St. Mary's beacon. [volume] (Leonard Town, Md.) 1845-1863, 1862-10-02
From the Constitutional Union.
MA1L4AL LAW; WHO CAN DE-
CLARE IT!


MAMMAL LAW; WHO CAN DE-
QkARE IT!
lIelow will be found learned and able
coa1nunication on the subject of martial
law and full and satisfactory answer to
che query. who can declare it in this free
coulxTJl We invite especial attention to
ths tscts set forth in this paper. as they
shes \ food Of light upon what some 9th
ere clear-headed persons think q diff
sstSs4oeStion. A perussi Of the aIgu-
ments so forcibly presented BY Liberty"
will also enable every man to see on what
an immoyablc basis the advocates of the
supremacy of the civil over the military
power Of the Government rest, and what
danger there lies in allowing all civil right
to be destroyed even in times of war .
The communication should be attentively
read at this crisis:
Mr.. EDIroR-I have just read the ar
tiole published in your issue of the 10Th
instant, quoting from an article in the
Frcemams journal, on martial law. AS
you there observe, it is question of great
importance to the citizen to know ut the
present time. what would be his position
in case martial law was proclaimed; or
what is of more importance, whether any
and what power, if any, can declare it !
Although do not think the latter now
would have much influence with the gen
erality of our people. for see SO much
disregard OF what has been done and writ
ten by the wise men Of former times, that
have almost began to dispair of stability
under Republican form Of government,
and have almost arrived at the belief that
the feeling which banished Aristides be-
Cause he was ju,t, aud Thcmistocles be.
cause in faver Of the supremacy of his
native town. is still in existence; needing
but energy in some traitor to the Govern
ment to set aside all law. except the will
Of the msjority-the tickle multitude
and produce rc-enaction Of those scenes,
that sanguinary dcluge, which will be an
everlasting disgrace to the French people
However. as there may be some reason
still existing in the minds of the people
as it requires energetic action on tue part
of conservative men to avoid in this city
the evils Of example of o:.er ci,ies-of tn.
beauties Of the system to dcspotic rul.
therein, our free press SO frequently fond
~ dwells Ont may not be uuwise and
certainly cannot DO deemed unpatriotie, to
spend few moments in the consideration
Of the liability under which we would la
Dor in case it be here declared, and BIZ
whom the declaration can be made; hop.
ing by these means to awaken a sleep
ing community to the danger Of its excr-
else. and to impress upon the mind Of each
citizen the position he would occupy LIE,
us therefore see what is martial law, and
what are its effects.
Martial law, be it first understood, is
not military law; it is not the declaration
of those rules and regulations enacted for
the government of the army of the United
States, when in service. applied TO the cit
izen. There would be some stability and
knowledge of what and what is not to BE-
done if such was martial law. 1t is not a
rule prescribed, but it, if lawful. exists on
ly with the commander, and il retroactive
aud retrospective as we'll as prospective
1t derives its name from being formerly
under the control of the Earl Marshal Of
England. Under the Tudors and other
arbitrary princes of that country, before
the people were in position to claim their
rights, it was used as constant source of
in which numerous Instances
are to be found in history
"Ln acdr time and IN the field the Prince
hath also an absolute power" writes Sir
Thomas Smith, (l642 } 80 that his word
is law. He may put to death. or to other
bodily punishment. whom he shall think
so deserve, ~tfhom process If lar or form
of Judgment. This hath been sometimes
used within the realm before any open war,
in sudden instruction aud rebellion, Lut
that not allowed by wise and grave men,
who, in that their judgment. had consii-
Grafton OF the consequence and example,
as much as of the present necessity. espe-
cially when. by any manner, the punish
ment might have. been done by order Of
law" 1t is, says another writer, ''the
absence of all law" In this it differs
from military law. The latter, says Mr.
Tytler. in his Essay on Military Law, in
its principles is las certain, Discriminate.
and immutable as are the principles of the
common and the statute law, which regu-
late the civil classes of society,"" And
Sir Matthew Hale writes that the former
is not law. but something INDUCED rath-
CT than allowed as law; and that it re-
lates only to members Of the army. being
never intended to be executed upon others,
who ought to be governed by the laws to
which they are subject, thong it be time
Of war. Hale H. C. L. So Iu Eng
land the military are governed by an Act.
passed annually. called the Military Bill.
Martial Law is. therefore. ian expedi-
ens, resorted to in time of public danger,
similar in its effect to the appointment of
a dictator" (O'Brienon NJ. L aud eek
lists, to use the words of the same writer.
.only in the breast of him who proclaims
and executes it,"
This kind of martial Law is not at pres
ent the law of England. refer the pro-