Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1862-03-26
Martial Law.--what it is.

this City and the County around for The space OF
ten miles from :he City, having very naturally
raised inquiry among those whom it would affect,
as to the character of this new kind of law to our
people; and being ourselves in want of correct 10.
formation uP99e the subject, VIC applied 10 legal
friend to furnM us such reliable learning as lay
within his reach. He has sent us the following
which, after an observation or two of our own, we
will spread before readers.
We find in the Norfolk Day Book the official or
ders of Col. Cantwell, of this City, who is "Civl
and Military Governor" of Norfolk and Portsmouth,
martial law having been declared in those places.
We make the following extracts FROM these orders:
"The city bells of Norfolk and Portsmouth will
continue TO be rung as required by the ordinances
of those cities respectively. Tattoo and second
BELL will be sounded in front of the Main Guard
House in each city, at 10 o'clock p. ~; after which
the sentnelS will begin to challenge all. passers.
All 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 Gar 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
Persons desiring to leave the District or to pass
over 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 sentines 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 their departure"
The above Will afford some idea of the great in
convenience Of martial law. But court martial ia
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 poUeer of these courts and of the
oppression which may be practIced 10y them. In
word martial Law suspends all constitutions aud all
laws Of civil nature. 1t should never be declared
except when indispensa5ly 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 il the
evil thereof" Some months ago Mr.. Lincoln was
vehemently denounced for suspendng the writ of
hd6sas 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 are
also to come under it, ought to have 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
But to the extracts furnished us by our legal
friend:-
At your request | send you extracts from the
writings and opinions Of learned juristS upon mdr-
tidL lao. The definition OF this law, given more
than n AGO nv that very nroiuunu EnuSh
jurSt, Sir William Blackstone, it will he perceived
is still the accepted one:
Martial Law. which is built upon no settled prin-
cipleS but is entirely arbitrary in its decision is,
as Sir Matthew dale observes, in truth and reality
TO law, but something INDUCED rather than allow
ed, as law. The necessity of order and discipline
in army is the only thing which can give 1t
tenance"-4 b. Com. 43S.
IAN arbitrary kind of rule sometimes establish
ed in place district occupied controlled by
armed force, by which the civil authority and the
ordinary administration of the law are wholly Sus-
pended, or subjected to military wer."-BarriES
dgJiaittOn in 1850.
These writers have no conception of MARTIAL Iap
proper except in places occupied controlled by
armed force, and then to preserve "order and
discipline in the army
In very elaborate opinion Of vast research, de-
lvered fourteen years since, the late Judge Wood
bury of the Supreme Court Of the United States,
he thus describes the law military and the law mar
tial, and draws the distinction between them:
{" Il is settled principle in En- land, that un-
der the British Constitution the military law does,
III no respect, either superscde interfere with the
civil law of the realm, and that the former is in
general subordinate to the latter, Tytlcr MIL
tGry Lac sos; while martial law overrdeS them
all. The articles of war likewise, not only
thorized by permanent rather than temporary legis
laton, but they are prepared by or under it, with
punishmen,s and rules before promulgated, and
known and assehted to b. those few who are sub
ject 20 them, operating under established legal
principles, and the customary military law of mod
timeS.-l East, 306 3l3; Pain rs HiILard
II Wheat. 539, and also 10; l .Nac drthur, Courts
Martial Is and 2l5 They also definite in the
of authority under them to subject matter
we'll persons 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 even of those VINO are, in all
other matters than what are military, and placed
under military cognZance-2 stephen on tdcS 81
EngLGnd, 602 BAG. Abr, Solder, r.; Tyler on
Military Laar, 49, And as further proof how ri
gdly the civil power requires the military to con-
line even the modified code martial to the military
AID TO what are strictly military matters, it cannot,
withoutability to private suit IN the judicial ribu
nals be exercised Gu a soldier himself for cause
not military, over which the officer had right
to order him. Taunt G7 Haule d S-i.o., 400;
. H. b., lO3, 537; Cranch, 337 Z Johns, 81
The prosecution Of Governor WALL in England, for
causing when he was IN military command, a SOL
der to be seized and logged so that he died for
imputed offence not clearly military, and by pre-
tended court martial without full trial. and executing
Wall for the offence after lapse of twenty years.
illustrate how jealousy the exercise of any martial
power is watched in England, though the act he
done in the army itself, and on its own members
See Annual RsJister for 1902, p. 669; 2S State
Trials, p. 50, HODeLes 81. -...... ...s
-Nartial lac exposes the whole population with.
in its limits not only to be seized without warrant
or oath, and their houses broken open and rified,
and this where the municipal law and its officers
and courts remain unCsturbed, and able to punish
all offences, but 10 be sent prisoners, thus
marily arrested in civil strife to all the harsh
pains and penalties of courts martial, eXtraordi-
nary commissions and for all kinds of supposed Of