Glasgow weekly times. (Glasgow, Mo.) 1848-1861, 1861-05-23

feelings of those who differ from us about
abe pending troubles. Let there be G.feaoe
al. over the Stale for month or two. ana
it cannot be otherwise than chat it will bs
made perpetual. III 2sass p Frs
-a = n A---s--------- y
10 From the National Inteliigencer. 10 p =
Ss 2 49," MARTIAL LAW a. -.s..
ee The questions, .What is martial lswp'
end "Who has the powor, 10 declare i,s'
have assumed a iahgibls form Of interest
to eur. community and on article in late
number of your paper have directed pub.
lie attention to them beg leave through
your columns, ,o, say word on the sub
ject, which may tend TO quiet the excitement
caused By the many idle runners efthe day.
Martial law rs nowhere we'll defined in
any elementary book. and it would be ex-
deedingly difficult 10 frame On accurate def.
milton Of IT,. II can exist only in case Of
imminent peril tothe State, when the civ
il authority is powerless for the prot
ection OF the citizens and the gpern-
ment, and when witty some strong, para
mount. resistless means alone order and
safety nay be secured. It's not military
law. lis not the law Regulating the armed
forces of the government; it is not govern
ed by any fixed, determlnate, defuite lin.
its; il is not law known 10 On administered
by courts, il is not law enacted BY The Leg
isature, with wsll-defBed limitations on
the citizen subject to it or the power Of
executing it. II ism brief, the lay Q ne
cessfty. ..-.....-. ..-. .,....... .....-. ..-
II is the law. which the strong power
Of the State must WELD in an emergency
not provided for or contemplated in the or
dinsry course OF events. 1t is the exer-
else Of the sovereign power wherever that
may reside, 10 enforce promptly means Of
defence against a foreign o. domestic foe.
These asa rather incidents than definition.
Yet they are as accurate as cam be readily
aseertained from history or books of ele-
mentary law, or decisions Of courts. The
effect is 10 suspend the action Of the courts
and the writ of habeas corpus, and TO il .
troduee for the time especially military
government responsible oHiy when the e.
nergency shall have passed for gross abu.
ses of ssshorisy. TIA existence is looked
10 and erscsgnized in the second clause Of
the ninth section, fr,t article, Of the Con.
stitdtoin, which says "the privilege Of the
writ Of habes, esrpu. shall not be- suspen-
dsd unless when in cases. Of rebellion OF
Invasion the Pubiir ssfeiy may require it. y
This % the whole matter. When the pub
lie safety requires il, sad the civil auttiori-
~ is powerless to provide that safety, the
strong arms )of.ihe military is ihs govern.
ing power. II is NOT On irrsprsssible will
1t can exercise no more force than is re.
quiredto effect il, objeet-the public sale.
tty. II must cease so soon as the exigency
which called it forth has bsen satisfied
The civil power must then be restored,
and for seyery- oppressive actdone from cor
rupt meiiyes, for every wilfui abuse ofthe
Authority snd power thus, exescised to ihe
wrong or injury Of the public or the either
10 person Or 10 property, the person con-
munity it will be responsible in the ordinary
courts of justice.
e Second, the authority 10 declare martha
lawpn Undoubted, when the Legislature i,
in session, or can be conveniently called
together, it is within the spirit and mean
ing ofthe constitution that that body shall
determine what degree Of forces the crisi'
demands. This question was directly be-
fore The Supreme Court in the somewhat
celebrated case of Luther vs.. Borden anG
others commonly known as the Rhod.
Island eass-7 Howard. 45. And the
power ofthe Legislatureao authorize mar.
tiai law 10 distinctly and in terms affirmed
How far il is competent for the Presi'
dent, or for any military Officer. in the DO
sence Of the Legislature, or when it can
| not sc conveniently esnvensd. to deelar'
martial law, Is no.where settled by aljuai
sisl tribunal which could afford q preceden
for the courts Of this district. The VIII
Of hsbsas corpus can be suspended by leg
islative authority, or by superior force IN
der military authority. 1t does not neces
.ariiy follow from The suspension Of priv
lsgs Of thss writ that marital law prevails
for its suspension might be consistent wit
full exercise Of civil authority except ir
that particular. But it'may safely be at
firmed that either the Legislature must lie
galizs iis SUSPENSION, or it must be justice
BY an extreme emergency involving Oh
safety OF the State, TO be Judged Of after
wards by the civil tribunals, when th'
.'icsim and sober reasction Of The Judge an
The Jury shall be turned to the evidence b
which /, IL soasht to be untitled. s.s9o
The opinion Of the late Mr.. Jusiic
Woodbury. in The case already pseferred
| ,r,II h. f.,,,od ,vslfl sunrfhv NJ an examine