Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1862-10-29
DOES NARr1AL LAW EXIST IN ANY FORM IN THB
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DOES MARTIAL LAW EXIST IN ANY FORM IN THR
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Adopting this conclusion Of Congress-, which in
5eed is enforced by the plaiuest commo sense and
which it would be Impossible to avoid by any inge-
nuity Of logic it Remains intere sting question
whether any authority has beeh left 10 the Executive
branch of the government to continue assume the
exercise of extraordinary power in relation to police
regulations over its armies citizens within its mil
itary lines
As Congress neglected to make any special en-
actments to confer such pow the Executive, 1t
seems to follow as plain conclusion, that martial
law even in the limited sense aowedlt by Congress,
has no loner any eziste1tce in thas CoederGcy and
that any attempt to continue it. even in any modii-
cation or disguise is in derogatioE of the lawmaking
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 ITO make rules TOR the
COVER nment and regulations of the land and naval
forces" Since it has long been we'll settled that
I Congress alone can authorize suspension OF the
writ Of ha5eas corpus it might have been inferred
that the personal liberty of the citizen 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,
;sshall 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 or 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, it is not; if it is not IL IS
lawless power and cannot exist in a government
such ours.
As Congress repealed its grant of power to the
President to suspend the writ of habeas corpus made
in The Act of February 81 1862, and adjourned
without making any new enactments Tor the ponce
of the army. and citizens within its lines (Which
were declared to be the limits of martial law IN its
modern and legitimate senseD it follows that the
old condition of the country, as existing under the
Constitution and the laws is restored, and that mar
tlal 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 what 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 dep!ored in any respect. The discipline and in
terests of the army are still in the hands of its
manders; and, 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 tina,
under martial law the commander could exert these
powers as an autocrat; without it he can only exert
them on the hazard of responsibility, according tt
settled principles of law 20 persons whom he ma!
unduly injure. The difference implies 10 prejudice
to the army, while it does imply safeguard to tn
RI hts of the citizens and an important recognition
of the civil liberties of the country.