Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1862-03-26

this City and the County arvund for fhe su;ssses Of
ten miles from :he City, having ye.y naturally
raised an inquiry among those whom Is would afsc,
As to the character of this psw kind Of law 10 on,
people; and being ourselves IN want IL correct in
formation upon the subject We applied to : legal
friend to furnish us such reliable learning IS law
within bis reach. He has sent US the Sosloweg,
which, after an observation or TIVE Of our own, We
will spread before our readers
We find in the Norfolk Day Book che official or
ders of Col. CantwelI Of this City, who is .Civil
and Military Governor" Of Norfolk and Portsnsouth-
martial law having been declared in those places.
We make the following extracts from these orders:
The city bells of Norfalk and Portsmouth, will
continue to be rung as required by the ordinances
Of those cities respectively. Tattoo aad . seeond
bell, will be. sounded in front of the Main Gusrd
House in each city, at 10 o'clock, p H.; after which
the sentlnels will begin to challenge all passess.
AN persons, of every degree, without the counter
sign or written pass, signed by the Provost Mar
shall and accurately and fully describing the bearer,
will be arrested and carried before the Captain of
the Guard, for examination. Physicians, persons
bringing country produce to the city for SALE and
others whose business in life requires them out at
night, will be provided by the Provost Marshall
with passes, to enter the cities and go about. q
Persons desiring to leave the District, or to pass
over or upon the water courses except by the Ferry
Boat WILL be required to give one days notice to
the Provost Marshall of such desire or intention
The sentinels around the cities and districts will
suffer none to pass upon any pretext, and will arrest
any attempting to 20, without the written passport
OF the Provost Marshall countersigned by the Civil
and Military Governor, and accurately and fully
describing the person of the bearer of such pass
port, and authorizing his, her or their departure"
The above will afford some idea of the great in-
convenience of martial law. But a court martial is
held every day in Norfolk. The court is composed
Of military officers, and is organized and conduct
ed according to the rules and articles of war" and
punishment inflicted accordingly. This will afford
some idea of the po1er of these courts, and of the
oppression which may be practiced by them In a
word martial law suspends all constitutions and all
laws of civil nature. 1t should never be declared
except when indispensa6ly necessary to the safety
of the community or State ..
The time may come when it will be necessary in
this community, but Sufficient unto the day is the
evil thereof" Some months ago Mr.. Lincoln was
vehemently denounced for suspending the writ of
habeas corpus, and putting the people of Maryland
under martial law shall we, IN the absence Of the
strongest necessity for such course, follow his ex
ample? Besides, if martial law is to be proclaimed
in Raleigh, the people for ten miles round, who e
also to come under it. ought to have a voice in the
matter. 1t would not be right in us to assume to
speak for them, and to ask the President to put
them, as well as ourselves under this iron rule
Rut IN ha avtracts f,,rn;chod fv o,r lo,ol
friend:-
At your request send you extracts from the
writings and opinions of learned jurists upon mar
tial laao The definition of this law, as given more
than century ago by that very profound English
jurist, Sir William Blackstone it will be perceived
is still the accepted one:
martial law. which is built upon settled prin-
ciples, but is entirely arbitrary in its decision, is
as Sir Matthew hale observes in truth and reality
no law, but something INDUCED rather than allow
ed, as law. The necessity of order and discipline
in army is the only thing which give 1t coun-
tenance - b. Com. 43S.
IAN arbitrary kind of rule sometimes establish.
ed in place or district occupied or controlled by an
armed force, by which the civil authority and the
ordinary administration Of the law are wholly sus-
pended, or subjected to military power" -Burrtps
definition in 1850.
These writers have no conception Of martial 1au
proper, except in places occupied or controlled by
armed force" and then to preserve order and
discipline in the army"
In very elaborate opinion of vast research, de.
lvered fou, teen years since, the late Judge Wood
bury, of the Supreme Court of the United States,
he thus describes the law military and the law ar-
ttal, and draws the distinction between them:
q 1t is a settled principle in Eng land that 'un-
der the British Constitution the military law does
in no respect either supersede interfere with the
civil law of the realm and that the former is in
general subordinate to the latter Tytler on Mil
tary La,c, 365; while martial law overrides them
all. The articles of war likewise are not only au
thorized by permanent rather than temporary egis-
lation, but they are prepared by or under it. with
punshments and rules before promulgated, and
known and assented to by those few who are sub
ject TO them, as operating under established legal
principles, and the customary military law of mod
ern times.-l East, 800, BIB; Pain cs. Willard
- Wheat. 539, and also 10 J; Mac Arthur, Court,
Martial Is and 2l5. They are also definite in the
extent of authority under them as to subect-mattel
as we'll as persons, as they regulate and restrain
within more safe limits the jurisdiction to be used
and recognize and respect the civil rights of those
not subject to it, and of those who are, in all
other matters than what are military, and placed
under military cognzance.-2 Stephen on Mns q
England, 6O2; 9 BAG. 46r., Soldier, f.; Tytler on
Military La,c, 1l9. And as further proof how ri
g;dly the civil power requires the military to con
fine even the modified code martial to the military
aid to what strictly military matters, it cannot
without liability to private suit in the judicial tribu
nails, be exercised on soldier himself for a cause
not military, over which the officer had no righ
to order him.-4 7aunt, e.; 4 Maule d Selu, 400
Q H. b., 1O3, 537; Granch, 337 Johns, st
The prosecution of Governor Wall, in England, 70,
causing, when he was in military command, sol
der to be seized and fogged that he died, for ar
imputed offence not clearly military, and by pre-
tended martial without full trial. and executing
Wall for the offence after lapse of twenty years
illustrate how jealousy the exercise of any MARTA
power is watched in England, though the act b
done in the army ITSELF and on its own members
Sec annual Register for 1902, p. $50; % Stot
Trials, p. 50, Hopelrs ed.
Martial law exposes the whole population with
in its limits not only to be seized without warrant
or oath, and their houses broken open and rihed
and this where the municipal law and its officer
and courts remain undisturbed, and able to punish
all offences, but be sent as prisoners, thus sum
marily arrested in civil strife to all the harsh