Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1861-06-14
HAREAS CORPUS.
WHAT TO DO WITH THE SLAVES

mentator on Blackstone saws. "there IL great dis.
tinciion. often lost sghf ot between military iag and
martial 'aie So Chancellor Kent, in his oommenia-
ries after defining military iar, says "mGrfiai lac Is
quite distinct thing, They do indeed differ nearly
All important particulars. Military law consists Of the
articles n war;, and other statutory provisions aud
rests on legislative authority 1t exists equally in peace
things. audit is perfectly definite In its provisions In
an these respects martial law differs FROM military law
Martial law springs from military Necessity, and moth
ing clsei or, in the "ords of Kent h is founded upon
paramount necessity As II has origin but war IL
exists only in Wal OF Ia condition Of thing, requiring
armies and military action. Wheit exists IL ,eNiends
20 all the inhabitants Of the district whffeu Is In force
whethef they ore military or non milay And 1t is
Asto its origin and authority may indeed be said to
resi- upon universal practice upon the common consent
war itself IL can heIusticd by adequate necessity. We
NO more imagine sovereign State with power 10
resort 20 martial law when IT becomes necessary than
Of state which has power To carry Of any kind
or use military boo sclfdcfcnsc. Aud the right II
determining when thc necessity for martial law exists
and then dcclamug 30, or enforcing b. applying IT,
either by procaimiug as iu force over certain district
or territory or n au, other way resides obviously, with
the governing power N every State
There Is nne distinction. however, which should be
made a. home, even in actual war, only DE supreme
powtrcan declare or exercise martial law and this
do A. once or condtionay or hy insirucug any " its
military servants TO do BE-, such terms d may choose
prescribe But an army which leaves home aud in-
Vades country, which has placed itseh 10 hostile at-
tude, carries With % martial Jaw, the right p exercise
martial law which resides then with the officer in
mand OF the invading force. NJ the dstrictinvaded
The principles and extent and operation Of martial law,
are wholly. and perhaps necessarily, underlined. II may
be compared, ia ibis respect with things utterly different
from % in other particulars, and resembling 10 only
growing out of necessity. For example. the powcro
legislative body n England aud in this country to- judge
OF aud protect its rights. and the power OF judicial
court 90 punish ut contempt powers almost incapable
Of exact definition, but universally uoknow lodged The
Duke Of Wellington defined martial law ss "t the will VI
the commandtr-inchci but there are principles md
usagcs which qualify this iu degree hus, 10 10
generally, although not universally exercised Though
|courimafuali aud IT'S sometimes said, and may Doe a
general although certainly precisely accurate rule,
that martial ia" only brings all persons within the reach
OF Che articles Of war;
Practically, the very csscusc and substance Of martial
law is ia England aud the United States, the suspcn.
sion Of the tght Go thc wit of habels corpus. While
amy person who s arrested by any authority can have
th. wit and be brought by IL before civil tribunal,
whose judgment determines conclusiyely whether be
shall De held as prisoner 60 at large 10 D. obvious
that the civil law prevail. either military martial
law And II Is equally Obvious that no person can be- ei
ilcu1ll subjected to martial hwthat is, To arrest
and Trial by military men, aud punishment by th,ni--
unless the writ " hHjf4t cOrJ6 suspended Cor tho
ume at least and 90 This person On the other hand,
"heu inc HH'el corn" Is previously suspended there IS
nothing interfere with prevent he exercise VI
ual law il may indeed be said that Cor 90 practical
consdefatons' maiu" ia" and me suspension Of the
right 80 habsas corpns are one end the same Thing.
How do these general remarks apply 10 this country
First the obvious, unquesonabc, aud universal need "
power somewhere. Oh exercise martial law, when an
adequate necessity exists, is as certain n this as in al
other Organized aions Bat we have also something n
national constitution about b. Not under ihc word
and name If martial law but under that other phrase.
which we have seen 20 Doe los cqui,alcut-hc suspension
Of ihe right toha3o4s Carrus-
Ihe Coaatuuou OF iAe Quilted States arc. O. Sec o.
