Rutland herald. [volume] (Rutland, Vt.) 1823-1847, 1843-01-10

I
,be snurols, 90 con,uon s.nss snd common in.iies,
h,,s istra Sc ur-on iherseltss 70 extend tho srp''-
cation .aA dc,its liza, Ill la~. SO the collection oi
nlitarv 6ne wcfe unconstitutional and VOID. this
,o,ae ,, uoulA not have b,ca here mentioned
3,rtuns - shsurd. 80 opppsrd n reason and eiPe
,ieaor % hostlc 10 the rights and institutions 81
.srieiy. sad % gratifying " existing preodics-.
could ao, p,svst without dctnmen, and should he
Jeci4eAir piibs,opi The first position indeed was
M, i.o5,ar upoa and should not have influenced
the decisions ofsey man. WAS merely the express
ton Of ufinion Of o4y II men extra islirial, and
without an, force Bot the latter could have been
,sle IN only by such men - are sometimes created
ff no deGn,h'e benefit. that can be humanity PET
orved hg, merely To Oh up those unfortunate inter-
sicr- that are sometimes found 10 ctis 10 the body
polite Il Is mo-, Surprising ihn, the council, com
posed 81 men 81 high auafnmenis, sound sense and
extensive views. should have ardently wished to rd
themselves Of system then existing. obnor'ous
10 tho prciudices and SOMETIMES to tho ccnsurc Of
iaios,i-c 10 romm1ni,v hot it is surprising tina, such
men should have 50 far wandered from the limits
Of ,h,ir Jurisdiction, and should have based ih.r
rcpar, upon reasons which manifested tina, il re-
gllia This suhjer, lhey strangers, and with it
they hai no intimacy and Of II no knowledge.
4 court martial is a legally organized body to in
ve-,sp ste decide and award sentence concerning
oTeoces committed against military law. 1t is reg
ul,'cI and governed in ils proceedings "by The lars
oCite igud" Singular as it may seem, in view Of
this report. such courts have been acquiesce1 in
since long before the foundation Of the republic. and
lheif consttuipnlli,y has never been questioned by
the ~ lsdom Of ages.
This law according 10 the authorities, is divided
into common idtr military which is derived from pre-
ceien, and mmemoriAl usage, partly military and
partly civil. and is peculiar to military and
tho statute iar military which is derived from To-
cisla'iye enacmen's and specially designed for tho
government, ofthe military department of The state.
Instances may occur when these statutes military
operate more extensively, and may effec, every
member Of sorie,y These, however, are extreme
cases, and happen only during the existence of
MARTIAL Law. Here it is remarked thai military
lac and martial lJr are not synonymous is
times understood Martial law cannot he in force
excepting by special statute. Military law is in
force either by precedent or statute. There is n
still greater difference. martial law cannot prevail
even by statute but in eSteme cases, such rebell
ion" This is secured to the people by the consli-
lution. "Tha, no person in this state in any
case be subject TO laic maj tai or 10 any penalties
pains by virtue Of that law, except those employ
cd in the army, and the militia in actual service"
Martial law never be in force but when the priv
legt Of haJeas corpus is suspended The military is
then superior to the civil power the citizen can be
arrested by military officer, and canuo, be relieved
by the civil magistrate, but may be tried by court
martial and executed. "Where martial lar is es-
iablished, and prevails in any country" SAYS Lord
houghbofough, al is Of totally different nature
from that which by inaccuracy, is called martial
law When martial law prevails the autho,,v nm
der which it is exercised claims jurisdiction owe
all military persons in all oircumsionccs; and euery
species of offence committed by any person who ap-
pertains to the army, is tried not by the cph uhica
'ure, bat bv the iudcature Of the regiment or corps
In which he belongs" Martial law, as defined in
the latter case, cannot exist in this nation. Martial
law cannot be enacted, except on extraordinary
emergencies. But military law operates at all times
either in peace or war. Under the stature or con-
man iao military of the land, the military is subject
10 the civil power and all those who act in a mill
tary capacity individually responsible before the
civil courts for illegal act But under the prev
ale;ce Of martial lar il is not so: then the members
Of cour, martial and all other officers who may he
concerned in the converting Of the court. are ire
sponsihle for Of their conduct. and not sub
jec, to the civil law. By martial lar, ihen used
in the constitution, is it meant the Siauio lar Of the
states provided for the collection OF fines and penal
ties and the punishment, Of offences committed by
military men' lfthe statute lar military is martial
ia,c. what then shall the wise call that law which
declared over the land, during the war, at New
Orleans. and recently in the disturbances in Rhode
Island Arc there not laws adapted to the habits
and customs Of different ,lasses Of society, What
is the lar merchant but such as is adapted TO that
class Of contracts which governed by the Gus
toms and laws Of Ina, class of community What
too is the military law but that which Is adapted to
The ira OF military offences and for the awarding
and collecting the fines and penalties incurred by
military men Without court martial no military
body could exist for moment, Wirio8, these there
could he no orqanizatian. no discipline and no sub.
ordination. What civil courts nor known can take
oo2nizance Of offences such as disohcdience Of or
GERS, Neglect 81 duty, unmtary and uno(Iicer like
"-~|-s' -s1 '"-~L- l.,.-ss~-. ....a.a.s 49,.
Had there been any knowledge of the subject. or
had there existed any disposition to make the s'ioht
est examination Of tho question: that report would
never have been made
In THIS age OF wisdom beyond all eIpe,ience NJ
me past, Il seems now also to be claimed bv all az
81 oy sudden revelation, the r1sLt ofiriai BIZ iuyy
on every SIDE has arisen the claim to such TIA, in
'rf'y oafe and the dsincres'ed sbors Of the cam.
d' would not desert favorable an opoor,pnuv 70
"ndlc''e he cause Of her citizens and one would
suppose mat claim 50 osenlaiiously set forth and
50 ably sustained was f,n,J.1 -