Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1862-10-24
Oh Stan6ar6.
From the Richmond Examiuer.l
THE ABROGATION OF MARTIAL Law In
THE CONFEDERACY.

noRs MARITAL LAW EXIST IN ANY FORM IN TIE con-
FEDERAcYp
The prominence which has been given to the SUBJ
iect of martial law Ia the action of Congress and va
rous forms of discussion, has introduced it to pub
lie attention as one of the most important and n-
teresting topics of the day. We propose to reca-
pitulate the action of Congress in this matter, and
accompany it with sketch of some other features
of history and public opinion, which properly be-
long to the interest Of the subject.
HISTORY OF MARTIAL LAW
Martialiaw was part of the ancient common law
of England, but its pristine vigor has long since
been paralyEed in that country by the progress OF
liberty. In the beginning it was the law admins
tered in the courts held by the Lord High Consta'
Sle or by the Earl Marshal of England, and his
subcrdinates, the Provost Marshals and Lieuten-
ants of counties The law itself was commonly de-
scTbed by reference the jurisdiction of the court
Of the Marshal That jurisdiction embraced matters
of war and chivalry and contracts made beyond sea
concerning arms Beyond these subjects the juris-
Giction of the Marshal's court was disputed, and,
indeed, was forbidden by statute in the 18th year
of the reign of Richard ii.
The methods of procedure in these courts were
summary, excluding the guarded modes of trial OBJ
served in the ordinary civil tribunals. In the adj
Indication of questions arising in the army, they
proceeded upon the axiom that the power OF the
King was absolute over the army in the fielo and
over the life of every person attached to the army IN
time Of war. This power was not controlled by
any law. The King lit is said) might put to death,
ut will, any soldier in the field His commands
cre law to the army and to the courts of the mar
Rhals. Thus, in effect, absolute power, admins
tered by military courts in summary proceedings
constituted martial law.
No authority to extend martial law over persons
not connected with the ARMY was incident to militia
ry command. But such authority was claimed to
- Al - A. e
surrection, as political no less than a military
power of the crown. But, whether, according to
the ancient common law, it prerogative of
the King to cause martial law to be put in force in
time of peace, even as to the army 10 extend it,
at any time over civilians these and other queS-
tons of like nature were long and severely contest
ed. Usually, the pretensions and practices OF arb
trary monarchs in turbulent times were IN contrast
with the UNDECIDED opinions of courts and jurists.-
But it was generally admitted by those who con-.
demned as well as those who invoked its exercise,
that martial law, whenever and wherever it could
lawfully prevail had the effect to institute the arb
trary power and the jurisdiction of courts martial.
During the reign of Charles |, the Parliament, by
the Petition of Right asserted the ancient liberties
of the people of England, and, among other griev-
ances, denounced the abuse of martial law alleging
that persons not connected with the army lin COM
mon with sodiers) had been tried by the course of
martial law under commissions from the crown;
and affirming that this was unlawful. After the
dong struggles which marked the 18th century, the
Bill Of Rights and the subsequent practice of Par
liament placed the rights of the subject, in this
gard, on still firmer and palmer ground
The ancient martial law, as applicable to the
army, has been superseded in England and in this
country by that which now call military law
system of regulations enacted by the Legislature
for the government of the military forces
ACTION OF coNGREss WITH REFERENCE TO MAR
TIAL LAW.
The action of the Confederate Congress on the
subject of martial law, was prefaced by SO much
discussion and diverted by so many propositions
that the public mind has been left in some state of
confusion as to what was done or intended by that
body.
In both branches of Congress the conclusion
seems to have been made with equal unanmity,
that martial law in its ancient sense of an arbitrary
suspension of all the laws and civil jurisdictions,
could not exist within the Confederate States The
only questions before Congress- appear to have been
to what extent modern military" law, which had
martial law, it was understood in
England centuries ago, might be put in force, and
how far a secondary and extraordinary application
might be made of it to citizens not in the army.
These were the real points of the discussion in
Congress
familiar principle in this discussion was that of
necessity" it was argued that military COM
for the safety of his army and that therefore the
declaration of martial law might be justified on the
theory OF sacrificing certain rights to the public
sdety. The fallacy of this doctrine which seems
TO have captiVated number of weak minds is east
ly exposed 1t is true that military commander
may do acts which, in certain circumstances are !
when there is an authority and duty de-
volved upon him, which can not be performed with
out the commission of such acts But in every case
he must show the authority of the law and the ne
cesSIty OF the occasion. Commanding General |
may exert many unusual powers at or near the |
place occupied by his force. But il, by any such |
exercise OF power, citizen may be injured the Off
Ger mnst justify the particular act causing the iniu
y, oy showing that this very act was necessarily
or properly incident to the authority and duty de-
Eolved upon him by the laws This of course Is n
power very different from that claimed under mar
Hai laW In every Instance of the exercise of such
power, the officer assumes the hazard of RESPONSE
oility according to known principles of law
, we annex copy of the resolutions passed by
me senate with reference to the subject of martial
aW; which, although they were not passed by the
House, after being embodied by it in a bill On ac,
count OF precedence of other business at the close f
me session, may be taken Indicative of the sense
If Congress: 0'''''
ONT RESOLUTIONS RELATIVE TO PROVOST HARsH.1s
LIST ResoIued By the Congress of the Confsderaf.
states Of AnericG, That no officer of the Confed.
ia.e government Is by law empowered to vest Pro-
ost Msrshas with any authority OhateUsr oUer cit.
Eens of the Confederate States, not BELONGING to ~
and CT naval forces thereof or With general police
'oaosrs and duties for the preservation of the neace
mo good order of any city, town or municipal dis.
sct IN any State of this Confederacy and any such
'Aerc Es OF authority is illegal and void.
q mat no otticer of the Confederate Government
aas Constitutional other lawful authority t init
y restrict or IN any manner control the exercise
y the jurisdiction of the civil judicial tribunals IF
ne States OF this Confederacy, vested in them hv
aDa and laws Of the States respective
triet or control or interfere with the full and No.
pal exercise of the jurisdiction of such civil nJ;
ial tribunals are Illegal and void 'N1
Sd That the military law of the Confederat.
'tates u.s. by the Constitution and the enactments
Congress, limited to the land and naval forces
nd the militia when in actual service and to sucb
ther persons as are within the lines of any army.
rmy corps, division or brigade of the army of the