Martial law — Penalties under it.
Messrs. Moore and Handly, citizens, who were tried by a Court-Martial in Petersburg, a few weeks since, have been released from the punishment to which they were sentenced for selling whiskey; but the liquor, as will be seen from the following letter, communicated to R. R. Collier, their counsel, may be confiscated to the Government. The order is addressed to Major- General French, commanding at Petersburg:
Adj't and Ins. General's Office,
Richmond, Nov. 23, 1862.
General:
The case of Wm. H. Moore, and the question involved in it, have been carefully reconsidered, and I am instructed [to] say that the directions of the President conveyed in my letter of the 15th instant, will be carried into effect.
Richmond, Nov. 23, 1862.
General:
The same difficulties present themselves in the case of Mr. Handly, who was tried by a Court Martial at Petersburg in October last, and the President directs that the decision in the case of Moore be applied to that of Handly.
The Articles of War provide for the trial of officers and soldiers of the army for military offences. No civilian can be tried by a court-martial under these articles except in the cases of camp followers and retainers to the camp, &c., (see articles 60 and 96) or in cases provided for in articles 56 and 57 and the 2d section of article 101. Where citizens of the Confederacy offend against the military rules and orders the only remedy is to place them in confinement, or send them beyond the limits of the military command.
General Order No. 11, on which your action was probably based, was issued in consequence of the President's proclamation; but the authority for the latter having expired by the limitation contained in the act of Congress, approved April 19, 1862. some modification of the order will now be necessary. In the meantime, although the power to arrest offenders continues in the Provost Marshal until the order is revoked, action under the 14th paragraph, requiring them to be punished by sentence of a Court-Martial, should be suspended until more definite instructions are communicated.
Messrs. Moore and Handly must, therefore, be released from the sentence of the Court, but the contraband liquor may be destroyed or confiscated to the use of the Government.
