The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1862-03-25
What II Martial Law !

q \
A conslderAbisEiyersiiy Of opinion prava,La
in regard TO ma a1law, 4 3 chs n oter. : z.sn+
aud tnstrumeataiities. Many persons sup.
pose that mn,tsIy law J: marttti law. This
IL an error. The former IL o code Of law b,s.
scrtbed for the government Of the army ~
relates exclusively to psrsops attached 10 ,hs
military service. and does not, In it's opera.
uors. embrace those engaged In ordinary
Martial law, On the contrary, embrace.
every desci iptton OF Fersons within the eitv
or district over which II has beer estab,i.n.
ed 1. is not defined end ascsriaiasd ty g.
nc .msnts and judicial decisions, as In ths
Gaze OF military law. but epTines from ths
VIII and Judgment Of tue camm 40 dant whnas
duty IL is 10 enforce it. 1t supercede, ths
ordinary instrumentalities Of courts. such =.
judges turies, and sheriff.. II may aver an,
pend, Tor Size time beiLg, the great writ a,
babsas corPas. IN othrr words. mar.i,i !.
may b. said TO be no Law at ali, but re,ha,
sa,s .,u Q, lhs military commandant I, reguis.
the general Wetfars. Its true intent and al
Is 20 place all power, as well az I'll resou,...
OF the district In the hands Of the militia
suthorlnes. TO BE- used and welded sraio,,
the public enemy. '''
1t viii thus be seen that the object h,s, l.,
| visw Is the public weai, and tha; ~ Nv. ~
restrained Of any portion Of our acons,o,aas
s ~ III ~ Is aons ios our own GOOD as well
alone should reconcile M 70 suy innonnnA
niences that may rUgult from the satsei,.s
ment CT martial law.
II Is proper to remark, however. that in
the execution Of martial Law great prussnna
| is to be exercised Chief Justice Tansv IoI6.
'tnot Nd more force can be used than /, = -
csssary, and Ii the power be ussd for 80
preston or any wlliiuiiujury be done 10 psF
son or properly, the party by whom q,
whose order Ii is done will be- reanons,hI. ~
the injured person. W
review of the legal sp hori,iee xou,s
seem 70 conduct 10 the conclusion. that
az n
mil oincer cahnot declare martial law
except over MS own camp and its 90 viron,
aud the near Held Of has military OMAR tior.
Saeh was the opinion Of Judge Woo1hprS
who said: j.
M y impression is, that state =, Una.
Whether foreign or domestic, may a .ist. In
the great leril OF which 1t Is comn.Ier ~ ~
de. Is rights and on principles Of na,ionr,
law, for the commanding ofnoer NJ trnnrs
under the con oilins government. TO extsri
certain fiSnH cf war rot only over his
camp, put ts enyirons, and the near Asld AZ
his military Operations, but no .urtnar or
wider. Va
the best cpinion would seem to be tina, ,n
time OF war, the Goverrm ut, by act ~ Cor
gress may place the country nader malta,
law IN limited and IN ttigated sen Sc thcuss
there has been mnoh controversy nnon ~
limitation nf the power. SO also In tha
language O. Judge " oodsnry, the command.
ing offeer Of troops Elay extend certain
rights OF war, no, only over his camp, hut
its enVirons and the near Aeid OF his military
operations" beyood this, neither the aov
ernmens nor tbs military commander can
properly go.
Nothing but imminen: peril 20 the army.
arising nom the near prese nee OF the enemy
can authorize the commander TO suspend or
arrest the execution Of Ordinary ciyll pro
cess. IN this, as In other res poets, the SAFETY
of the army Will be the ruiing motive Gf the
military commander.
There are hit tpn Instances in which mar
ttal law was resor led To Ut der the old Gov.
eminent. The first was IN New Orleans in
le>f, when Gen. Jackson took the authority
against the opinion of Edward Lvingston.
on OF the ablest Jurists Of his day 10 ri are
thatffsy uader martial law The second YVES
in si2. and occurred In Rhode Island during
what IS known AS the Dorr rabeliion.