Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1843-01-20


leFaHhf' s8CCf neBt- and specially designed for
Doe EcNtfUuisut 90 doe military department Of the
siniu Instances may occur when these statutes
military operate more extensively, and may affect
every member of society. These, however, arc
extreme cases, and happen only during the exs-
teuce of MARTIAL Law. Here it is remarked that
military lao and martial lao are not Synonymous,
as is sometimes understood Martial law cannot
be in force except by special statute Military law
is in force either by precedent or statute. There
is a still greater difference; martial law cannot
prevail even by statute but in extreme cases. such
as rebellion. This is secured to The people 10y the
constitution. "'rhat no person this state
in any case he subject to lao martial, or TO any
penalties or pains by virtue OF that law, except
those employed in the army, and the militia in
tual service" Martial law never be in force
but when the privilege of hubeds corpus is suspen-
ded. The military is then superior to the civil
! power; the citizen can lie arrested by military
officer and cannot be relieved by the civil magis
trats, but may be tried by court martial and exc
| cnted. Where martial idtU is estab ished, ind
prevails in any country" says Lord Loughbor-
ough, it is Of totally different nature from that
which, by innccn dcy, is called martial law. When
| martial law prevails, the authority under which it
Is exercised claims jurisdiction over all military
| persons IN all circumstances and every species of
offence committed by any person who appertaus
10 The army is tried not 10y the ciUit Julicature,
bat 10y the lulicnture of the regiment or corps
which he belongs" Martial law, as defined in the
cannot be enforced except on extraordinary emer-
| gcnccs. But military law operates ut all times,
either IN pence or war Under the statute or COM
mon lao military of the land, the military is sub
Ject 10 the evil power; and all those who act in
| military capacuy ARE Individually responsible be.
fore the civil courts for any illegal acl. But I'M
! der the prevalence Of martial idW il is not so then
the members OF II court martial, and all other Off
GERS who may lbs concerned in the couvenug OF
the courl, aro irresponsi lie for amy OF their con-
duci, md nre subject to the civil law. BY mar.
hnt tdiC, then, used in the constitutions is it
meant the statute iatU of the states provided for
the c0, elton ui fines and penalties and tho pun
| islImeut OF offences committed by military men
II the statute iao military martial idO, what then
shall the wise call that law which was declared
over tho land, during the war, at New Orleans,
aud recently in The disturbances in Rhode Island ?
| Are there not laws adapted to the habls and
toms Of different classes of society " hat is the
tdp merchant but such us is adapted to that class
nf contracts which are governed by tho customs
aud laws of that class OF community !? What too
Is lie military law, hut that which is adapted TO
the trial of military offences, and for the awarding
and collecting OF The tucs and penalties incurred
10y military men, Without courts martial no mil
ltary body could exist foi a moment. Without
these there could he no organization, no dsc-
! pllne, and no suhordiuaon. What civil courts
nolo known can take cogniZauce Of offences such
MS di,Ubrdence of orders, neglect of duty, unnlil-
nary aud unUiicer-ke conduct, and insubordina-
ton, aud numerous others? Had there been any
! know ledge of the subject, or had there existed
any disposition Ia make tho slightest examination
OF Tie question, that report would never have been
innde.
IN this age of wisdom beyond all experience of
the pnsr it also to be claimed by all, as il by
sudden revelation, the right Of Trial by jury. On
every side has arisen the claim such lral, in
erery case; The disinteresled abors OF The council
would not desert so favorable an opportunity to
vndirae The cause Of her citizens and one would
suppose lhat cnim so ostentaOusly set forth
and SO ably sustained was founded upon nothing
less than II purporls TO be, the charter of our lIh
erties-tte constitution OF the land Is it true
that every man he's ri ght TO trial by jury in
cry case
How reads the constitution? "That when nny
issue IN fact, proper for the cognzance OF jury,
is loined court of law, the parties have right
10 trial by Jury, which ought to be held sacred"
The assumption Is not true, then, 10 begin with.
One would suppose that the courts martial OF 1897,
for the collection OF fines, was n novel one of ills
kind for the labors of the council TO direct against
it The preIudiccs OF community. But is the court
of law the court of chancery, or the court OF pro-
bate unconstitutional, because it compels attend.
ance, and issues its orders, degrees and executions,
without Il trial Ivy jury?
Are there not thousande Of cases in which the
issue of fact cannot be found? Is not the statute
necessarily full OF instances, in which a summary
process is had against delinquent the penalty
prescribed and the warrant issued, without trial
by jury, even n hearing? Is il unconstiiution.
al 10 fine tor contempt OF court, nnd commit with
out "A trial? Is it unconstitutional TO fine n jury
man for non. appearance, without u trial? Is it,
them so unconstitutional Tor n court martial to is
sue ITS summons against delinquent for op-
pedrdnce and, after bearing all The evidence. issue
execution Tor the fine prescribed by statute?
Where is the issue OF fact To he found ia either of
these cases Is the absence OF Iuryinan mn is
of inct to he tried 10y jury' BY no means. Ii
N aII,I Il
not appeur-nnd he is so recorded 1t is The same
with ihe military man-his name is called--hs
does not answcr-anJ he is recorded as ab.e.It.
No matter if there he II thousand witnesses To
prove that he was present,-he must answer TO
his name or how shall il he known that he is
there !? When once recorded absent he is f.
ned as n matter of course, by the statute. The
clerk, The justice, or the court martial does not fine
him. lie is amenable at once by the statute. But
the military court goes even further than this. Ii
allows twelve days after the penalty is incurred,
in which he may tender his excuse aud obtain its
remittance II is not sufficient that he have good
and snifcien, aud pocket IT, leaving the
manding officer without any knowledge OF il. lie
must exhibit it within the time specified And
even after this he may have hearing before the
court, and not ill then does the execution issue.
Is there any thing unconstitutional in all this !?
How dear mus: the constitution he TO those who
treat il with the contempt OF turning their backs
upon il, thrusting il out ofsight, that il may
not he understood aud saved from perversion,
while they advocating its righteous cniIns up.
Oh the hearts Of the people. Let not those, then,
who ara subject TO military duty, he led astray Oy
doctrines such as these doctrines promulgated
either as errors adopted TO blind, AS hobbies rid
den for popular favor.
As the statute gives to this department auhori-
~ to issue such instructions AS may be necessary,
it has thought proper and necessary, upon its own
responsibility, to state generally the principles up
on which the recent Act is founded, and TO en- |
dedvor so far as in il lies 10 weaken the prejudi-
ces and do away with the errors which have been
such serious hindrancss in the maintenance ofdis-
clpline and differentiation in duty. Other matters