Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1862-04-03

L
from destruction at Salamis, or his pomp OF
military power from vanishing in the wind
along with the shouts of liberated Greece at
Platea. o. Delta.
What is Martial Lawa
The Memphis Appeal has the following
on martial law
A considerable diversity of opinion pre-
walls in regard to martial law, its character,
extent and instrumentalities. Many per,
sous suppose that military law is martial
law. This is an error. The former is 9
code of laws prescribed for the govern.
meut of the army. 1t relates exclusively
to persons attached to the military service
and does not, in its operations, embrace
those engaged in ordinary civil employ
ments.
Martial law on the contrary, embraces
every description Of persons within the
city or district over which it has been es
tablished. 1t is not defined and ascertain
ed by enactments and judicial decisions, as
in the case of military law, but springs
from the will and judgment of the com
msndant whose duty it is to enforce it. Il
supercedes the ordinary instrumentalities
of courts, such as judges, juries and sher'
ifs. 1t may even suspend, for the time
being, the great writ of habeas corpus. 10
other words, martial law may be said to be
no law at all, but rather the sotU of the
military commandant, regulated, it is true,
by an enlightened regard for the general
welfare. Its true intent and aim is to
place all power, as we'll as all the resources
of the district, in the hands of the military
authorities, to be used and welded against
the public enemy. -
1t will thus be seen that the object had
10 view is the public veal, and that if we
are restrained of any portion of our accus
toned rights, it is done for our own good,
as we'll as for the general safety. This
consideration alone should reconcile us to
any inconveniences that may result from
the establishment of martial law.
1t is proper to remark, however, that in
the execution of martial law, great prudence
is to be exercised. Chief Justice Taney
holds 'that no more force can be used than
is necessary, and if the power be used for
oppression, or any wilful injury be done to
person or property, the party by whom or
whose order. it is done, will be responsible
to the injured person"
A review of the legal authorities would
seem to conduct to the conclusion, that a
military officer cannot declare martial law
except over his. own camp aud its envirous,
and the near field of his military operations.
Such was the opinion of Judge Woodbury.,
who said:
"My impression is, that state of war,
whether foreign or domestic, may exist, in
the great peril Of which it is competent,
under its rights and on principles of nation
al law, for the commanding officer of troops,
under the controlling government, to ex,
tend certain rights of war, not only over
his camp, but its euvirons and the near
field of his military operations, but no fur
ther or. wider"
The best opinion would seem to be that
in time Of war the government, by act Of
Congress, may place the country under
martial law in a limited and mitigated
sense; though there has been much coutro
versy upon the Limitation of the power
So, also, in the language of Judge Wood
bury, the commanding officer of troops may
"extend certain rights of war, not only
over his camp, but its environs and the
near field of his military operations" BE-
yond this, neither the government nor the
military com mauder can p.operly 60.
Nothing but imminent peril to the army,
arising from the near. presence of the ene'
my, can authorize the commander to sus.
pend or arrest the execution of ordinary
civil process. In this, as in other respects,
the safety Of the army will be the ruling
motive of the military commander.
There are but two instances in which
martial law was resorted to under the old
government. The first was in Nes Or.
leans, in 1914, when General jackson took
the authority, against the opinion of Ed.
ward Livingston, one of the ab!est jurists
of his day, to place that city under martial
law. The second was in 1912, and occur.
red in Rhode Island during what is known
as the Dorr Rebellion.