g N. A. Hlock’gSq’n. Ilofi. Alej'r II. Stephens. IIeaixj’k.s 1)ei‘art.men't of Va.,') Seventh Army Corps, Fort Monroe, July ♦>, lSt>3. ^ .llua. Alex. II. Stj>heng: Sir:—In the temporary absence of -Ma^i. Gen. John A. Dix, commanding this department, I iiave the honor to acknowledge the receipt of your communication ot the 4th instant, addressed to the officer commanding I’. S. forces. Fort Monroe, and in the execution of instructions from the Secretary of War, to inform you that the re- tjuest therein contained is deemed inadmissible. Tbe customary agents and channels are con sidered adequate for all needful military commu nications and conferences. I am, very respt’y, your ob’t servant, \Vm. II. Ludlow, Lieut. Col. and Ass’l Insp’r Gen'l, Seventh Army Corjits, Agent for Fjxchaage of I’ri.soners. lllCU.MONI), 8th July, 1803. llis Excellency Jefferson Davis: Sir:—Under the authority and instructions of your letter to me of the 2d inst., I proceeded on the mission therein assigned, without delay. The steamer Torpedo, commanded by Lieut. Hunter Davidson, of the navy, was put ia readiness as soon as possible, by order of the Secretary of the Navy, and tendered for the service. At noon on the Jd, she started down James river, hoisting and bearing a flag of truce after- passing Citv Point. The next day (the 4th) at about 1 o’clock 1. M., when within a few miles of Newport News we were met by a small boat of the enemy carry ing two guns, which also raised a white flag be fore approaching us. The oflicer in oomtrand ia- _ formed Lieut. Davidson that h«.had orders from ,t, it Admiral Lee, on board the United States flag ahin Id to Mianeaqta, ljia§ betow, aad Umq ia vkw, Mi to From Xtw Orleans.— We have been shown a Ksttor, .saya tho Mobile A.(lvertlser aiid Itegister of the 7 th, written from a p/>int noar Vpw ()rlo,.r.a, by a lady, to ber son ir tbis city, from which we make the following extract. It was brought by a gaiitleman who left New Orleans la.st Tuesday, and came by the writer’s residence. He wa* told by a respectable person residing in the neighbor hood .of Kenner, that our troops were there. He himself had crossed to Algiers and saw the Con federate troops and flag. The jankee officers were cursing Banks for abandoning the city. “WEl)^^KSDAV Noon, July 1.—sit down to tell you the aowd. Judge , your friend, and two other g'cntlemen, are here; one left the city twenty-four hours ago. Banks has raised the siege of Por'c Hudson, and is in Baton Kouge— 3000 of his men were killed in the last assault. The St. Loqis Hotel is a hospital, and filled with wounded and dying yankees. “Our army is at Kenacr. Mancbac is aban doned by the devils, Magruder, with his men, is on his way to tl.ie forts down the river. The Con federate flag is s«en dListinctly from the St. Charles. The citizens art* rejoiced, and ready to join our people. Many, however, have left hurriedly. Among them Huntlll" P. W. A., th£ Savannah Republiaan’s corres pondent says: Oen. Hood is- reported to have said that if he were a betting i aan, he would stake all he is worth that peace wouid be made by Christmas. Gen. liOngatreetevid eotly entertained the same opiaion, *8 one might in /er from his recent order exhorting men and officers to a faithful and rigid diflchart>^e of their duties aa« teadiog to briag aSout a speedy peaoe. \ From Jackson.—JACK.so.v, July II —Anoth er day has passed without an rngagement. In I tbe morning the eueniy threw a force on our ■ right, threatening to flank Gen. I'eatberston ! (rcn. Buford wa-i sent to reinforce him and drovt i the enomy back after half an hour hard fighting ! (fen. iiuford lost »>U men—principally of the Sev- I enth and Kighth Kenficky. Tbe enemy tben I withdrew from our right, au4 in the afternoon : made a demonstrafion on our left centre, when I Dan Amburg’s Brigade repulsed them after a haul j fight. Our lo.-is to-day is about 200. j 11 P. M.—The enemy is stiil-tsoncentrating ou our right to reach Pearl river. Our forces have just driven them back in tbe centre and burned the houses occupied by their sharpshooters. Jackson, July 12.—The enemy opened fire at six o’clock this mcrning troui his batteries on our left, and at o’clock, A. M . rained shells on the city The enemy made a charge, the Washing ton Artillery and Cobb’s battery repulsed them with heavy los.-.. Three hundred prisoners and three stand of colors. The t^lorida at Work.—The following is an extract of a semi-official letter received here yesterday by a late arrival from Bermuda; ‘‘The Florida has recently captured and burned the ('Upper Ships lied Gauntlet, Southern Cross, and Jienjamin Hoxic, the latter with a halfa million of gold and silver aboard. The crews were sent in to Bermuda.— 11 7. Journal, 14/^. iS/iip A.’h ore.—The steamer Kate of London went ashore on Bald Head, 12 miles North of Fort Fisher, on Sunday morning last. Wi-. learu from the Wilmington Journal that Col^ Lamb took 100 sharpshooters and a Whitworth gun to her relief, exposed on the way to a heavy fire from .