Year: 1862

JE,7. Jan,s, M Caltoun. Aaantd. Co.,

 nr,p s,p your letter of the 2sth ult to Hon H. Hl

 was submitted to me hy him few days ag9 for my Ve"s N to the proper to be made to your several hqn 4oucbing your power and duties Tn the once oi cV 9oer nor of Atlanta to which you haye been "ploea "t n Bragg took the letter with the promise to wrlte 70 yoh fully upon the whole subject rms thtteoF is 'e oec of my writing to you regret the delhS th't mas orrnTrei in the ulfment of promise It has been oc

 soned y the press of other engagements and nov find my time too short write fully as Could wish. The subject of great importance and ts as well as ha t of kindred sort have given me deep concern for some

 n ot at All surprised at your being a loss to know

 what your powers and duties in new position and

 Inability 10 find anything in any written code of laws 60 eighen you upon them The truth ls your olheis u- Known to the law Gen Bragg had authority for appointing you civil governor of Atlanta than had ana lad or have no more authority than any street walker in your city. Under disappointment therefore you can right fully exercise power than if the appointment had been made by street walker

 We live under a constitution That constitution was made for well peace Under that constitution we have civil and military laws laws for civil auhori ties and for the military The first are 10 be found Tn statutes at large and the latter Ill the rules ana ac5 of war in this country there such thing as mar a law be until the constitution is set aside if such an evil day shall upon All the law mak- t mower in the Confederate States is vested in

 Congress But Congress cannot declare martial law which, m it nroper sense is nothing an abrogaon of all laws If Con gres do it. much less asy officer ot the Syovernment either civil or military do it rghtfuy, from the highest the lowest Congress may in certain cases specified suspend the writ of hdbeae cpus but this by means intereres with the administration of justice far to deprive any party arrested f his right to speedy and Dub weaken the right Of such party to redress for an illegal arrest does not authorize arrests except upon o h affirmation upon probable cause It only secures fba aty beyond msadventure to appear in person to eur charge and prevent preliminary inquiry AS to tbe fru legally of his arrest It does not infringe ar mpair hs other constitutional rights These Congress n. mnair y law. These constitutional guarantees above and beyond the reach of Congress and much more if if could be- above and beyond the power of any tice of the government Your appointment, therefore in my opinion is simply nuy. You, by virtue Of it, pos rgtul authority and csn exercise none The order

 0f lgas a Da "A nation speak of the only in aiega and constitutional sense not of the motive that prompted it. But wise peo n jealous of their rights, would do well 10 remember

 oIne so well expresses it. that such acts, aEdab.e

 when we only consider the motive of them, make breach t which tyranny will day enter if quietly submitted to long Now then, my opinion ls Il any one De brought efre yo for punishment for selling liquor to soldier any other allegation where here s no law agans IT. 20 law by the proper law making power either State onfsderate and where, matter of course you have legal or rghtul authority to punish either by lne corFo really yOu should simply make thls 10 e one that brings him or her. the may be- that have jurisdiction of the matter complained Of

 British Queen Anne) was once urged by thu Emperor f pssia to punish one of her officers for what his Majesty considered an of indgnty to his Ambassador to her court though the officer had violated positive law The Queens memorable reply WAS that she could inflct no punishment upon the meanest oi heT supect unless warranted by tine law 0f the lal1.

 nm. ia An eyample you might well initiate For take if for granted that will pretend that any general command of armies could confer you anybody rater powers than the ruling Sovereign Of England like under similar crcumstahces The case ref rred in England gave rise to change of the law After that, act was passed exenng Foregn Ministers from arrest So with If the proper discipline and good

 der of the army require that the sale of liquor to soldier m person not connected with the army should be prohibit ,d (which do not to question in the slightest |

 ree let the prohibition be declared by law passed y Con- r,s wth the pains and penalties for violation of it. with the mode and of trying the ohtnse plainly set fort Until this is done one has any authority punish in su sse. and any who undertakes to do IS respasse and violator the law Soldiers il he service, well s the officers subject to the rules and articles Of war; and if they commit any oense known to the military code here ureser.d they liable to be tried and punished accordng o the law made for their government If these rues and articles of in other words the military code for the government of the is defective in any nt ought to amended by Congress There alone the power vested Neither generals nor their provost mar