Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1862-10-10
OBJ Stan6ar1.
VICE PRESIDENT STEPHENS ON MARTIAL

n
VICE PRESIDENT STEPHENS ON MARTIAL
LAW.
We fiEd in the Georgia papers the following let,
ter from Vice President Stephens on the subject oil
Martial Law, with particular reference to the order
of Gen. Bragg, proclaimng Martial Law in Atlanta,
and presumins to constitute military Governor oil
the CITY. The general subject of this letter is now
under the consideration of Congress, and from va
rous causes has recently attracted the attention OF
the public .oco
RICHMOND, Va, Sept S, lo62
Hon. james 81 Calhoun, atlanta, Cd
DEAR SIR:--Your letter of the 2Sth ul%, 70 hon.
RI Hin Was submitted to me by him few days
ago. foritnv views as to the proper answer to be
made te vour several Inquiries touching your pow
ers and duties in the office of civil Governor of At
tERts to which you have been appointed by Gen.
Bragg. i took the letter with the promise to write
Sc YOU fully upon the whole subject. This, there
tore, is the object of my now writing to you. re.
re the delay that has occurred in the fulhlment OF
nv promise Il has been occaSioned by the press
of other engagements and now find my time TOO
short to write as fully as could wish. The SUBJECT
is Of great Importance and this, as well as mat
tors of a kindred sort have given me deep concern
for some time past
am not At al, 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
auy written code of laws to enlighten you upon
them The truth is your Office is unknown to the
law. Gen. Bragg had no 0orc authority tor ap-
pointing you civil Governor of Atlanta, than had;
and had, or have, more authority than eny
street walker in your city. Under his appointment,
therefore you can rightfully exercise more pow
err than if the appointment had been made by
street walker.
We live under a constitution. That constitution
was made for war well as peace. Under that con-
stitution we have civil laws and military laws; laws
for the civil authorities and laws for the military
The first are to be found in the Statutes at Large,
and the latter in the Rules and Articles of war
But in this country there is such thing Martial
Law and cannot be until the Constitution is set
aside, if such an evil day shall ever come upon u.s.
All the law making power in the Confederate States
government is vested in Congress. But Congress
cannot declare Martial Law, which in its proper
sense is nothing but an abrogatiOn of all laws If
Congress- cannot do it much less can any officer OF
the Government either civil military, do it right
. fully, from the highest to the lowest. Congress
may in certain cases specified, suspend the writ OF
habeas corpus. but this by no means lnterteres with
the administration fustice far as to deprive any
party arrested of his right to speedy aud public
trial by jury, after indictment, &c. 1t does not
lessen weaken the right of such party to redress
for all illegal arrest 1t does not authorize arrests
except upon oath or affirmation upon probable cause.
1t only secures the party beyond misadventure to
appear in person to answer the charge and prevent
any preliminary inquiry to the formality or legal
ity of his arrest 1t does not infringe or impair his
other constitutional rights. These Congress cannot
impair by law. The Constitutional guarantees are
above and beyond the reach or power of Congress,
and much more, if it could be, above and beyond
the power OF any officer of the Government Your
appointment therefore, in my opinion, is simply
nudity. You, by virtue of it possess rightful
authnr ifu. md pana he Orde
ing you Civil Governor of atlanta, most pal
pa0e usurpation speak of the act only in legal
and constitutional senSe-not of the motives that
prompted it But a wise people, jealous of their
rights, would do well to remember, Delolme so
we'll expressed it that such acts SO laudable when
we only consider the motive of them, make breach
at which Tyranny will one day enter" if quietly
submitted to long. Now, then, my opinion is if
any one be brought before you for punishment for
selling liquor to soldier any other allegation,
where there is no law against it, no law passed by
the proper law making power either State or Con-
federate, and where, matter of course you have
no legal or rightful authority to punish either by
fine, corporally, &c, you should simply make this
response to the one who brings him or her, as the
case may be. that you have no jurisdiction of the
matter complained Of
A British Queen (Anne) was once urged by the
Emperor of Russia to punish of her officers for
what his Ma esty considered act of indignity to
his dmUdSSduOT 10 ler court LnOugQ the 0t1cer mad
violated no positive law. The Queens memorable
reply was that as she could inflicbEo punishment
upon any, the meanest of her subjects unless war
ranted by the law of the land"
This is an example you might well initiate. For
take it for granted that no one will pretend that
any General in command of our armies could confer
upon you or anybody greater power than the ruling
Sovereign OF England possessed in like cases under
Similar circumstances The referred to in Eng
land gave rise to change of the law. After that
an act was passed exemptng Foreign Ministers from
arrest So with u.s. If the proper discipline and
good order of the army require that the sale of
liquor to soldier by a person not connected with
the army should be prohibited (Which do not mean
to question IN the slightest degree) let the prohlbi-
ton be declared by law, passed by Congress. with
the pains and penalties for violation of it with the
mode and manner of trying the offence plainly set
1Orth Until this is done, no one has any authority
to punish in such cases and any one who under
takes to do 1T is treSpasser and violator of the
law. Soldiers in the SERVICE as well as the officers
are subject to the Rules and Articles of War; and if
they commit any otfense known to the military code
therein prescribed they are liable to be tried and
punished according to the law made for their gov
ersnent If these Rules and Articles of War, or in
other words, if the military code for the government
OF the army is defective in any respect it ought to
be amended by Congress. There alone the power
is vested. Neither Generals nor their Provost Mar
shals have any power to make, alter or modify laws
either military or civil nor they declare what
Shall be crimes, either military or civil or establish
any tribunal to punish what they may so declare.
All these matters belong to Congress and assure
you in my opinion, nothing is more essential to the
&c untenance and preservation of constitutional lib
ey than that the military be ever kept subordinate
to the civil authorities
You then have my views hastily but pointedly
gwen. Yours, most respectfully
ALEXANDER H. STEPHENS
Losses OF NORTH CAROLINA REGIMENTS A COR