Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-02-08

the Army and Navy In time Of war; are strictly oons-
tuional powers, 30 denominaed by John Quincy Adams
who, believe, has taken bread ground In favor OF
the power Of war as any American Statesman jurist
They derived from the Constitution In the authority
given 70 Congress to carry on the war, and though not
and ussSss Off Of nations adopted IN their full extent By the
common law Of England a Bl. Com. e7l) and Of this
country. fthose laws and usages there principle
sttutionai governments, than that martial law is re-
strsed TO those places which the heaer Of war and
to their immediate vicinity Modified by the necessities
Of war, II Is obvious It cannot operate beyond these
bounds.
The precise limits Of the Jurisdiction Of the military
commander, In cases arising the scene OF strife
may be question for discussion, to be determined ac
cording TO circumstances; but over more remote dis
trcts and those not Immediately connected with the
operations Of the contending armies all courts and wr
ters concur In saying that martial law cannot be extend
cd. The true test In case Of civil war, would seem to
me to be- whether the civil authorities are able, by the
ordinary legal process to preserve order, punish offend
ers and compel obedience to the law. II they are then
the military commander has Jurisdiction. IT, the
other hand through the dsloyalty Of the civil magis
trates the intueconary spirit Of the people, the
laws cannot be enforced and order maintained, then
martial law takes the place Of civil law whenever there
Is sufficient military force to execute Il. The resist
In which the petitioner implicated was rotous
but not insurrectionay. Saving the definition Of mar
al law, which think too broad, preferrng that given
BY Professor Parker on page 4O commend the views Of
Judge Curtis upon this question, not only for their gen.
era force and accuracy but for the pt Of candeT and
tne Nhtlonal IN tnofe times OF
our trouble and OF patriotic devotion 10 the country,
evnced by the learned author which should character
ize the criticisms Of all loyal citizens.
The power Of the President to prescribe onenses,
to make rules for the conduct Of citizens In dstrc not
subject to martial law and to enforce them BY ues or
imprisonment, BY whatever form OF trial, think
question Of discussion. This power, whenever pos.
sesBed by the Federal Government resides OonRres
Whether, under the nth article OF the amendments to
the Constitution Congress, declaring the oense, might
have vested the Jurisdiction In courtma tlai or mill
In In Nhn
need no. inquire. Nothing Of that kind has be en-
dons and he seems not 10 be charged with any Offer
known to the laws Of Congress. ="
happens 10 the affairs Of war It is easier, 1ometmes
most painfully with time for deliberation 10 point
out mistakes after they are committed than see add
avoid them amid the dihcutes and dangers BY which the
military com snder is at the moment surrounded. II,
under these circumstances Of national and executive
barTassmen the President has transcended his lawful
authority, he has committed an unintentonal error
which he will be the frat to repair and the last to vim
dlcate. My duty, however, compels me to Judge his
acts not by his intensns, but BY tie Constitution and
laws giving fair and reasonable scope to all the pow
ers which they confer upon him.
Sir, let US apply this decision to the circum
stances existing in Ohio on the 9Th of August,
that being the date Of the Presidents proclama.
tion declaring martial law in Ohio, as well as
Wisconsin and the Northern States. Was Ohio
at that time the theater of actual war? Were the
civil authorities in Ohio, at that time, sable by
the ordinary legal process, to preserve order.
punish offenses, and compel obedience to law?''
Bring every test applied by the learned Judge
to the then condition Of affairs in Ohio, and YOU
will see that the people of Ohio could not be
subjected to martial law, even by legislative
enactment; and under no circumstances whatever
could the President usurp such arbitrary anC
unconstitutional authority.
Ito be continued