Natchitoches union. [volume] ([Natchitoches, La.]) 1859-1864, 1862-07-17
(Cortespondeacc.
Martial Law.

Martial Law take the liberty OF lla
zardns some opinions, Which think
will elueidatc the subject and dissipate
many errors, under which the great
mass Of the community labors in rcla
ton to it-NIany are disposed to be
licve that when Martial Law has been
declared, a reign Of dcspotism and
terror has commenced and that the
persons and property Of the citizens
are placed for the time, being beyond
the pale Of Justice In q conquered
country and where the law is declared
and enforced by the enemy. such is
/ too often the case, witness the deplo-
rablc situation Of New Orleans, under
/ the iron rule Of Yankee domination
the case is very different, wien the
4 legitimate rulers of the country, are
necessarily compelled to resort to this
measure in order to insure the ulti-
mato safety and welfare Of the couil-
try The safety of the people is the
supreme law If The land, and when
the written lave is inadequate to Oh.
tain this result. on account Of the
pressure ct external enemies and the
actual or suspected presence of intern
al ones, who cannot he reached by
the ordinary process Of law, then prn-
dcncc and a due regard to our safety
require the application Of aremcdy--
which in time 1T war and civil com
motion at lcast--has always been
found cfltctual -
1t is we'll known that no acts, cull be
punished as crimes, by the ordinary
criminal tribunals Of the country OK
ccpt such as have been expressly DE-.
elarcd such hv statutory cnactlncnts
and yet, every enc knows that there
are many acts, which during a state
of war, are highly cr.lnlni lal and
Which must 90 undetectcd and nnpnn-
sllrd, unless IL resort be had to this
supreme law-tlc safety Of the peo-
pie, exercised aud administered how
ever under certain forms, which for
want IT better name. are included
in the idea Of Martial Law.-Thc
end of war is on ought to lie. u speedy,
honorable and permanent peace with
uur enemy and Low can this bc effect
ed, if there is Il war for conquest. and
a peace ipr commerce. between the
same people Trading* with the unr-
my visiting the enemy under any
prctencr, unless allowed hy the prop.
er autIlo.ity dissnaling prrsons from
volunteering i'll defence Of the eoun-
try ;obstrncting and opposing, either
hy words Of acts the laws made for the
defense and general welfare of shc
country all these and many more
acts, are not punishable hv State Law,
but arc highly injurious and calcuIa-
lated to defeat the object Of Just war
Spies aud domestic traitors, arc al
ways found in such times as these
are, and they uulicsitatingIv ply
their vocations" Knowing that tho
ordinary tribunels are rowcrlcss for
their punishment Martial Law. is
the proper remedy in such cases, and
although this law may not he slsccpti-
bic OF Il clear definition yet some Of
its effects aud consequences may be
described. 1t certainly includes a
suspension of the writ Of Ifabcas Cor
pus, SO that where this law exists, sus-
rcctcd persons may he confined, with |
on without warrant anG without bal. |
Nets Or words spoken or written,
which evidently or by fair implication,
impede tho progress Of the war, or i'll
dicatc traitrous intentions may and
ought to be punished at the discrc-
ton Of the Proyost's court.
It is evident their that Martial Law
is properly established to inforce that
supreme law alluded to. above. anl |
that, instead Of its bciug intended as
an engine OF oppression, it is eminent
tly calculated to tranquiizc and bcnc-
fit The good citizens Of the community. |
Like the written criminal law of the |
State it is terror to evil doors, but |
no good citizen will ever cOmpliin of
that which $ we'll calculated to I'M
mask and punish the domestic enemy,
the traitor, the spy or the cxtortion. /
cr.
The execution Of Martial Law
when proclaimed by an enemy is en-,
forced by u military tribunal and Pro
vost Marshal who is always . tool of
the commanding general, but when
proclaimed as it now is, in our part of
the State, by the constituted authori
tics OF the General and State govern
mcnts, it Is entrusted to well known
and responsible citizens, whose inter
csts and welfare are identical with
those Of their fellow citizens. Al
ready has the Provost Marshal ap
I 1 L 1..L