Columbia Democrat and Bloomsburg general advertiser. [volume] (Bloomsburg, Pa.) 1850-1866, 1863-10-10

of the conduct Of persons in private or civ.
il lfe."
To prove the superiority Of sscivil over
military law, the author quotes the sd
Art Of War which says, in substance that
call officers are required to deliver over
offenders or accused persons to the civil
magistrate, and to aid and assist the off
GERS ofjustice in apprehonding and securing
the person of the accused in order to bring
him to trial, the penalty denounced by the
same article against any officer who shall
williully neglect, or shall refuse, upon APP
plication t, deliver over such accused
commissioned officer or soldier 10 the civil
magistrate or to aid and assist the officers
Of justice in apprehending such accused
person, is cashioring."
1t is therefore, plain, that according to
military authority, and the Army reguIa-
tions, persons in civil or private life are
not subject to military law Vallandigham
was in civil life, therefore his trial By o
military Court was illegal.
Further, according to the 33d Art Of war
the penalty for refusing or negecting to
give up the accused person to the civil
magistrate is cashiorng Burnside ncgeo-
ted to give up ValIandigham to the civil
authorities, therefore he should have been
cashiered.
This Illustration is taken because it is
the most prominent one there are hun
dreds of like cases of the illegal experience
of aatherity.
Ignorant persons may claim that the
President as Commander-in-chief may
change these Regulations; but De Hart
says explicitly che cannot ordain any PEN
atty for any military crime, not expressly
declared by act of congress and congress
itself is restrained by the fundamental
rules of q written Constitution" Scott in
his military Dictionary, says, 'the chet
magistrate in republic is not the fountain
of all honor and power; and Congress:
alone has the power to raise armies and tt
make rules for their government and man
agcment"
Martial Law differs from military hl
in this; that martial law extends to al
persons; military law to all military per
sons, but not those in a civu capacity.
De Hart considers proclamation of mar
tial law within the limits of the Untet
States as unconstitutional, He says
"How and where, under particular conunc
tions Of the time, martial law may be de
clared, and by whom, is net here consid
cred but the proclamation of such rul
within the limits of the United States is
very questionable proceeding, atdthough
TO be an 'ercreselce' MT aCRrr0ntel on san
tioned BY any diStemper Qfthe State. Th
substitution of this power for the civ
courts, subjects all persons to the arbitrar
will of an individual, and 10 Imprisonment
for an indefinite period, or trial by mill
tary body. Of such high importance 10 tt
public is the preservation of personal lib
erty that it has been thought that unjus
attacks, even upon life or property, at th
arbitrary will of the magistrate, are LEI
dangerous 10 the Commonwealth, tha
such as are made upon the personal lbc
ty of tie citizen
Scott endorses the same sentiment, an
says: "The Consta ution of the Unite
= States has guarded against the effects
any declaration Of martial law within Il
Il United States, by providing: No persc
Of shall be held to answer for capital
e. otherwise Infamous crime, unless on
st pfesertment or indictment Of grand jur
$. except in cases arising in the land or n
N val forces, or in the militia when in actu
it service in time Of war or public DANCE
r nor shall any person be subject for t
st same offence to be twice put in jeopar
of life or limb nor shall be compellC
IS, in any criminal case to be witness agail
at himself, nor be deprived Of life, liberty
r. property without due process Of law CA
il s, Amendments, y and further, In all cri
O. inal prosecutions, the accused shall enj
the right to speedy and public trial,
is an impartial jury of the State and distI
in wherein the crime shall have been co
xt mitted, which district shall have been p
wv viously ascertained by law, and to be
formed of the nature and cause of
Ii accusation : CART. 6, Amendmeuts.)'
se Military writers, therefore, claim
1T such powers as are usurpod by Burnsi
le, Shenck, Stanton, and others, but read
lii recognize the following truths that c
ed zens are not trable by military law,
that aynn whom undpr martial lauu norS