The Southwestern Historical Quarterly, Volume 21, July 1917 - April, 1918 Page: 341
434 p. ; 23 cm.View a full description of this periodical.
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Confederate Trans-Mississippi Department, 1863-1865 341
all these prisoners appealed to the state supreme court for release
on writ of habeas corpus. Smith ordered them detained and the
writ suspended in their cases and the military officers under Ma-
gruder took the prisoners from the custody of the court. The
court held that the law of February 15, 1864, did not apply in
this case; that the act even conferred no power on the high offi-
cers, who were authorized to suspend the writ, to take a person
from the custody of the court; that the law did not "forbid or
suspend the issuing of the writ"; unless it appeared from the ap-
plication that relief could not be granted, it should be issued by
the court; and that "it is in all cases the duty of the party, to
whom it is directed to answer it." In other cases, the decisions
rendered were practically the same, especially, in the opinion that
it is the privilege of the court to determine whether the writ can
be granted or not. The criticisms of these courts were directed at
the act chiefly and not at the right of the general to exercise the
functions delegated to him by the act.5"
In Louisiana, a number of citizens were arrested and refused
trial. In both Arkansas and Louisiana several persons were ar-
rested for trading with the enemy and, in some cases, giving him
information. If there were appeals against suspensions of the
writ in these states, they are not shown in the available court re-
ports, but in both these states the Confederate state governments
were greatly limited in the areas of their jurisdiction. There is
other evidence, however, of conflict and protest."
6. Civil Functions Exercised by the Commander
The necessity of exercising certain purely civil functions con-
stituted one of the most difficult problems that General Smith had
to solve. It has been shown that both Richmond and state offi-
cials realized the necessity that the commander exercise some civil
authority; and that when Congress had passed acts establishing
west of the Mississippi branches of the treasury and postoffice de-
partments and authorizing the general to assume the adminis-
trative duties of the war department, the president seemed to re-
"Off. Recs., Series II, Vol. VII, 217-220, and Vol. VI, 560-565; State
vs. ;Sparks, 27 Texas, 627; State vs. Sparks and Magruder, ibid., 705;
Houston Daily Telegraph, April 18, 1864.
"'Dorsey, Sarah A., Recollections of Henry W. Allen, 247.
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Texas State Historical Association. The Southwestern Historical Quarterly, Volume 21, July 1917 - April, 1918, periodical, 1918; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth101073/m1/347/: accessed April 27, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Texas State Historical Association.