The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1862-11-08
slashriIIs Atuiou.
Published By an Assoei0tiou Of Printers,
office ON Printers, GsisT, sstvsecp
Union and Deadcrfck streets.
sArURDAY MoaNIAc. Nov. 5. Isoa
News from the South-Viee Presi-
dent Stephens on Martial Law and
Military Usurpation.
RIcHwoND, Va, September s

Military Usurpation.
RIcHSoxD, Va, September s.
! 10 Hon. James L. Calhoun, Atlanto, Ga:
DEAR SIR: Your letter of the 28th ult
70 Hon. b. II. Hill, was submitted 10 me
by him few days ago for my views as
TO the proper answer to be made 10 your
several inquiries touching your powers
and duties in the Office Of civil Governor
| of Atlanta, TO which you have been ap-
pointed by General Bragg. / took the
letter with the promise to write to you
fully upon the whole subject. This, there
fore, is the object of my now writing TO
you. regret the delay that has occurred
in the fulfillment OF my promise II 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 one of great Importance,
and this, as well as matters OF kindred
sort, have given me deep concern for some
| time past.
am not at all surprised al 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. General Bragg had
no more authority 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
appointment therefore, you can rightfully
exercise no more power than If the ap-
pointment had been made by street.
walker.
We live under a Constitution. That
Constitution was made for war as well
as peace. Under that Constitution we
have civil laws and military laws; laws
for The civil authorities aud 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 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-makiDg 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. III Congress
cannot do IT, much less can any officer
OF the Government, either civil or military
do it rightfully, from the highest to the
lowest. Congress may, in certain cases
specified, assume the writ of ha6eas cor
buS; but this by no means interfcres with
the administration of justice so as to de-
prive any party arrested Of his right 10
a speedy and public trial by jury, after
indictment &c. II does not lessen or
1 L.. n.
for an illegal arrest. 1t does not author
ize arrests except upon oath or afRrma-
ton upon probable cause. 1t only Sc
cures the party beyond misadventure to
answer the charge and prevent prelimi-
nary inquiry as 10 the formality or legali-
ty Of his arrest. II does not infringe or
impair his other constitutional rights
a These Congress cannot impair by
0 law. The constitutional guarantees
9 are above and beyond the reach OF
3 power Of Congress, and much more,
If il could be, above and be-
yond the power of any officer OF
the Government Your appointment,
:, therefore, in my opinion, is simply a
nullity. You, by virtue of IL, possess no
= rightful authority, aud can eecrcise
. none. The order creating you Civil Gov
9 ernor at Atlanta, was a most palpable
3 usurpation. speak Of the act only in
Q legal and constitutional sense not OF
2 the motive that prompted it. But q
Q wise people, jealous of their rights,
9 would do we'll 10 remember, as Deloims
o so well expresses it, that "such acts, SO
Q laudable, when we only consider the mo-
3 tive of them, make q breach at which
!. tyranny will one day enter" IL quietly
}, submitted to long.
n Now, then, my opinion is, il any one
be brought before you for punishment
q for selling liquor TO a soldier, OF any
other allegation, where there is no Law
u against 1t, no law passed by the proper
law-making power, either State or Con-
federate, and where, as q matter o.
course, you have no legal or rightful au
y thority TO punish either by fine, corpO
really, &c, you should simply make thi
response 70 the one who brings him OF
% her, as the case may be, that you hav'
. no jurisdiction of the matter complain
'o ed Of
A British Queen (Anne) was once urge
g. by the Emperor Of Russia TO punish on
of her officers for what His Majesty con
sidered an act Of indignity 10 his En-
Ae bassador 10 her Court, though the office
TO had violated no positive law. Th
Queens memorable reply was that "sh
could infiiet no punishment upon any
the meanest Of her subj wai