Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1862-10-15
Tbt Stanbar1.

Gbt Stanbarn
VICE PRESIDENT STEPHENS ON MARTIAL
LAW.
We frd in the Georgia papers the following let
ter from Vice President Stephens, the subject Of
Martial Law, with particular reference to the order
Of Gen. Bragg, proclaimng Martial Law in Atlanta,
and presuming to constitute military Governor of
tae city. The general subject Of this letter is now
uuder the consideration of Congress, and from va
eous causes has recently attracted the attention of
the public
RICHMOND, Va, Sept s, 1862.
Hon. james H. Calhoun, Atlanta, Ga:
DEAR IR:-Your letter of the 2Sth ult., to Hon.
B. H. Hill, was submitted to me by him few days
ago. for my views as to the proper answer to be
made to your several inquiries touching your pow
and duties in the office Of civil Governor of At
lanta, to which you have been appointed by Gen.
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 l re-
greet the delay that has occurred in the fufment of
my promise. It has been occasioned by the press
of other engagements, and l now find my time too
short to write as fully as could wish. The subject
is Of great importance and this as we'll as mat
ters of kindred sort, have given me deep concern
for some time past.
am not at al! surprised at your being at loss
to now what your powers and duties are in your
position, and your inability to find anything in
any written code of laws to enlghten you upon
them The truth is your Office is unknown to the
law. Gen. Bragg had no more authority for ap-
pointing you civil Governor of Atlanta, than had
and had or have, no more authority than ehy
street walker in your city. Under his appointment
A. llv M m
or than if the appointment had been made by
street walker
We live under constitution. That constitution
was made for war well as peace. Under that con-
stitution We have civil laws and military laws; laws
for the civil authorities and laws for the military.
The st 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 such thing as Martial
Law, and cannot be until the Constitution is set
aside if such evil day shall ever come upon u.s.
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 abrogation of all laws If
Congress cannot do it, much less any officer OF
the Government either civil military do it right
fully, from the highest to the lowest Congress
may, in certain cases specified suspend the writ of
habeas corpus but this by no means interferes with
the administration ofjustce so far to deprive any
party arrested of his right to speedy and public
trial by Jury, after indictment, &c 1t does not
lessen weaken the right of such party to redress
for an illegal arrest 1t does not authorize arrests
except upon oath affirmation upon probable
1t only secures the party beyond misadventure to
appear in person to answer the charge and prevent
any preliminary inquiry to the ormality legal
ity of his arrest 1t does not infringe or impair his
other constitutional rights. These Congress cannot
impair by law. The Constitutional 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 Government. Your
appointment therefore, in my opinion, is simply a
nudity. You by virtue of it, possess no rghtful
authority; and can exercise none. The order Great
ing you Civil Governor of Atlanta, was most pal
pabe u,urpation. Ispeak of the act only in legal
and constitutional sense-not of the motives that
prompted it. But wise people, jealous of their
rights would do well to remember, as Delolme so
well expressed it. that "such acts so laudabe when
We only consider the motive of them, make breach
at which Tyranny will one day enter" if quietly
submitted to long Now, then, my opinion is, if
any one be brought before you for punishment for
selling liquor to soldier any other allegation,
where there is no law against it, no law passed by
the proper law making power, either State or Con-
fcderatc, and where as matter of course You have
no legal or rightful authority to punish either by
fine, corporally, DC, you should simply make this
response to the one who brings him or her, as the
JURISDICTION
matter complained of.
A British Queen (Anne) was once urged BY the
Emperor Of Russia to punish one of her officers for
what his Majesty considered an act of indignitv to
his Ambassador to her court though the officer had
violated no positive law. The Queens memorable
reply that "she could intlict 70 punishment
upon any, the meanest of her Subjects unless war
ranted Dy the law Of the land"
This is an example you might we'll initiate For
I al for ptal hat,
any General in command ofour armies could confer
upon you or anybody greater power than the ruling
Sovereign of England possessed in like cases under
similar circumstances. The case referred to in Eng
land give rise to change of the law After that
act vas passed excmpting Foreign Ministers from
arrest So with US. If the proper discipline and
good order of the army require that the sale of
liquor to soldier by person not connected with
the army should be prohibited (Which do not mean
to question in the slightest degree) let the prohlb
ton be declared BY law, passed by Congress, with
the pains and penalties for violation of it. with the
mode and manner of trying the offence plainly set
1orth Until this is done, no one has any authority
to punish in such cases; and any one who under.
takes to do it is trespasser and violator of the
law. Soldiers in the service, well as the officers
are subject to the Rules and Articles of War; and if
they commit any offense known to the military code
therein prescribed they are liable to be tried and
punished according to the law made for their GOV
ernm mt If these Rules and Articles of War or in
other words if the military code for the government
OF the army is defective in any respect it ought to
be amended by Congress There alone the power
is vested Neither Generals nor their Provost Mar
shals have any power to make alter or modify laws
either military or civil nor can they declare what
Shall be crimes either military or civil or establish
any tribunal to punish what they may so declare
All these matters belong to Congress and assure
you in my opinion nothing is more essential to the
maintenance and preservation of constitutional lib
erty than that the military be ever kept subordinate
to the civil authorities
gu then have my views hastily but pontedly
gwen. Yours, most respectfully,
ALEXANDER H. STEPHENS.
LOSSES OF North CAROLINA REG1xENrs.-A cor
respondent of the Richmond Wing, writing from
1cie June ago saw statement copied into the
" ma from Southern nopor -, A.