War of the Rebellion: Serial 115 Page 1550 PRISONERS OF WAR, ETC.

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that it would be far better for every man, woman and child that treads Southern soil to go under the sod sooner than to submit to Yankee domination. No, never! I am for fighting on and fighting ever, and hold that our subjugation is an impossibility if every man as animated with the same spirit that you and I possess. I write in the greatest haste, without reviewing my letter, in order to get it off before the mail closes.

Truly, yours,

WM. F. LEARK.

An early response is asked as they are pressing the subject for a vote.

Case of Assa Hodges.

Asa Hodges, a private citizens of the Confederate States of America, was arrested by the orders of Brigadier-General Adams and is now confined as a felon in the dungeon of the common jail in the county of Lowndess and State of Mississippi. The prisoner is not a soldier, nor did the case arise in the land or naval forces or in the militia when in actual service in time of war or public danger. He was at the time of his arrest and imprisonment engaged in the pursuit of his lawful business and has been deprived of his liberty for an indefinite length of time at the pleasure of the commanding general without due process of law and upon the order of a military officer. It is contended and submitted:

First. That no offense known to the Constitution and laws has been charged against the accused, but that he is imprisoned upon a general suspicion of disloyalty and upon some vague, intangible and indefinite accusation.

Second. That said officer has no power or authority to try such a charge or to prefer such an accusation or to make such an arrest or to make such an order.

Third. That the officer or court has no jurisdiction in the premises and that the proceedings are without lawful authority.

Fourth. That the proceedings are wholly irregular and void.

Fifth. That the evidence was wholly insufficient to support the finding and judgment of the court and was inadmissible to support such an accusation.

According to the Constitution:

Treason against the Confederate States shall consist only in levying war against the more in adhering to their enemies, giving them aid and comfort. No persons shall be convicted of treason unless upon testimony of two witnesses to the same overt act or on confession in open court. (Const., art. 3, sec. 3.)

By the ancient common law it was left very much to discretion to determine what acts were and were not treason. *

The evidence of the witness, Mr. Humphreys, upon whose single testimony the accused has been condemned, is in an eminent degree liable to these very objections. He was engaged in lengthy argument and controversy of several hours with the accusey sanguine and hopeful man, and a very warm politician, so much so that upon a mere introduction to a stranger he carried on a discussion for hours upon the different topics mentioned in his deposition; he not only does not give the various arguments employed in throwing light upon the subjects, but does not give the language or words used in any instance.

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*Here follows a long constitutional, legal argument which is omitted.

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