Washington telegraph. [volume] (Washington, Ark.) 1839-1871, 1862-07-23

have any sufficiently distinct ideas Of what
martial law is intended to effect. Until the
present war it has been almost unheard Of in
the United States. Generally it has been con-
sidered something monstrous, and tyrsnnical
Its exercise by Genl. jackson whilst defending
New Orleans, was loudly used to his prejudice
throughout all his subsequent career.
Its. in its proper time and place, the most
benehcent thing for the non -combattant citizen
which his heart could ask. Although sum
mary in its character, its effects are TO shield
him from the violence of turbulent strength
and improper assumptions Of authority in the
absence of those civil tribunals to which he il
wont to appeal.
When the civil tribunals are suspended or
powerless, the weak and timid are at the mercy
OF the strong and rapacious. Life depends
upon the uncertain passions, and hasty preju-
dices of vigilance committees. Property is
held merely by suferance, and the cloak of
patriotism and the country's service, is made
the easy pretext for private plumber. Then
martial law becomes blessing. Any laws
those of Draco-sre better than nome provided
they be enforced. The citizens know what to
expect and may regulate their steps with some
assurance.
This martial law SO far from overruling the
civil authorities is in one sense part Of the
civil law. 1t owes its origin TO acts Of Con
gress. Is committed to certain high autho-
rites whose dignity and prudence or at least
whose pride and sense of responsibility, impose
upon them the duty Of ordinary justice. 1t in
PRODUCES the military arm, in aid Of civil rights
Next to the protection of our armies from trail
tors aud spies, its highest function is to pro-
tcct the citizen in his peaceful avocations. Its
authorities are delegated to certain officers
who are themselves bound by certain rules
and from whose decisions there are regular
appeals.
such Is martial law. II is not martial law,
for any military commander, high or low to
exercise summary authority in either taking
or destroying property. Martial law does not
authorize, Of itself, any one TO ..prcss" or
wan'only to destroy property or arrest citizens
These things if done, are upon the response
biiity Of the actors and must be judged BY the
peculiar circumstances of each transaction
Our only object i'll the present writing. Is 10
assure our citizens Of the beneficial operations
oil martial law 70 as to secure their hearty CO.
opera ton with the Provost Mar>hals. and nj
the same time to advise them that many things
may be attempted under guisc Of martial law
which should not DO approved
Whilst we urge our citizens to support in
the fullest manner all proceedings Of those au-
thorized to enforce martial law: vs., NJ le..
earnestly hope that all military commanders.
or persons connect ed with the army eithe- re-
sident or transient, will avoid interference
with the persons, property occupations of
the citizens. 1t is very important that the
them. The soldier banded with his fellows.
is strong, and apt to be hasty. he may readily
misc conceive his rights and duties anil may n
any time with the best intentions u, an impru-
dent act. Whatever H. not forbidden ~ the
civil law. the orders OF Provost MArsiials
tlic citizens has ri, ht 10 d. Military officers
have fullest command over their soldiers, 10
them in camps or punish them for
disordcrly conduct, and power To exclude the
other meIn5ers Of society from approaching
them for the purpose Of injurious practices or
traffic. But a. such commanders they have no
right to take possession Of towns, and open or
close houses, or seize property or destroy the
same. These are high sovereign powers too
grave to be entrusted to the discretion Of sub
ordnates-andtheir exercise, even when well
and seemingly justified by the parti
cular case, is grating to that sentiment IF lib
ertr which should always glow in the breast
of freeman. Let all the coercion be strictly
in accordance with, and BY the regular nutho
rites Of the martial law