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


and entered pirate Citizens Dwelling Ileuse
and made search for the owner An action
Of trespass was brought aTterw ards on ac-
count of this. and was finally decided against
the plaintiff in the United States Supreme
Court In the well-known report of the case
Luther vs. Borden, Howard = Chief jus
tice Taney delivering the opinion of the
Court SAYS
''If the government OF Rhode Island deem
ed the armed opposition so formidable and
50 ramified throughout the State. as to re-
qaire the use os rs military force and thu
declaration OF martial far, we see no ground
upon which this court can question its au-
thoriiy. II { state Of WAR and tie cstgJ-
listed q9rer1rrr.f 7esoFtef 70 TIE rights ast.{ ssafs
81 10 sadis,tat atseLT ,sa,td to ogsrcone tie
lyl1rfia opposition. Amt that stat of Uii1e5s
the offers eacags,f N its military s@lsice might
laefu}y afr,st any one, 'cho, from tie i3for6sG-
ton before :heal tieg had reasonable grounds 10
heiiete ,rsrs emerged ia tie aasuFrc-tiaa ant
7aietf or t- house 10 b fof-i5ly s,itsfe,} and
searched when there were reasonable grounds
for supuos1ng ne mi ght there be eoncealed-
IFtkhoaa the ye,1ce, 10 do Lfis nlafttal lac and
bts military array OF The government .rolad b
nls-l p1rais, and rather encourage attack Aea..
rspA a." (P ~
Judge Woodbury., vino dissented from the
opinion of the court, upon the ground that
the State could not proclaim martial law in
time of peace, war not having been declared,
distinctly dweIls the difference between
martial law in the modern use of the term
and mere military law He remarks: . For
nothing Is better settled than that military
! la applies only to the military: but martial
law IS here made to apply to all {p. Coz
and again (p. 6l): !" II is settled principle
even in England, that under the British con
stitution. the military law does in no respect
cit int it-iI
law of the realm, and that the former is in
| general subordinate TO the latter. (I'gde5. or
HIita,g Lar, 365) lrtiie martal lar oasiri&es
! them al" Again Up. So:
my impression is that state Of war,
whether foreign or domestic, may exist, in
/ the great perils Of which tits competent, under
I its rights and on principles of martial law,
/ for a commanding officer Of troops under the
controlling government TO extend certain
! rights of war, not only over his camp but its
/ envirOns and the near field of military opera
/ tions. Is am. 4r@bires 1856"
/ 1t would seem that Nallandigham's arrest
! came within this definition, he being quite
near 10 Kentucky, and within Gea Burnside 5
department, which was full of troops But
| if there was at the time any doubt on that
| head | submit for his consideration the ques-
! ton, whether his friend John Morgan has not
| fairly brought the case within the learned
Judges rule, jusrifying he military action, by
! including that locality within g the near field
! Of military operations in his Ohio raid, the
/ act being done, as the lawyers say, Hatle pro
/ tune. NJ legal friends will see the point. but
! viii not understand me as expressing any
| opinion on it.
| In the Chief Justices opinion Up. 49,, the
martial law OF the time of the TudorS and the
Stuarts of England Ito which alone Hale re
| lerredl Is particularly distinguished from the
martial law of modern warfare.
Caleb Cushing was but very lately great
| light 10 the modern democracy. In 1885,,
! when Attorney General of the United States.
| he wrote a learned opinion on this subject
which should put TO shame Wisconsin cop
| perheads. / have not time for extracts from
| this paper, which contains fiat deniaIs of the
! RYAN dogma. You viii find it in the eighth
! volume OF the opinions Of the Attorneys Gen
| eral, o. 1861 1t slashes the new doctrine
right and Left He cites the very passage
quoted by Mr.. RYAN from Hale, and has the
clualty to call 'U 50 mere composite blunder
d total misrepresentation of the matter" H.
| saws - it cOnfounds z7ayfi.a tar and tar mil,
| t4ig: it aseribes to the former the uses Of the
latter" He sneers at it, jeers at it. Ola
sarcastic vet orthodox Caleb how could yoJ
spit on this great plank of the Wisconsin
| Democratic platform
Benet on Courts Martial and Military Law
quotes largely from this opinion, anI say
page lo):
. Martial law has often been confouuGeC
with military law. and iJ Is difficult 10 give 4
precise terms its exact definition and import
In continental Europe as in France, we I'm,
Ne STATE Of s;eg5 This may have a lawful orr
GIN either in than act Of the political soyer
eighty, or in the necessity of circumstances
/ When it exists, the civil law i suspended 70
the time being or at least made subordinate
and its place is taken by martial law, unde
the supreme if not the direct administration o
the military power. The state of siege ma,
! exist in a city, or in a district of country
either by reason of the same being actuall
beseged or invested by a hostile force, or b.
| reason of domestic insurrectiOn. X Z
The state Of siege of the continental juTists
is the proclamation Of martial law of Englan,
and the United States-only We are withou
law on the subject, while in other counties i
is regulated b. known limitations In de
bate in Parliament the Duke Of Wellington
contended that martial law neither NOR
/ or less than the will of the general who com
, mands the army"
Martial law was declared III Aexlco by Gen
Scott (Benet D. ID. 1t Is recognized by az
( of Congress (6gth Article of War; under tn,
name custom of war" In the ease Of hem
and other Ozaukee county rioters, discharge
last winter by the Supreme Court on 6absI
| corpus, the authority of martial law was recOg
( nizcd a. extending to citizens in certain cases
Aud did suppose, that decision was know
to NJ Ryan, and approved by him, and hi
associates.
! very great statesman. celebrated for n
wonderful learning as for his spotles- integ
: ritv, the old man eloquent, John Quinc
Adams, In a debate in Congress, declared
words not gainsayed even ty the hothea
b champions of slavery who listened to hlm.
Il Law this down a the law Of nations.
3 say that military law takes, for the time, tn
. Mace Of all municipal institutions, and SLAYER
Z among the rest: and that, under that state c
things. 50 far from its being true that tn
States where slavery exists have the exclu
-ive management Of the subject, not Only tn
r fIrss;.feat OF the United States, Bat tie Con
I. l4aa5zl. Of tie -4ruy, has Poger 10 order ii
,ltigs,.saI ejRanrip patton II The 9oseS.
4 From the instant that the slsvehOlding State
become the theatre of war, civil, serslle, @
foreign. from that instant the war powers G
f7.,II-~, = extend to interference with the inst
tuition of slavery, in every way in which
= can b.. interfered with, from a claim {
iGennity for slaves taken OF destroyed, 10 IN
Z cession OF the States. burdened with SLAYER
I - = foreign power 1t Is va
. power; / say. il il q war power; and whe
r your country i actually in war, whether
he a war of invasion or war OF Insured
r. -:an Caro-a-S has the power TO carry on Tn