The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1862-10-22

AL =
M ,s,' n1d ian 4. Vsss prssidsat ass1hens, on
~. - s srs IL Martial Law wi&h Particular
ssssreose ID tie order Of Gen. Bragg. pro-
claiming Martial Law in Atlaatn. and pre-
suming to constituted military Governor OF
NE city. The general subject cf this letter
4 now under the consideratien of Congress,
and from various causes. has recently at
frActcd Inc attention u thp public
Rieknooa. Va, sept 3, 1862.
yx,a J.ms, M Calaoua, Ailunfa. Gs.
DEaR SIN: Your letter of the 28th ult., to
Hon. B. Ii. Hill. wxs submitted to me by
rim a few DAYS ago, for my views as to the
proper answer 70 be made to yoer several
,nouiries touching your powers aud duties in
the Office az civil Governor IT Atlanta. to
which Won have been appointed by Gen.
Rraec. 1 took the letter with the promise
20 write 10 Won fully upon the whole subject.
This. therefore, is the object ofmy now writ
inc 10 Won. | regret the delay that has oc-
Cured in the frl6ment OF my promise. IL
has been occasioned BY the press Of other en-
placements. and now find my time too short
"a write as fully as could wish. The subs
iect is one of great Importance, and this, as
well az matters Of a 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 Jour inability
10 find anything in any written code Of laws
10 enlighien You upon them. The truth is
your Office b unknown 70 the law. Gen.
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 righaiully
exercise no more power than If the appoint
ment had been made By street walker.
We live under constitution. That con-
siituIion was made for war as we'll as peace.
Under that constitution we have civil laws
and military laws; laws for The civil author
tiles and laws for the military, The first are
to be found in the Statutes atLarge, 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 Con-
stitution is set aside, if such an evil day shall
ever cone upon Us. 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 abrogafion Of all laws.
IF Congress cannot do if, ulnch less can any
officer Of the Government. either civil OF
military, do il rightfully. from the highest to
the lowest. Congress may, IN certain cases
specified, suspend the writ of habeas corpus,
but this BY no means iuterferes with the adj
ministraiion Of justice so far. as to deprive
any party arrested Of bis right 70 speedy
and public trial by 4 jury, alter indictment,
&c. II does moi lessen or weaken the right
of such party 10 redress Tor an illegal arrest
II does not authorize arrests except upon
oath or affirmation upon probable cause. Il
only secsres the party beyond misadsenturs
To appear in person 70 answer the charge AMI
prevent any preliminary inquiry as to IN,
formality or legality ofehis arrest. II does
not infringe or impair his other constitution
al rights. These Congress cannot impair b,
Law. The Constitutional guarantees arr
above and beyond the reach or power Of Con
gress, and much more, If Il could be. above
and beyond the power os<any officer OF th'
Government. Your appointment. therefore
in my opinion, is simply nudity. You, D.
virtue oft, possess no rightful authority, ant
can exercise none. The order creating yo'
Civil Governor Of Atlanta, was a most palpa
bic usurpation. speak Of The act only ~
legal and constitutional sense-not oil th
motives that prompted it. Bat wise PEG
, pie, jealous Of their rights, would do well Z
remember, as Dslolme so wen expressed i
that such acts, 50 laudatIe when we onl.
consider the motive Of then, make a breac
4 at which Tyranny will one day enter"
quietly Submitted to long. Now, then. M
opinion is, il any one be brought before 20
Tor punishment Cor selling liquor to soldier
or on any other allegation. where there IS n
law against il, no law passed by the proPe
iaw-mskIng power, either State OF Confede
rate, aEd where, as matter Of course, 20
have no legal OF rightfuI authority TO punis
sither by kne, eorporally. &C., you sboul
amply make this response to the one VIII
brings htm or her, as the case may be, tina
YOU have no Jurisdiction Vf the matter CON
planned Of 10
A British Queen Anne was once urged b
the Emperor Of Russia 10 punish one Of be
officers TOT what bis Majesty considered a
aet or indignity 10 his Ambassador 70 he