Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1862-10-24
DOES MARTIAL LAM EXIST IN AMI FORM IN TIE
coSFEbER2oYe

DOES MARTIAL LAM EXIST IN ANY Fosa IN TIE
CoSFRbER1CYe
Adopting this conclusion OF Congress, which ln-
6eed is enforced by the piainest common sense, ana
which it would be impossible TO avoid oy any inge-
nuty Of logic, it remains an interesting question:
branch of the government to continue assume the
exercise of extraordinary power lnTeaton 10 pouee
regulations over its armies citizens within its MIL
itary lines.
As Congress neglected to make any special en-
actnents to confer such powers on the executive It
seems to follow, as a psin conclusion, that martial
law even in the limited sense allowedt by Congress,
IA, no LONGER any erEStence in this COn1ederacy and
that any attempt to continue it even in any modii-
cation or Disguise is in derogatoE of the aw-making
power of the Government and in defiance of the Con-
stitution.
This conclusion is not too strongly stated. The
power to enact modified martial law is distinctly
vested in Congress, for the Constitution expressly
grants Congress the power to make rules for the
government and regulations Of the land and naval
forces." Since it has long been well settled that
Congress alone can authorize a suspension OF the
writ of hd6eas corpus, it might have been inferred
that the personal liberty Of the citizen can never be
invaded without legislative authority and the truth
seems automatic that the laws can be suspended
only by the law-making power "All legislative
powers herein delegated" says the Constitution,
"shall be vested in Congress Of the Confederate
States" Congress is also Ito make all laws which
shall be necessary and proper for carrying into exc
cution "all powers vested by the Constitution in
any department Office" of the Government in
Guiding the President. 1t follows that no law can
exist by authority of the Confederate States unless
it be enacted by Congress- Either martial law is
properly styled law, or it is not if it is not it is
lawlesS power and cannot exist in government
such as ours
AS Congress repealed its grant of power TO the
President to suspend the writ of habeas corpus made
in The Act of February 27, 1862, and adjourned
without making any new enactments for the Police
of the army and citizens within its lines (which
were declared to be the limits of martial law IN its
modern and legitimate senSe) it follows that the
old condition OF the country, as existing under the
Constitution and the laws, is restored anG that
tal law, even in the sense to which Congress has
confined it. no longer exists in any portion Of the
COnfederacy beyond the extent Of the Constitution
and the known written laws of the land This is
the plain conclusion Of the matter and we are sus-
tanned in stating it thus by whas we understand to
have been the intention Of Congress IN making no
additional legislation upon this subject.
We do not believe that the conclusion is one to
be depiored in any respect. The discipline and in
tercsts of the army still in the hands of its COM
manders and, as we have already said, the princi-
pie is clearly recognized, that without martial law
military commanders may sometimes exert extra
ordinary powers at and near the places occupied by
their troops, and may be justified by the nature and
necessities OF the service. The difference is that
under martial law the commander could exert these
powers as an autocrat; without it he only exert
them on the hazard of responsibility, according to
settled principles of law % persons whom he may
unduly injure. The difference implies no prejudice
to the army, while it does imply safeguard to the
rights Of the citizens and an Important recognition
Of the civil liberties of the country.