Maryland free press., 1862-11-14
yfcr-President Stevens on Martial Law
and Military Usurpation.

To Hon. James h. Calhoun. Atlanta, Ga:
p.Az sI.,-Your letter of the 2sth ult. to
Hen. B. II. Hin, was submitted to me by him
f.v d.vs ago, for my views as to the proper an
',wer to be made to your several inquiries touch
,ro xour pnvsra and duties in the office Of civil
governor Of Atlanta, to which you have been ap'
pointed by General Bragg. I took the letter
with the promise to write to you fully upon the
whole subject. This therefore, is the object of
my now writing to you. regret the delay that
has occurred In the ful6lment of my promise. 1t
has been oceasiousd by the press of other engage
ments, and now find my time too short to write
as fully as could wish. The subject is ono of
great importance, and this, as well asmatter OF
kindred sort, have given me deep concern for
some time past.
am not at all surprised at your being at loss
to know what your powers and duties are in your
new position, and your inability to find anything
iu any written code Of laws to eplighten you upon
them. The truth is, your ofice is unknown to
the law. General Bragg had no more authority
for appointing you civil governor OF Atlanta than
| had and had or have no more authority than
any street walker in your city. Under his ap-
pointment, therefore, you can rigbtfully exercise
no more power than if the appointment had been
made by street walker.
We live under q constitution. That eonstitu.
tiaP tP. Sas made lor w var ~ es HqPPafy qPsay
laws; laws for the civil authorities and laws for
I the military. The FIRST to be found in the
statutes at large, and the latter in the rules and
articles Of war. But in this country there is n,
sunh hing as martial law, and cannot be until the
constitution is set asde--if the law making power
in the Confederate States Government is tsted in
| Cs, gress. But Congress cannot declare martial
law, which, in its proper sense, is nothing but al
abrogation of all laws. IF @ gress cannot do it,
much leas can any officer of government, either
civi or military, do it rightfully, from the high
est or lowest. Congress may, In certain cares
tpeci6ed, suspend the writ of kabeas corpus; but
this by no meanc interferes with the adm nstra,
tion of justice far to deprive any party ar
rested of bis right to speedy and public trial By
jury, after Indictment, SC. 1t does not lessen
or weaken the right of such party to redress for
an illegal arrest. 1t does not authorize arrests
except upon oath afiirma alton upon probable
cause. 1t only secures the party beyond misad
venture to appear in person to answer the charge,
and prevent preliminary inquiry as to the formal
iry or legality of his arrest. 1t does not infringe
or impair his other eonstitutional rights. These
Congress cannot impair by law. The constitu
tionsl guarantees above and hey ond the reach
or power of Congress, and much more, ifit coud
be above and beyond the power of any officer of
the government. Your appointment, therefore,
in my opinion, is simply nullity. You by yir
tue of it, possess rightful authority, and can
rcise none. The order creating you civil gov
ernor Of Atlanta was q most palpAble usurpation.
l speak of the act only in legal and constitu-
tiopal sense not of the motive that prompted it.
But wise people jealous of their rights, would
do we'll to remember, IS De L'homme sn we'll ex
presses it, that "such acts, SO laudable when We
only consider the motive of them, make a breach
at which tyranny will one day enter" if quietly
submitted to lofg.
Now, then, my opinion is, if any be brought be
f,re you for puuisbment for selling liquor to 8
soldier, or any other allegation, where there ia
no law against 1t, no law passed by the proper
law making power, either State or Confedera ate,
and where as Q matter of course you have no
legal or rightfGl authority to punish either by
nne, corp really, &C., you should simply make
this response to the who brings him or her, as
the case may be, that you have no Jurisdiction of
the matter oomplsined OF.
A British QUEEN (Anhe) was onco urged BY
the Emperor Of Russia to punish one of her off
GERS for what his majesty considered an act of
indignity to his ambassador to her court though
the officer had violated no positive law. Tie
Queens memorable reply was that "she could in
fct no punishment upon any-the neanest of her
subjeets-unless warranted by the low of tie
land" This is an example you might well imi-
tate. For take it for granted that no one wi !
pretend that any general in command of our ar
mics could confer upon you or anyb,d dy greater
powers than the ruling sovereign of England pos |
sessss in like csses Under similar circumstances
The case referred to in England gave rise to a
change Of the law. After that an act was passed
exempttpg foreign ministers from arrest So with |
u.s. II the proper discipline and good order of
the army require that the sale of liquor to SOL
dier by person not connected with the army |
should be prohibited (Which do not mean to
question in the slightest degree let the promo
ton be declared BY law, passed by Congress, with
the pains and penalties for violstion of It, with
the mode and msnner Of trying the of nse plainly |
Bet forth. Until this is done no one has any au. |
thority to punish in such cases and any one W ho
undertakes to do 1t is tresspa asSer and viola or
of the law. Soldiers in the service, as we'll as
the officers, are subject to the rules and articles
OF war, and If they commit any offence known to |
the m'lit ry code therein prescribed, they are |
liable to be tried and pun shed according to the |
Ia" msue LOT their government. Ii these rules |
and articles of war, or, In other words, If the
military code for the government of the army is
defective in any reepeot, it oagbs 20 bo amended
by Congress- There slsne the power 10 Vested
Neither generals nor their provost narsbas bave
any power to make, alter modify laws either
military or civil, nor can they declare what shall
be crimes, either military or civil, or establish
any tribunal to punish what they may so de-
clare. All these matters belong to Congress, aud
l assure you, in my opinion, nothing is more es-
sentisl to the maintenance and preservation of
constitutional liberty than that the military be
ever kept subordinate to the citi. authorities
You then have my views hastily but pointedly
given. Yours most respect ully,
ALEx. Il SrRPEENs
IMPORTANT TO GRAIH DHAbERs.-The Commits.
sOnsr OF r. venua daoidea Lhst a nerson N hn hui