Page:A Compilation of the Messages and Papers of the Confederacy, Including the Diplomatic Correspondence, 1861-1865, Volume I.djvu/290

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Messages and Papers of the Confederacy.

pension of the writ of habeas corpus, all civil jurisdiction (with the exceptions specified) was also suspended.

But the criminal jurisdiction of the ordinary courts has been in no instance interfered with; their action in all such cases being regarded as an assistance, and not an obstacle, to the military authorities in accomplishing the purposes of the proclamations.

The authority to suspend the writ of habeas corpus having expired by the limitation set in the act approved April 19, 1862, I have only to add that the writ is now nowhere suspended by action of the Executive.

Jefferson Davis.

Richmond, Va., Oct. 10, 1862.

To the Senate and House of Representatives.

I herewith transmit a communication from the Secretary of War, relative to offices created and vacancies occurring during the session of Congress.

It is probable that some of the offices mentioned will be filled before the Congress adjourns. With regard to others, the alternative presented is an executive session of the Senate after the time now fixed for the adjournment of Congress, or the passage of an act such as that suggested by the Secretary of War.

I invite your special attention to the subject.

Jefferson Davis.

Executive Office,
October 10, 1862.

To the Senate and House of Representatives of the Confederate States of America.

The importance, it might properly be said necessity, of a measure which has heretofore been recommended induces me at this time to renew the request for your attention to the want of some provision by which brigadier and major generals may be appointed when, by the casualties of service, commanders of brigades and divisions have become temporarily disabled.

Under the law as it now stands, if a brigadier be wounded the command of a brigade devolves upon the senior colonel, who may or may not be competent for such command, but whose