Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1863-10-21

! ieral!st aad traitor. Throughout ali The asst
extent Conquered by cW arms. Either our
miIitarr commanders must hold these dis
! tIicts bv martial Law, or they viii cease to
! hold them at ali. Ii the statutes OF louis
i lana are enforced in New Orleans II must be
by the rebel executive and judicial authori-
4 ties OF that State, because such are the re-
+ quiremeRts of those statutes With a rebel
I judge IN the seat Of Justice. rebel sheriff
and rebel governor, I need hardly say that
/ Gen. Banks and the Union army would
| speedily FL Louisiana prisons and bangle on
/ New Orleans galloNs.
I Every step OF an army OF the highway IS a
| trespass every camp justifes an eJeetment ;
/ every mule seized Hlay be repleFied; every
/ citizen arrested on suspicion NAV have a h.
/ bias corpus and 90 loose; every stealthy guer-
I rilla disarIned may plead an infraction OF his
/ constitutional right to bear arms; and every
I harborer Of rebels demand for his house im-
I munity from search except upon warrant :;
unless there Is i martial law applicable 10
/ such cases; unless war conlers powers un-
I kuoTn % peace.
| II Is obvious that ata,t.d lac such as have
/ described, Is very different thing from the
/ code Of rules provided for the Internal disci-
! pine and management Of military force. That
I i ayttar4 lar It Is administered mainly
through court GIrartials. 1t il mostly written
/ and constant. The marital LAM i unwritten,
and varies with the viii of the commander,
I ana the circumstances Of the position.
TO aha We now call military law, the term
I martial IaN was formerly applied by English
( writer's military law being formerly as loose
I and underlined at least as martial law now.
I The whole ground IS covered by the article
/ on martial law in the New American Cyclic
pedia, to which invite your attention:
d" Martial law is often confounded with mil
( italv law but these terms are by no means
! convertible. Military law, beside some Gus
4 tomarv law, consists chiefly Of the articles of
. war, that Is to say, Of the code enacted bv
the supreme legislative authority, as in Eng
land By parliament, and in the United States
I D. Congress, for the government OF the army
and navy. It embraces also, the body of
+ rules and regulations which are prescribed
from time to time by competent military au-
taor5tv for the preservation of the general
dl= piine and order. Military law does not
I suDersede the general municipal law It Is
rather branch Of ii, more limited indeed
in the range Of it application than the ad
miraltv or the chancerv law, for example
yet having Ike authority with them IN
this country, unlike some OF the states III
continental Europe, the application OF mill
tary law To the soldier i not exclusive of,
but eg-oldinate with, the general civil law.
Every soldier, as citizen, is subject to the
common law of the land but Is u soldier
he Is amcn4bie TO the military law. The
special tribunals which administer this law
are named courts martial and hence. perhaps
has arisen il part the confusion OF the mill
ta-v law with the law martial So Cont
Eyrg;aN Martial law Is. saws Blackstone
in fact no law at al. Yet Stephens, an emf
neut commentator, defines the law a that
whatever 1t may be, which is imposed BY the
military power and saws th3J, i it exists at
al now in the INSTITUTIONS Of England. it Is
identical with the articles OF war. So in hi:
Law Dictionary B0uviersays martial Law IS a
code established fO- the government Of the
army and navy. Its principal rules are TO be
found In the articles OF war. It- object l. 10
subject tae whole body 10 certain rules OF
discipline essential 10 energetic and effective
( action, and violations Of Il are 10 be tried by
court martial These authorities detue very
vel. military and III d certain sense but not
we'll. martial law / clearer Idea IS that fur
uIshed by am old writer. Smith. yrho IN his En-
1 -.lsa Republic saws Martial Law i the law O
war. lha5 depends on the just but arbitrary
power and pleasure OF the king. For, though
lie does not make any laws but by common
. consent ia parliament yet in time Of war, by
reason OF necessity of it, 70 guard against
dangers that often arise, uscth absolute pow
err; 80 that his word i "a law However OPP
posed To other authorities, this expresses
what i Ii-cinctivaIy meant, both IL England
ana u this country Ev martial law. " heI
lu time IF extreme peril 70 the S.4te, either
/ from without or within, the general safety
cannot he trusted To- tie ordinary 2dmiujstra
tiou or the public welfare demands the ad0p
/ ton anu execution Of extraordinary meas
urrs. il mav become necessary to declare tn,
existence OF martial law. This Is, indeed, M
IaW ar All a is ordinary sense; it Is IN fac
/ the abro-aJion II il. That which Is dout
/ under martial r." has not an Immediate con