East Saginaw courier. (East Saginaw, Mich.) 1859-18??, 1863-06-16

martial law results from the cessation
of the power of civil law, aud that it eX
tends only so far as the force Ct The civil
law has cea'ed to prevail Ia the case
of Gen Jackson at New Orleans, it WAS
only declared within the military lines
of his army, having no force and effect
beyond them, in the military depart
inent of whcl hc had command. This
was simply because outside ot his lines
and in all the rest of his military depart
ment the civil laws were IN fall force
Where the army was actively in com
mand AMI within It's lines preparing TO
meet or to resist an enemy, there civil
law could not prevail, and, as n result,
martial law OF necessity took It's place.
Tho principle, therefore, seems 10 be
clear. Wherever the country is dis
turbe1 by hostile movements, where vi
olencc rcigus, where armies are moving
and where, consequently, civil laws can.
not DO enforced, where courts cannot
cit or execute their DEGREES, it becomes
necessary that martial law, which the
Duke o. Wellington defines to be The
mere will of the COMMANDMENT. Chief
should take lis place. 1t then becomes
n necessity for the safety of the citizens
and is 60 extensive only with the noces-
sity. Ii is because there is no civil pow.
or and the Commander.in Chief is tho
only man who can there establish order:
his will is the law of that district. But
1t is only in that djstaict because it can.
not act where civil laws arc in full force.
This is martial law as defined in all the
countries of Europe, and Is il has Always
been understood IN this country until
now.
viii refer, for moment, to tho law
ofsevcral counties in Europe upon the
subject:
"gy the twelfth article Of the French constitu-
ton, re-cstalshng the Imperial dignity, The Eui-
psror hos the right {, Gelare state of scige THE
French Dc N for martial law in one or moro de-
paltmcns, subject 10 refer eutc 20 the Senate with
the least possible delay it Is provided that the
ate Of sego can only be declared in case Of immi-
mt peril, for the iutCrnal and external security,
aud that the National Assembly can alone declare
~, evccIt that the President Of the Republic may
declare Z during pIorogaticn Of the Assembly, sub
ject to Immediately Couycuing the Assent ~ for the
consideration Of IL. IL appears, therefore, that
artitrary man in France can even declare any part
Of the empire nudcr martial law. II farther ap-
pears that the declaration Of tho state of scge,
when made even by tho Emperor or legislative
power, must indicate the cOmmuHSe and the depart
meut to which it applies In special eases govern
Of colonies and commanders Of military posts
may declare state Of scigc, bat they to render
IN Immediate report, ann, if the government does
not think proper TO raise the sCige, a proposition
must Immediately bc made by tho government 10
thelegisaturo 10 maintain it, JGhsGton on Inter
national Lar, page SCI.
These are the provisions relative to
martial law in country where we are
accustomed TO think little regard is paid
TO individual rights, and the Emperor
is esteemed dcspot. 1t will he seen,
however, at once, how carefully his
power IS hedged around, and how small
Ito limit " hich is left for military men
to exercise arbitrary power.
The constitution Of Belgium expressly provides
that the King has no other power than that which
tue constitution and the laws give him, and tho con-
stitution cannot bo suspended IL whole In part
Wheaton, page 52l
" Tn or an'c law Of Itaty prohibited the King
from suspcndlug dispensing with The Observance
OF any law, and. in the war of l8I9 W, en- it was
requisite for tho very existence Of Sardinia that the
king should be invested with extraordinary power,
his Minister, Caycur, asked Of the Chambers full
power for the King including the right to suspend
the liberty OF the press ond, doing no stated
that the institutions &C tho country would remain
involate and the question only with regard to
mementory suspension 49, Wheaton, page 81.
- by the spanish constitution, if tho security Of
the state should require under extraordinary cir
cumstancCs the temporary SUSPENSION Of the mon
archy Spanish term for martial law or any part Of
i. the suspension shall lie determined by law
WtcGtcn, page 52l.
These citations from the laws of coun.
tries, where the principles Of civil lb.
erty, as NO have supposed, are less I'm.
derstood than here, shows both tho ma.
turc of martial law, how little power is
left there to military officers, and how
carefully all the rights ofthe people are
guarded against them.
] he constitution. by comforting mill.
tary power upon the President, of course
means power consistent with the other
powers aud provisions Of that instru.
ment. 1t gives him no power to abolish
by virtue of his military power, the Su.
prcine Coult, or other tribunals. 1t
gives him no power to superccde Con
gress in its functions, and take upon
himself the legislation of tho country
all of which he may do if he can set aside
single provision of that instrument
The doctrine that once in war, the mill.
tary power is supreme, and that the con.
stitutlon and the laws are not 10 be re.
garded by it, opens door too wide
to be tolerated for moment Martial
law supersedcs really no other law, but,
in disturbed country, when civil law
cannot bc enforced, and so far as the
civil law has become OF no effect, then
and there only-martial law tho law
of force where there is no other law
must Of necessity supply It's place.
When the attempt is made TO extend it
beyond that necessity, and supersede,
without necessity, the civil law. in
quiet and peaceful community, it be
comes usurpation, pure and simple.
Here your honors know that no mar.
tial law has Teen proclaimed in this
State. The civil law is in full force,
regularly executed; there is no army
within its borders; no violence among
the people. There can he no possible
reason. therefore, why martial law
thould be proclaimed. 1t cannot be
proclaimed where civil laws are in full