Cincinnati daily press. [volume] (Cincinnati [Ohio]) 1860-1862, 1861-04-26
The Nature Of Martial Law ahd the Mill
Iary Code.
The New York Bbenin5 Post observes,

.,
lug new lork -DVentng f'ost observes;
The present crisis is new TO this genera
tion Of Americans. None of us have ever
known the dreadful presence of civil war.
Our grandfathers could relate the stirring
tales OF the Revelation, but we could not
realize them, even while we gazed on the
bent forms of the veterans who had passed
through the long struggle, They knew,
those gray headed men, what war meant,
what the duties Of citizen were when his
country called him to the field, and they
could tell of the uses and the terrors OF
martial 'aw. For us, however, all innocent
OF that painful knowledge, 1T will be INTEREST,"
ing TO learn the precise mature of the iron
rule which is now, or soon will be, extended
over the cities Of Baltimore and Washington.
We trust that no hostile Invasion we know
that no treason at home, will make it neces-
saTy TO call out such extraordinary powers
in this city, ISL. .-..-..... q ---.-..
IL IS wen known that the army of every
nation is governed byia code Of laws and
customs peculiar to itself, which is admins
tered by military courts unknown to the
common law, and called courts. martial.
This code devolves great powers upon the
commanding general. 1t Furnishes severely
acts of iDsubordination which seem trifling
to civilian, but which would be fatal to
the order OF an army. 1t subjects the soldier
to peremptory restrictions upon his mo.
tions, bis use OF time, his social intercourse.
IL summarily arrests and Furnishes without
Jury any one who foments disorder or mu-
my, or who IN any way interferes with the
functions OF the military in their great duty
OF preserving the public from foreign or do
nestle foes. I.-. t..
When Town or district is convulsed by
tacton or beleaguered} by an enemy, it Is
evident That the ordinary process of law is
sges TOO SLOW Tor the detection and punish
ment OF spies or traitors. So the ordinary
process OF enlistment and hired labor is i'm.
measnrably too weak for the urgent neces-
sitJ OF instant and organized defense. Aud
eRalp, the control OF the clFil and municipal
resources can not be left with safety to the
hanos whlch weld 1t IN ordinary and peace
iui tunes; In such emergencies, hesitation
@ .s ia,al ueiAy or ulYlslon oil lresponslolllty Is
Tha r.so,roo, 60 ~ y, -.
Ing resources 70 Wnlcltsterh necessity az
suon uiies olteI.s us 10 tns assumption Oh
'ha = Poweo Sns lhillsaLy Gomnsnaer
7, SononnaS b;s mitn .ue Puo.lG Ielehse.
~ S;ss;. n,s s.t y, ~ PeS sue "noie VoWn
" " , uIstlic., Will ~ l's lhnaoitents, nnaer
sl sne sl'ine [eles which en- govern hls Iorces' 30
lei ial as aPp,iGaole' ~ nls rs callso proclaim
~ III. s,ts e tne
1h;ol, are W tne Iestrlct.ohs
onnr mmnUn sGrS1n sTSa soiuiers "a presence Oh an
I,n 1,, e lug aomI !? turhTu lnto camp
40 40 tnen soiuiets- tntelCourse WIN
;Ie ShenS 10 nos ouiy Pi99niplteu, put pun
at ~ Oei ss persons
ny nt I'm aStuSe COUNSEL anu stuO-
DOi s VI ous arc ues,' WIN oy lne ster9
aa5;, u. I'm. or an1
sPSeuJ snovi Ine oie-poGieu Ilaies are all
W .t !. IVY, Ivy Ieiusal 70 serve
rssnSTooS %n ,1bn,har os hP;ou, Psna,es. All 'ne
IesouiSes' T i' wnetner oi PnysiGal srengtn' OF
ol pupIc properly ana cieult, are al once
piouSnS uhuer one e4pellenceu hanu, ana
nisiueS in auaSs ior t1e common ueiense
anu saietyi ract.on unuer sucn q RUE De-
.II oonSs Weah' anu reason y ulsarned' mar
.,a, Ia" ~ m is iIoonsenIences hiong Win
no p " iVt noneet lAei anu goou clsl-
IeDs, Dus ls terrofs are az leYeied at the
sPy, 'ne 'rui'or oi anu 'ne armed enemy
The proclamation OF martial law is the re-
suit OF supreme necessity. IL is uDkno wn
TO our Constitution and laws, and the general
proclaims it at his own risk, and may be held
responsible as well to individuals as to the
Government But sdtiis Popai suprema
| te1.' The event in such cases and the inten-
| tion justify the means. 3. r. -l..
| In 1914, when the British forces were on
their way to New Orleans, the city was in
| CONSERVATION and without adequate defense.
! The legislature was slow and uncertain the
| CITY aulhor1tles paralyzedi rumors OF trea-
son and sympathy with the enemy ran
through the street; vessels and sailors
atounded, but could rot be procured for de.
tense, and the laboIers were not sufficient.
General Jackson, in this extremity, pro-
claimed martial law, and history shows that
the result was at once wholly beneficial.
Confidence returned, panic subsided, the
people found every means directed to the
general good, and while the danger lasted
no voice was raised against the measure