Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1864-05-18


Vice President Stephens in 1852, 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 is
every line =
... :. RICHMOND, Va, Sept. 8, 1862.
Hon. Janaes Al. Calhoun, atlanta, Co.:
DEAR SIR:-Your letter of the 2Sth ult., to Hon.
b. ID. 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
ers and duties in the Office of civil Governor Of At
lanta, 10 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 re-
greet the delay that has occurred in the fulment of
MY promise 1t has been occasioned by the press
OF other engagements, and now find my time too
short to write as fully could wish The subject
is one Of great importance and this as we'll as mat
tiers OF kindred Sort have given me deep concern
for some time past
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 anything 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 had, or have, no more authority than any
street walker in your city. Under his appointment,
therefore, you can rghtfully exercise no more pow
er than if the appointment had been made by a
street walker. E@2
Welive under Constitution That Constitution
was made for war IS well peace. Under that Con-
stituton We have civil laws and military laws; laws
for the civil authorities and laws for the military
The frst 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 Martial
Law, and cannot be until the Constitution is set
aside. if such an evil day shall ever come upon u.s.
All the aw-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 can any officer of
the government, either civil or military do it right
fully, from the highest to the lowest Congress
may, ia certain eases specified suspend the writ of
ha0eas corpus but this by no means interferes with
the administration of justice SO far to deprive any
party arrested of his right to speedy and public
trial by jury, after indictment, &c. 1t does not
lessen Or weaken the right of such party to redress
for an illegal arrest 1t does not authorize arrests
except upon oath or affirmation probable cause
fteny secures the party beyond misadventure to
appear m person to answer the charge aud prevent
ahyAfNimnary inquiry as to the formality or legal.
ms arrest 1t does not infringe or impair his
otheS constitutional rights These Congress cannot
impair ey law. The constitutional guarantees are
above ana beyond the reach or power of CAgress.
and much more, il it could be- above and beyond
the power qsifuy officer of the government. Your
app ointmeHs ~.efore, in my opinion, is simply q
nullity. You bf: virtue Of It. possess no rightful
authority; aad car exercise none. The order crea,
ting you civil Governor of Atlanta, was most pal
pable usurpston. TSpeak of The act only in lega
and constitute uai sslSe mot Of the motives tina
prompted it. BIT . vie people, jealous Of thei
riphts would do we'll to. remember, as Delolme 81
well enpresscdit til 1t "sncs acts 80 laudable whe'