The Athens post. [volume] (Athens, Tenn.) 1848-1917, 1862-10-03
Martial Law-Letter. from Vice
President Stephens.


We are certain very large majority
of our readers will thank us for publish
ing the letter below, from Vice President
STEPHENS, upon the subject Of Martial
Law and the Usurpations Of the Military
over the Civil Power. For the last few
months the tendency towards absolute
despotism, under the plea Of military
necessity" has been rapid and alarming;
and at this time the civil law, in many
places; stands paralyzed and dumb be.
fore the arrogant front Of military as.
sumption and domination. We are pass.
ing through struggle beyond the end of
which in the field lie serious difficulties
and dangers--n political revolution which
is to shake the Confederacy to its ,foun-
dations-and it is well there are few
leading ard sleepless minds, like ALExAS.
DER II. STEPHENS, jealousy watching the
current of events, and ready to throw
themselves into the breach to rescue and
preserve the priceless boon of civil and
constitutional liberty. In seasons Of pro-
found peace, power is always stealing
from the many to the few; but at pc.
Rod like. the present, when the people
are absorbed in the one paramount idea
of whipping the enemy and enthused and
carried away by the pride, pomp, and cir
cumstance of glorious war, the TRANSITION
from liberty to despetism is rendertd dpu.
bly, easy. God forbid that we should
emerge from the fire and flood now upon
us to find ourselves in state Of vassal.
age and tyranny no less abhorrent and in
tolerable to our manhood than the one
to escape from which we are sacrificing
every thing but honor.
The letter appeared in the Atlanta
Covederacy Of Saturday LAST
RICHMOND, Va, Sept. 8, 1862.
Hon. James NJ. Calhoun, Atlanta, Ga:
DEAR Sir: Your letter Of the 26th ult.,
to Hon. B. II. Hill was submitted to ME
by him a few days ago, for my views as to
the proper answer to be made to your sew
eral inquiries touching your powers and
duties in the Office of civil Governor of
Atlanta, to which you have been appoint
Gu ny btU. oidSRs ioOh VIC lStttii WIFI
the promise to write to you fully upon the
whole subject. This, therefore, is The oh.
ject of my now writing to you. regret
the delay that has occurred in the fulfill
ment OF my promise. 1t has been occa-
stoned by the press of other engagements
and now find my time too short towrite
as fully as could wish. The subject is
one of great Importance, and this, as we'll
as matters 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 in any written
code of laws to enlighten you upon them.
The truth is, your Office is unknown to
the law. Gen. Bragg had no more au.
tbority for appointing you civil Governor
of Atlanta, than l had; and l had, or
have, no more authority than any street
walker in your city. Under his appoint
ment, therefore, you can rightfully exer-
else no more power than if the appoint
ment had been made by street walker.
We live under Constitution. That
Constitution was made for war as wen as
for peace. Under that Constitution we
have ciyil laws and military laws; laws
for the civil authorities and laws for the
military. rhe nrst are 70 De Iounu IN the
Statutes at Large, and the latter in the
Rules and Articles of War. But iE this
country there is no such thing as martial
law. and cannot be until the Constitution
is set aside. if such an evil day shall ever
come upon us. All the law-making pow
or in the Confederate States Government
is yeste6 in Congress. But Congress can.
not declare martial law which IN its nro.
ner sense il bnt an abropation of ali laws.
| Fl Conoress cannot do II. much less can
anv officer of The Government. either CT
vii or military do Il rightfullv from the
highest to the lowest. CONGRESS NAV. in
certain cases snecified. suspend the writ
of Hobeos Cn,n,,s hut this bv NO means
;nterferes viii the Recommendation of ius.
t;ce 90 far as To denrive anv Marty arrest.
ed of his right to speedy and public
trial Inv n inrv. after Indictment. &c. II
does not lessen or weaken the right of
such narty to redress for an illegal arrest.
II does not authorize arrests EXCEPT. upon
oath or Affirmation uron probable cause.
If onlv secures the party beyond misad.
venture IA annear in person To answer the
cbaroa and nrevent anv nrel;miparv in.
on;ry "a to the formality or legality Of his
arrest II does not infringe or imnair his
other constitutional rights, These Con.
oress cannot impair bv law. The Consti.
fnt;onol onarontees are above and bevond
the reach or mower of Congress. and much
more. if it could be, above and beyond