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


Law and the Occupations Of the Military
over the Civil Power. For the last few
months the tendency towards absolute
despotism, under the plea Of "mfiIary
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 a struggle beyond the end Of
which in the field lie serious difficulties
and dangers-a political revolution which
is to shake the Confederacy 10 its foun.
dations-and it is well there are a few
leading ard sleepless minds, like ALExAY-
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 despotism is rendered dou.
bly, easy. God forbid that we should
emerge from the FIRE aud food NOW npon
us to find ourselves in state of vassal-
age and tyranny nolesS abhorrent and in
tolerable to our manhood than the one
tG escape from which we are sacrificing
every thing but honor.
The letter appeared in the Atlanta
C0yederacy of Saturday last
RICHMOND, Va, Sept. s, 1862.
Hon. James II. Calhoun, Ataam, Ga:
DEAR SIR: Your letter of the 2Sth ult.,
to Hon. B. II. Hill, was submitted TO ME
by him 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
ed by Gen. Bragg. ! took the letter with
the promise to write to you fully upon the
whole subject. This, therefore, is the OBJ.
ject of my now writing to you. regret
the delay that has occurred in the fulfill
ment of my promise. 1t has been coca,
stoned by the press of other engagements
and now find my time too short to write
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.
thority 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 appoint
ment. therefore, you can rightiully exer-
else 10 more power than if the appoint
ment had been made by a street walker.
We live under a Constitution. That
Constitution was made for war as well as
for peace. Under that Constitution we
have civil laws and military laws; laws
Tor the civil authorities and laws for Vie
military. The FIRST are 10 be found in the
Statutes at Large and the latter in the
Rules and Articles of War. But H. 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-makng pow
er in the Confederate States Government
4 vested in Congress. But Congress can
not declare martial law, which in its pro-
per sense is but an abrogation of all laws.
If Congress cannot do 1t, much less can
any officer of the Government, either CT
vii or military, do rightlully from the
highest to the lowest Congress may, in
certain cases specified, suspend the writ
of HaJedS Corpus, but this by no means
interferes with the administration Of jus
tice so far as to deprive any party arrest
etl of his right to a speedy and public
trial by a jury, after indictment, &c, 1t
does not lessen or weaken the right of
such party to redress for an illegal arrest.
IL does not authorize arrests except upon
oath or affirmation upon probable cause.
1t only secures the party beyond misad-
venture to appear in person to answer the
charge and prevent any preliminary in
quiry as to the formality or legality OF his
arrest 1t does not infringe or impair his
other constitutional rights. These Con
gress cannot impair by law. The Consti.
tutional 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 Govern
ment. Your appointment, therefore, in
my opinion, is simply nullity. You, by
virtue of it, possess no rightlul authority;
and can exercise none. The order Gre
ating you Civil Governor of Atlanta was
a most palpable usurpation. | speak Of
the act only in legal and constitutional
sense; not of the motive that prompted it.
But wise people, jealous of their rights,
would do well to remember as Delomle so
well expresses it, that "such acts, 50 lau
dable when we only consider the motive
OF them, make Il breach at which Tyran-
NY viii one dav enter" if quietly submit
ted to long. Now then, my opinion is, if
any one be brought before you for punish
msut for selling liquor to a soldier. or on.
any other allegation, where there is no
law against it, no law passed by tho pro
per law-fnaking power, either State or
Confederate, and where as matter Of
eourse you have no legal or rightful GU
thority 10 punish either by fine, cyrpu
really, &c, you should simply max 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.
British Queene (Anne) was once urg-
ed by the Emperor of Russia to publish
one Of her officers for what his Mgjcsty
considered an act Of indignity to his AM
bassador to her court, though the officer
had violated no positive law. The Queens
memorable reply was that "she could in
Aict no punishment upon any, the mean
est Of her subjects unless warranted by
the law of the land" This is an exam
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