The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1862-10-04

Ncs-presidrnt stephens es NIarsiai L1rw. !.
sasa Hfagg recently declared mast.al law ii AZ
laasa, Ga, sud arpeiated Hon. Jamss M t:slbonn
Military Gnvernar of tina rssy bus Nj Csihoau,
doubtful ef hls porers, aonght the counsel Of Hon.
TIE las.srsreply we ticd in the Southern Cnnfsas.
rrfa
r,rHIoND. VA. Sept. Z, 1862
Hon. JaAss III. CisaoHs, Aslsnta, Ga:
Dear Sir. Yonr latter of The 18th u,t. il Hon Il.
4. II Hill, YVES submitted to me hy him few da7s
aSo sov NY view1 "a 10 the proper answer 10 be
i-hfe 10 yolr aafsra' la1usfss touching your paw
ers s.d issiiea In lhe oire os Civil Gf Ar
snla, to Thica you hare hsan appointed by Efea
Brssg toeK the letter with the promise 70 Hrfse
ioy0a iiiiiT upon The s,hal. subject. TITS there
FORE Is the naises Of my now writing to ron. { Ss
sfe fEe dsiay thai has occurred in The fsifslHent
Of my promise. ii has been eccessoned by the
lcogs of other sagagsuents, and 1 new find my
siris TOO short to write fully a. could x. Ths
,bjert is Of great importance, and fhis as well
sg matters of kindred sort, hsve given 1as deen
concern fer some time past
am nat q: all surprised ct your teing at S loss
to know whgi your powers and duties are in yorr
new POSITION, and your inability to sla anything
II sDy written code OF lsrs cniis sLten you npnl,
ri'e sha truth is ynur Office Ia unknown to the
lax. Gen Bragg had no more authority for APP
poiailag yoH civil Governor of Atlanta than had :
sDai had, or have 10 gfore authority tlaQ any
s,-tSs HitfhSt III J1slf t:fy. $ tNGSf HiS 3pp0tnt
G.r,it. tners.orr, you can fishtsuisy exercise ro
aiora sss1sr than II tie aprd1tsisnr had been
hlaaaLy sssfraat wsis 81.
We iha s1Edsr i Constitution. Z hat Corstitu
4 I,b FS4s aAssie tS.4 - 81 eli peace. Under
tlat Gtsssl.tiau iSa3 ess i. laws and military
iaws5 tavs iOr the aeisn ani nihartiss and laws for
tsiS nj YheSf fss are Ia be f0ua.a. Ia tha
statutes y. Large, and the latter In sha Rules and
Arti..ea az War. Bnt In this conntey there is No
aneh shins uarf isl aH, and eaGno. be until the
Cons utian Is SCI aside Tguch evil aey shall ever
come npoD hs. All law making power in the Con
}ederate States aoyernment is Yes ts! in CengrssA
/ bnt Congress cannot declare martial law, which, In
is proper sense is nothing bat abrogstiSn Of a
laws. 1t Congress cannot do it, much less eau any
officer of the Government e;t her civil military do
IL rishtinlly, from tie highest tue lowest Con
grrss may, III certain specified, suspend the
TfIt Of @G5edS cofpaS but this by Means inter
erss with tie ad Illustration of justice ir az to
deprive any party arrested OF his right 10 speedy
and pghiic tria, by jury, after Indie tmeEt, &C. Il.
iLfs n0t lessen or weaken tt9 right of such party
10 redress for III !aga; arrest. it does not althoF-
iza arrests eA"-:'. aDon oath or Affirmation upon
probable cause. 1t only secures the party beyond
.D!a.;!Vcn'ETs 10 :OpeGF IN person TO tbs.
charge Gni pre vent sug preliminary inquiry a. 10
to formally "a legality ct his arrest Il does not
infringe impair bis other constitutional rghts
Ihe.a Congress cannaf impair by law.
| 1 he constitutional guarantees above hnd be
yooi 5he fegeA OF power Of Congress, and much
oIe, if 4 >..Id be, shove and beyond the power OF
any Tficer OF In" Government. Your appoint.
ent, therefore, III my cplni6nj is simply Eu!ty.
fou, by virtue OF IL possess no riEhtful authority
ac.i cau exercise ione The order creating YOU
civil Governor OF Atlanta q most peiratle
GsugpatoD, isp2ak of the act only in le gal and
cSD-t i0rai sense: not OF The Enctiye that prorrt-
cd it. Bat wise pecpc. Jealous of their rights,
would DO we'll - remember. as Deiorne well ez
pressed il, thst 'SUch acts 40 laudabie when we
only consider ua motive OF them, make breach at
a.t'.h iycanny will one day enter, il quietly sub.
uitsd 20 long. Now, thor my opinion is Il any
he Brought before you punishIlant for sell
inr liqnor 10 soldier any other allegation
where thtra is 10 law aga.ns. it, no law passed by
tae proper Law making power, either State or Con.
federats aI,a hare. al matter of course, yoil
have 90 iegs rightful authority punish either
by fine, carporoay, &C., yGli should simply make
tas response 10 the one who brings him or her an
the case may be- that yen have no Jurisdiction OF
tks matter complained OF
4 British Queen (Anne) was once urged by the
ampaTcr OF Russia 10 punish one os her officers for
vi p. his Mai ssy considered aa OF iIdisuily TO
his Ambassador 20 hef Co;r though tie officer had
violated 40 pnaitive Law. 1ts Queens memorable
reply YVES tbs. "she coud nfcf no punishment
ipc any the y;eanest OF her s.blscts Inles5 war.
rented hy ne las of tha land"
IEis IL ga example you might well initiate For |
take it Ger g5a.;ted that 10 ons viii pretend that
t,iy Oebet.s in command OF cur srrcss could con
ser ai.oIs yot or anybody greater powers tina the
Ruling Soverosgn og England processes in like
cases ucdsr 5!Enitar circumstances The case refer.
red 70 IN England gavr riso TO change of the law
: irer that, an aat was passed eSeMptiag foreign
.1Di@tar6 tfo.a arrest. So with ua IL the proper
discipline s2l good crler OF the army require ihst
tie sale Of ilqao- 10 soldier by person not con-
neetad with the srnY shonld be prohibited (Which
do BoJ mean to question Ia the slightest degree }
lot the prohibition be declared by Law, passed by
Congress, with tba pains and penalties for viola.
lion Of It, with the mode and manner of trying the
otiaGra plainly set forth Until ths Ii done. no one
bas any authority to punish In ssch cases; and any
enc who undertakes 10 do it Is trespasser and 3
y;ole.or Of the law.
soidera III the service. we'll the ciiieers are
slbjset Ia The Eulea and Articles of War aud IL
they commit any offsnce known 10 the military
code ihaEsa prescribed. they liable TO be tried
ana plnisisd according 10 the law made frr .heiI
government. Ii these husas snd Articles of War
or N other words, II he military Gods :or the gov
>raIna q the nFnay Ia dafscive in any respect 1t
ought 10 ba easen5ed hy Congress. There alone
Fhs s'c.9 Ar Is Vested Esifhsr Generals nor thsir
Provost Mssshais have an, power to make, slter,
or 7a.sify lss either military ciyi. or establish
any tribunal to pstnish what the; may 80 declare
AL taes" matters belong 10 Congress ard assure
yon in my cpiniGn nothing ss more essentiatto the
maintenance snd preservation OF constitutional lib-
aftY than iaa the military ba svsr kept suboTdi-
na.e % the civil authorities
I"i then have my views hastily bat psiniediy
given. yours, most respectfully.
AIFxAsDEa II. sTEpHFNs