under martial law. But if you have that communitz retaining its organization, recognizing its civil magistracy, obeying its laws, you have it in that condition in which the sacrifices made to a necessity for the exercise of martial law in certain particulars will be supported and enforced, because of the restraints which the customary operation of all laws imposes on those who live under them. You have the authority of the magistrate in the civil department, in his administration of the laws whikch he enforces, giving a sanction for the administration of those other laws which military necessities produce under the name of martial law.

You have also aid to the operation of martial law afforded from another motive. It cannot be disguised that the effect of martial law is intended to be produced in its control of the practices and conduct of those who are disloyal or disaffected. A community lokyzl and well disposed is never presumed to require the exercise over it of the authority of martial law. I know in this city it has been said that the large number of troops in its limits required it. I cannot but think that in this there has been some confusion. The large number of troops may have rendered necessary the pplication of military law, but it could scarcely have rendered necessary the enforcement of martial law over the whole city. You see, however, t a glance, that when you make a general declaration of martial law over a whole community you do not distinguish between the loyal and disloyal citiyen, nor between the proper and improper practices of the two, but, confounding them and their habits and practices, reduce both to a common standard, and lose in this common sentence of both the aid you could receive from the good against the bad. And in such a discrimination as I have suggested, by which you clearly indicate the objects to which martial law applies, and as to all other matters leave the community in its accustomed course, you remove from the general a serious disadvan same time give him useful aid. You confine his attention to a few matters, and these belong to him, because when designated they become connected with military considerations. He deals with these only, and his powe is felt by those who in these violate his orders. All good citizens who eschew participation in such prohibited practices become his supporters and aids in the suppression of what he frbids. He is not regarded as tyrznt or despot; and the moral influence which he must possess to be eminently useful becomes diffused through the wide circle of those who are attracted to him from a desire to put down and punish those who affect the pkublic welfare. I have no hesitation in sazing that under other than the existing arrangements not only would the personal position of General Pemberton be greatly more agreeble but infinitely more useful.

I throw these considerations hastily before you. They re not, however, of recent adoption. The subject in its general bearing has been to some extentfamiliar to me. In the early period of the secession of this State, when it was considered proper to declare martial law witin certain limits, I then gave much consideration to the details, and practically suggested the system upon the principles to which I have adverted.*

I have the honor to be, with great respect, your obedient servant,

A. G. MAGRATH.

[14.]

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*See Campbell to Cooper, June 22, VOL. XIV, p.570.

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