Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1861-06-01
fy,ozs n, n. yo,.i, ,R,pssl.ean.,
FFoFH nv Ut 7EoisIs spSo1svdH'T
MARTIAL LAW, AND ONE OF ITS LEGAL CON

MARTIAL LAW AND ONE Of WIN
SEQUENCES.
In the year 1882 England possessed the Island Of Go
in Africa; they established military garrison there
and entrusted its command to the Governor Of the Is
land, Joseph Wall During this year it became ne
cessary put the army short allowance Of food allow
ing the stoppages belonging the sailors TO accumulate
in the hands OF the paymaster one Deering. The SOL
diers hearing that the psympser about 10 leave the
Island called upon him for their stoppages On their
way TO the Office in passing the Governors house. the
Governor and Commandant Joseph Wall, "reprehended
OF them for resorng TO the person OF the paymas
ter" They retired soon after other soldiers among
the number one Benjamin Armstrong, as they passed the
Governors house, On their way 10 demand their pay,
met bysad commandant and sharply censured They
respectfully retired. But after we're called togeh-
er, and said Ber amin Armstrong was called from the
ranks, and the hands of Of the menias of the
regiment received 500 lashes of rope by the direction
| OF the Governor and Comandsnt
The poor soldier was able to walk away from the place
of his endsh punishment and shortly after died from
the barbarty of martial law"
Exactly ttoenty gears after the preparation of this
endlsh outrage, the halls of the old Bailey were thrown
open for the trial OF this Governor and Ccmmandant,
Joseph Wall, before Lord Chief Baron Mcdonald for
the murder OF said Be- jann Armstrong The plea OF
said Wa set up that Armstrong and others were in open
muiny. That be (said Wall called Rtgimentdl and
not General Court Martial, in order TO gave said SOL
diers life relying on what is called Martial LaU for just
| fcatiOn.
position manifested.
TIE Court charged the jury THAT if there was no
muDy the prisoner was murderer; il there was mu-
tiny they should then consider the nature and manner Of
the punishment; Its degree" was the soldier dpprised
OF his trial had he opportunity of justifying him
SELF also the extent of the punishment and the nstru
ment of punishm ent."
In half hour the jury returned into Court their
dict: "Murder-snd the 28h OF January, 1902, the
Governor and Commandant OF the island and garrison Of
Gore executed and his body pursuant to the order
OF Court, duly dssected and snatomixed.
"sc sempsr Tyrdnnis"
And thus was verified the definition OF martial law
mo law at all
For one hundred and fifty years no King of England
has dared TO call it up from its CORY tomb. The
grave holds mortal law and wchcraft.
Whilst one letter Of the Constitution of the United
States or the State of Missouri shall be preserved from
the iron heel of military despoism, neither The Senate
nor the House of Representatives, the Governor
nor all combined of the one, nor the Congress the
Executive of the other, for one moment in peace
in war declare martial law"
reasonable acquaintance with the provisions Of the
Constitution Of the United States the object aud
ner of its formation necessarily forces the above couclu
son.
The fourth article Of its amendments satisfied Judge
Woodbury., whilst acting as Justice of the Supreme
Court of the United States 10 involving this very
question: that martial law cannot be declared either by
the Congress Executive Of the United States"
[ will conclude this communica. ion by a question
which think worthy the consideration Of any jlrst II
eIen "fagrants Jeo' martial law may be declared by
the United States, and this would assuredy be
peusion of the Constitution as well laws thereof how
unless by second ratification of the States could the
deposod Constitution and laws passed pursuance there
Of opan 'Lhe m law of the land ~