Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1864-05-17

The following excellent letter was written by Mr..
Vice President Stephens in 1862, on the subject of
martial law. We published it at the time with our
cordial approval, and we print it again on account
of the great principles of liberty which pervade It's
every line
RICHMOND, Va, Sept s, 1862.
Hon. James H. Calhoun atlanta, g.:
DEAR SIR:-Your letter of the 18th 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 several inquiries touching your pow
and duties in the Office of civil Governor Of At
lanta, 10 which you have been appointed by Gen.
Bragg l took the letter with the promise to write
t. you fully upon the WHOLE subject. This, there
fore, is the object of my now writing to you. | re-
greet the delay that has occurred in the fulment CT
NY 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 one of great importance, and this as well as mat
tiers of kindred sort, have given me deep concern
for some time past
l 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 any thing 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 authority for ap-
pointing you civil Governor of Atlanta, than Had !;
and l had, or have, more authority than any
street walker in your city Under his appointment,
therefore, yos can rightfully exercise no more pow
er than if the appointment had been made by a
street walker
alive under Constitution. That Constitution
was made for war as well as peace. Under that Con-
stltution we have civil laws and military laws; laws
for the civil authorities and 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
La md ha ,pKH h. q,
aside, if such an evil day shall ever come 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 abrogaton of all laws: If
congress cannot do IT. much less can any officer of
the government either civil military dc it right
tully, from the highest TO the lowest Congress
may, In certain cases specified suspend the writ of
hG0eGs corpus, but this by interferes with
the administration of justice far as to deprive any
party arrested of his right to a speedy and public
trial by jury, after Indictment &c 1t. does not
lessen or weaken the right of such party to redress
Tor an illegal arrest 1t does not authorize arrests
excepS upon oath or affirmation upon probable cause.
1t only secures the party beyond misadventure to
appear IT, person TO answer the charge and prevent
any preliminary inquiry to the ofmalitY or legal
atty OF his arrest 1t does not infringe impair his
other Constitutional rights. These Congress cannot
impair by law. The constitutional guarantees are
a62Te and beyond the reach or power of Congress,
and much more, if it could be, above and beyond
the power of any Office Of the government. Your
appointment therefore, in my opinion, is simply a
nullity You, by virtue of it, possess no rghtfu
authority and can exerc Use none. The order crea
ting you CT iii Governor OF Atlanta, was a4nost pal
pa6ie usurpaSon- speak of the act only in lega
and constitutional SeL,Se-nGt of the motives tina
prompted it. But v Use people, jealous of theil
rights, would do leeh ! 0 remember, as Delolme 81
we'll expTessedt tina, =, such acts so laudaoe whoI