Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1861-04-22
aartial Law.

10 these war times, when so much is said
about proclaiming martial law In certain cities
and sections of the country, the question may
arise in some minds: What is martial law2 The
following statements, condensed from stand
ard work, will perhaps answer the question as
well as 1t can be answered in q brief space:
Martial Law is often COMPOUNDED with military
law; but these terms are by no means converti-
BILE. Military law, beside some customary
law, consists chiefly of the articles Of war; that
is to say, of the code enacted by the supreme
legislative authority, as in England by parlia-
ment, and in the United States by Congress,
for the government Of the army and navy.
IL embraces, also, the body Of the rules and
regulations which are prescribed from
time 70 time by competent military authority,
for the preservation Of the general discipline
aad order. Military law does not supersede
the general municipal law; but is rather q
branch Of IL. In this country, unlike some Of
the States Of continental Europe, the application
of military law TO the soldier is not exclusive
Of, but co ordinate with, the general civil law.
Every soldier, as citizen, is subject to the
common law Of the land; but, as Q soldier, he ID
amenable to the military law. The special tri.
bunals which administer this law are named
courts martial, and hence, perhaps, has arisen In
part the confusion Of the military law with the
law martial.
"Martial law is," says BLACKSTONE, "ln fact
no law at ALL" Most writers confound Il more
or less with military law. Perhaps, the clear
est definition Of 1t is furnished By an old writer,
SMITH, who, in his "English Republic" says:
"Msrtiallaw 10 the law of war, that depends
on the jus. bu. arbitrary power and pleasure Of
the King. For, though he doth not make any
laW but by common consent in Parliament, jet,
In time of war, by reason Of the necessity Of Il,
to guard against dangers that often arise, he
useth absolute power; go that his word is law"
When In time Of extreme peril to the state,
either from without or from within, the general
safety cannot be trusted to the ordinary admin
issration Of gevsrnment, II may become neees-
sary to declare the existence Of martial law
This 10 indeed no Law at ali In the ordinary
sense Of law; IL is, Ia fact, the abrogaton Of t.
That which is done under martial Law has not
an! immediate constitutional or legislative
sanction, as the military:or the statute Law has.
Il proceeds directly from the military power,
which has In such case, become supreme.
Yet, perhaps, martial Law may be said to ex.
press remotely and indirectly the win Of the
psople. The Supreme Court Of the United
shtes has held that . State Legislature maj
proclaim It's existence whenever the public safei,
demands ~ and the Federal Constitution, bJ
implica.ien, at least, also permits its procIama-
tisn BY that clause which provides that the pri
vilsses Of the hstsas corpus shall not be sus
pended, unless when. ia cases Of rebellion Of
Invasion, it's essential to the general welfare.
But the. great question is, Who shall deter
mine whether martial Law shall be proclaimed
In given csse7 Our authority says on this
point, thatthe right to determine whether sucl
an exigeney has arisen, belongs, Il seems, ex-
cluslysIy 10 Congress-, or to the State LesIsIa
tues, acting within the scope Of their conslitu