? PROV N,' '"A' 'H' p,Fl'te "l ihe WIZ "i hH'fas
reotlIou COG invasion, thr puac safety may require 3D. -
And many ei ec s"ie con'0iul.us have su Tag pro'i-
,nNN' - ''" iu''', I'" lN'' h UAl 'N- "shti'
ulug martial llN maf b, declared and exercised ln
oA't' OF f,'r'a'n f N'.'inn "ucn tle puzzle safety
n'1 ,,l.u, le ni 81. -nl ~ 'l imp ''liht question
mi''i 81 occurs a', .'fe martial .a" On hf- point
have myself uo doubt ih' clause on Wls subject Is
'4''l ih 'h' Ni' i'l' 90 lhe constitution and nus
"IH' ie't' iiM,i'l '' N'ueies., NOT e'h ihert De
o' 'a ~ r9,n lne n,eo,'l'l occurs
f'"- w ~" " "il "i ne''"s '''LN'' oi' winch
..t.-, E3 .i' IT, no
t,''n 's' d.. ~ i.i "i' power lNt N"nstiiu-
wy, "" .NIleeNit N'' '''t f.Nt' I" amy apartment
~ o'onm'h| nor '''' ~ expressly reserve 10 60 Oon-
-i''' AtN'N-..' ODD '''t i'ft zoe maze ih, eA-
,,,i, .''', Il '''o ~ W, provision, contained
wt seems 10 ne mo efea-onao.e aud more eousouaut
WV" lli'. %. N., 't.'on, i' inI't rom y
4n ap''uee OF intention Do '''nur % go C" We's' And
-i ULn'l 'n 'ai' ''N ~ iHc nature oi me case
Ihe very instances strh,l a' those m which The rght
60 hlbea' c9rpnA may De suspended Invasion and rebel
h'hl AI' lfe'', ' ' .h Nhh ihe reasons i'r doing
SD may come ru1arnl'f Poe Necessity "' determination 10
immediate and ate'i.ru eA,t aat she suI cnson viii
u' Hs,i'' ana We ' ni' .e "hrh 'li' suspension
Hl'-. i' l''' ''- l. 'hi' '. 'uA t'ial To guard
' Pun y iNi.l.t lAr cases as is done,
''I.'i n 10y tefunmg the delay
''l'IIt N'' i.Al' awe a''l'n' WOULD seem
70 .li'l iIi+hur ihatmN construction gftcs
=" .'' ''s'"''l' POI l I"' 'ars az i'othon and nsa-
w, -, D., .., ., .lIi. 1.i l.Ntt' ltis"
'as' p"f ' 'eh9 hi" fentNt'us district fifteen thou
i ~ Oh, " '-H''H '..' NA' "nnHe euN h N0u'1 Pc
"''' 'ne I,n'i't Ai" % necessary MI as many az
't'' 'N"-. NNi t was power "Ith ntlohptl 90 him,
q" h'',''} a' iicsarti ana -o 'hink oid tr power
q" uAf'ai Jaw. Ut % eld n'i men, when ORA ruops had
p'ui,u INC am'a f'n's whom they were sent Co SUBJ
gUt' 'N' h''it't magistrate VINO eoud Issue writ uf
",Ns '0'FtN ml2ni nave summoned the officer having
.'H W l-i-, 20 Wh- mcm ociHe hum and might
nave rated thtm DO once t h-ht again and ths
WV. "' "'l were captured uuili law could be- passed
~ o'tit''-
Do ' f'"t nei'ht- q" me ifesid 'nt he may exercise
N al ", when 0ihcr invasion or rcbri.iuu oc
'|'' sNiJ''t' however To- tN" quaAhcauonH Ono un-
N'ia' 'h' io nus exercise of c'crl power Il
pc "t.t' l N tNHe.'- % NfongiuIy, he is liable 20
lNl,A."hi'N'' lue Vl"ei D. more matter oi discretion
W W"I"'H' sull"7, 'nai DO would OF course fep.ft
NH 'ihR' 3" SUE matter TO congress when De could.
aha be- governed by itrt action.
My conclusion PES; W'itifc' MAJ % case OF invasion
'5"u An-'u 81" ''"'l"'N H' hnme' me LfeHd'ut may dc
Nl' W 'Alplse' ' AuHoiAe matal Jaw a. his discIe
N""F @" you nave HsN'a ol me what would De the law
I 't l'-a itn winch an army, advancing 10y order of
He Iiteu'h' hlp d .aio n nigenkta rebellion would
'"Ii! WV" TO as t' zoe slaves. Mu ehdeaFor 20
H",ti .nl7 l'.sliuh'
~ ~ 'e uist pace 'HA' army must have The rights and
Ml ue Ith@' 81 "af because % state puts itself into
"M p"'Noh WIN tteftnee 20 the United States, the
ul n' bhl'o states must necessarily accept
NA' pp'i""h WINE carrying on the conflict. although the
general government prosecute the