>ievcn blockading steamers. Eleven shots front, the Whitworth, nearly every one striking, drove oft these steamers from the Kate and from the Colonel’s force, which suffered no loss, though the enejuy fired 800 times. xSorth Carolina C'.isualties.—We have many painful rumors which we do not credit, and there fore will not give currency to them. We may mention, however, a tew which seem to be credit ed, viz: Col. 11. K. Burgwyn, 20th regiment, re ported killed. It is further reported that most of tho ootumis.sloned officers of that regiment arc killed or wounded \ inWKor rcjioit i.s that Col o. II. r'aribault, of the 47th N. C. regiment, is severely if not fatally wounded, and that Jaeut. Col. J. A. Graves and Maj. Crudup of tbe same regimjjut, are killed. Lieut. Geo. Whiting, of the 47tb, is reported killed and Lieut. J. F. Hay wood, of the 5th, is severely though not danger ously wounded, and in the hands of the enCmy. Since writing the above we learn that Col. Burgwyn is not killed. Hu is severely wounded and within our lines. Col. Marshall and Maj. iiichard.son 52d are reported killed, and we re gret exceedingly to learn the rumor that Capt, Cam. T. Iiedell, 47th regiment, is killed, and his brother, Lieut. ’ad. J. Iredell, 1st N. C, cavalry, is severely wounded.—Jial. iState Journal. Milliken’s Bend.—From Gen. M.cCulloch’s of ficial report of his attack ou Milliken’s Bend, it appears that be did capture it, driving the enemy to the water’s edge, under his gunboats. Our loss was 184; the enemy left hundreds dead. Our forces destroyed all the stores not winted by jthemselves, and retired to thci? camp it Rich mond, 8 miles off. They could not hold >iilliken’s Bend, because the gunboats comaianded it. Short ly afterwards they started on another expedition and in their absence the enemy gathered his forces and made a dash on Richmond, and entire ly burned it. Another Great Freshet.—We are again visited with a destructive freshet. Dan River is now higher than it has been since the freshet in 1850. Any quantity ot wheat is seen floating down, and all the oora oa bottoux laad is submerged. MiUon on TIirKSI e havo in r 'I'he extorii of enei'gpi 'c ^ctitn quarter, it is fj the .Mispii!«sipi> any atieniv-t nf The newr> Is could d»sire. present, an i wi uo rea«or ^,'r d to deHpond. A tries at war i:.n meet v, it!i fre“l ranee. It is ih In good tinic wi We give riiuci oveninp f the t The Iti'l.iiii n froni Ocii. Lpp i T/ie letter from ijien’ all anx;o(ie*i i.'i Maryland, and o made, that ou'" n its encouuicr- w letter sta'eM, in i burg resiiltpd ii killing; and w"tn and in thr hj.mi the falling liaok dential m ivp. uu of the eneiii\. d continfteuc’! aJ that p ’ini J'hJ that the s nnri y 1 whipped, tS'iii h that the r ecu it tated by i-ir^r cess of ih- movei'ip* •• in in hi- own ;t" ’d on the way ii. re, tween l -'i.oi i and exceli- Mi cot To Vour U at Wilniinfr'oii. a Whiling, ih — “Ml the oflic Clingman’s Drip- Head Juarler: their respt c: ive N. C. R.mlh>.* the Pre.“idcr.'. T Dual meLiinpr 31st were; Private pa- -i.g* Gov’t pa.^seiig.T? Private freij^iii. Gov’t Eipres ' . Mails, >\.c., Total earning-- Expenses Net earnings The earnine-' ■ . ,\ii 1 than in l’->.j. Twc dividend;^ have been 'ii c.ai wards paying :il pa^sei without an ac ’d at the coininsjnce The tJonipany let, 1 »;7, to f-ay ing fund of ^'21 bonds, and wih i payment of the • creditors wnuld To say nothin great road to th« have been the ct ■ent war if it hai Tuk -ka- t of the legal pl ot pears to u.^, who ■ion of the subjtt jurisdiction, in lawyer and earni ionu lately deiii Justice ; ears'^n PRC-::OTiil).—( tenant Oener-il through Kaleigh *‘Amt what m from a paper tht posed as an “alt federate debt. The above, as nounce a wilful posed uo such m Very well, the Sentinel dei Sentinel itself:- From thi “Let the gove violate the tJons thing as aui-ihe reasc'nable pric end of the war, j in all contracts raise money by of the country; i plan Jan be adoj h»b been cast at the speculator, ^ an cjual footing battles of the co far as the peoplj ed,' we cau bee this kind. It m it all juai where same time it woi old Slal.K money This was a pi erate debt. iv’ 6, and comment then found it cp advocatc repudi between evils. From ti The Fayeiiev for having, as ii the Confederate have dune no at Bition as a la»t •trous' evils. We need say to UH about e;.ai pass for the ii thiok with iM enough to see t of the Confede: that it had dom repudiation is thau the yankei pertj. He wou ■ the W£kT for the consign us as a of repudiating is tn/w • 1, uo tive,’' or hat and orpUi.n; ;hj tion wou.d be of poverty and times has for st rich, and, if th their good nam interest on thei wi»e aad juiiti
Fayetteville Observer [Semi-Weekly, 1851-1865] (Fayetteville, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
July 16, 1863, edition 1
2
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