American citizen. [volume] (Canton, Miss.) 1851-1863, 1862-10-24

] J. H. enEArHax. =. csc IS A :
! A nj. GURLEr. -. SO 10 III
MARTIAL LAW I'M MILITARY rsIR-
PATTON.
Decisipe Letter nom T7cs- President S,spsrns.
Richmond va. September $. lS6s.
Hon. James NJ. Calhoun. Atlanta. Ca;
DEAR SrR: Your letter ofthe 29th all.
to Hon. B Ii. Hill. was Submitted TO me
by bin a few days ago. for my views as
to the proper answer to be made TO your
several inquiries touching your powers
and duties in the Office of civil governor
of Atlanta, towhieh you have been Zap
pointed by General Bragg. took the
letter with the promise 10 write 70 .you
] fully upon the whole subject. This.
therefore. is the objectof my now writing
to you. l. regret the delay that has
occurred i1the ful6llment Of my promise.
1t has been occasioned By the press Of
other engagements and j now find mr.
tune too short to write as fully as I-could
wish. The subject is one of great ian
portance, and this. as we'll as matters of
kindred sort. have given me deep con
Germ for some time past.
| am not at all surprised at your being
at a loss to know what your powers aud
duties are in your new position. and
your inability to find anything in any
written code of laws to enlishten Won
upon them. The truth is. your office IS
unknown to the law. General Bragg
had no more authority for appointing you
civil governor of Atlanta than l had.
and had, or have. no more authority
than any street walker in your city. Tn
der his appointment. therefore. you can
rightfully exercise. no more power than
lif the appointment had been made By
street walker.
We live under a Constitution That
Constitution was made for war as welt as
peace. Under that Constitution 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 county there i no such thiag
martial law. and cannot be until the Con
stitution is set aside. IL such an evil DAY
shall ever come upon Us. All the las
making powerin the Confederate ) ate>
government i: ed in Congress Bat
Congress cannot declare martial ltw
which in its proper sense Is no'hing bass
an abtogatioa OF ah laws. LII Congress
cannot do it, much less can any officer of
the government either cisil or military.
do it rightfully. from the highest to the
lowest: = Congress may. in certain eases
specified. .benf the writ of L45eas cor
pas but this by no means insefisrrs With
the administration of justice SO Ear TO
deprive any party arrested OF his right
to speedy and public trial BY a jury.
after indictment, etc: 1t does not lessen &
or tweaken the right of such party 70
redress for an illegal arrest. II does not
authorize arrests except upon oath or
affirmation upon probable canse. IL
only secures the party beyond misadven
ture to appear IN person To answer The
charge aud prevent preliminary inquiry
as to the formality or legality OF bis
arrest. 1t does not infringe or impair
his other constitutional rights. These 1
Congress cannot impais hfSe ABOVE and
beyond the reach or power of Congress.
and much more. if il could be. above
and beyond the power of any officer Of
the government Your appointment.
therefore, in my opinion. is simply a
nullity. You. by virtue Of it. possess
no rightful authority and can exercise
none. The order creating you civil gov
ernor of Atlanta was most palpablea
speak of the act enly in a
egai and constitutional sense; not Of The
motive that prompted il. Bat . wise
of their rights. would do
veil to remember as DECLINE SO we'll !
expresses it. that" such acts. SO landable
Then@we only consider the motive of /
hem, make breach at which tyranny /,
sill one day enter" IL quietly Submitted
Q long. Now then. my opinion is. ii ]
ny one be brought before you for pun.
shment for selling liquor 10 soldier.4or I
ny other allegation. where there is no
Az against 1T. no law passed by the I
roper 1aw-making power. either'Ssafe or :
and where. AS matter of
curse. you have no legal or rightful' I
uthority 70 punish either by fine. cor !
Greatly. etc-.syep should simply make
his response 20 tie one~who brings him lai
r her. As thecase MAJ be. that you have ~
0 jurisdic,ionof the matter CON s;asd Eos
Il British Queen (snne) was once {,