The Day of the Confederacy: A Chronicle of the Embattled SouthStephenson, Nathaniel W. (Nathaniel Wright)
History
The Day of the Confederacy: A Chronicle of the Embattled South
Stephenson, Nathaniel W. (Nathaniel Wright)
Confederate States of America -- History
In the Alabama newspapers of the latter half of 1863 strange incidents
are to be found throwing light on the administrative duel. The writ of
habeas corpus, as was so often the case in Confederate history, was the
bone of contention. We have seen that the second statute empowering the
President to proclaim martial law and to suspend the operation of the
writ had expired by limitation in February, 1863. The Alabama courts
were theoretically in full operation, but while the law was in force the
military authorities had acquired a habit of arbitrary control. Though
warned from Richmond in general orders that they must not take unto
themselves a power vested in the President alone, they continued their
previous course of action. It thereupon became necessary to issue
further general orders annulling "all proclamations of martial law by
general officers and others" not invested by law with adequate
authority.
Neither general orders nor the expiration of the statute, however,
seemed able to put an end to the interference with the local courts on
the part of local commanders. The evil apparently grew during 1863. A
picturesque instance is recorded with extreme fullness by the Southern
Advertiser in the autumn of the year. In the minutely circumstantial
account, we catch glimpses of one Rhodes moving heaven and earth to
prove himself exempt from military service. After Rhodes is enrolled by
the officers of the local military rendezvous, the sheriff attempts to
turn the tables by arresting the Colonel in command. The soldiers rush
to defend their Colonel, who is ill in bed at a house some distance
away. The judge who had issued the writ is hot with anger at this
military interference in civil affairs. Thereupon the soldiers seize
him, but later, recognizing for some unexplained reason the majesty of
the civil law, they release him. And the hot-tempered incident closes
with the Colonel's determination to carry the case to the Supreme Court
of the State.
Public-domain text, read in full here on John Shaqi.
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