Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1864-02-01

saying that he has no wish in the premises, but
to legally discharge his duty.
Griffin was not arrested aud imprisoned under
the civil law OF this State, nor Of the United
States, for he hal violated such law. There
j. no act Of Congress. nor II the Safe LegiSla-
ture, prohibiting the sale of liquor 10 an en-
listed soldier. The only law in this State, con-
tanning such prohibition. when Griffin made has
sale to a soldier. was that enacted By the mill
tarv order OF Major Lyon. Griffin arrested,
then, BY military authority. Could he be legally
arrested. for the cause alleged for bis arrest by
that authority, in the place, and AZ the time 1t
was 30 made
Griffin was not connected with the military or
public service was not a spy from the enemy.
and was not within military lines. He was
citizen of the Stare pursuing lawfully, his law
ful avocation, IN the civil walks of life. Had he
been a soldier in the service, he would have been
subject TO the well defined code of military law,
which requires obedience by soldiers 20 the
orders of their officers and subjects them to pun
ishment by such officers, in prescribed modes,
for di,Obediencc 10 these orders. In this case,
had Major LYON addressed his order to the sol
diers subject TO his command, forbidding them to
drink intoxicating liquor 10 leave the lines 10
90 where ii could DE. obtained, and the soldiers,
subject to his Jurisdiction, had disobcyed his
order, he might, perhaps, though the point i not
now before usl for decision. have caused them
10 be punished by military law. Military men,
in the service, are subject 10 the code of military
law. enacted for their government, and to be en-
forced, in prescribed modes, by military officers.
So, legislative bodies administer the Ter pdrtia-
meafaria, the law governing legislatures. II is a
special law for such bodies. But, as a general
proposition, The citizen, in the civil walks of life
Is not subject to military orders nor to the Ter
pariiameatario, nor to punishment by military or
parliamentary law. He is governed b. the law
of the land, administered in the courts of Justice.
lie nav sometimes be subject TO martial lac,
executed by military officers, as the agents of the
king, president, or governor. a. the case NAV be.
When the citizen is governed by the military
power he Is not governed BY the soldiers code
OF military law, but he i said to be governed by
martini lar; and this law is perfectly distinct and
entirely different from military law to which
soldiers arc subject. When the military com
mander, as the agent of the kim. president, or
governor, governs the citizens. he does not rule
them by the code of military law, enacted for the
soldiers, a. has been said. and for disobedience
To viii \ they are punished, but he governs the
citizens bv arbitrary will See the ARTICLES of
War" for the government of soldiers. enacted
by Congress, in Brightly's Dig. p. 80. We may
further illustrate the iii ,tinction between govern
ing aud furnishing those subject to the military
code! by military tribunals and. governing the
CitlLtn DN EtWs WHICH III ldCt, NJ
but arbitrary viii, by extracting couple of see
tons from the act of Congress of March 3, 1868.
Section 30, of that act. reads thus:
That in times of war, in,urrcction, re-
belliOn murder. assault and battery with intent
to kill, manslaugh;er, mayhem, woundng by
shooting, or stabbing with an intent 10 commit
murder, robbery arson. burglary, rape, assault
| and battery with intent To commit rape and
/ larceny, shall he punishable nv the sentence of a
,rhee coa1aifted by persons rho dIe ~ The military
Serrce Of he limited Smes and srbjecf 10 the Art
1 cicS Of Var; and the punishmcnts for which
oifcns shall never b, less than those inflicted
by the laws of the State Territory or District
in which they may have been committed
Section 3S, of the same act, is rs follows:
That all persons who. in time of war or OF
rebellion against the supreme authority of the
United States, shall be found lurking or acting
as spies in about any of the Notifications
/ posts, quarters, or encampments of any of the
armies of the United States, or elsewhere, shall
be tried by a general court-martial military
commission, and shall, upon conviction, suffer
death"
Such is military lar. What i called martial
law, we again repeat is applied to the citizen, by
subjecting him 10 the government of the military
| in certain exgcncies. martial law is the law OF
war, that depends on the just but arbitrary pow
or and pleasure of the king, for, though h,
doth not make any laws but by the common
consent in parliament, vet in time of war, by
reason of the necessity of it, to guard against
dangers that often arise, he uscth absolute pow
CIR; so that his word is law However opposed
to other authorities, this expresses what is dis
tinctly meant, both i'm England and in this coun
i try, by martial law" New Am Cyclop., lit
Martial Law. The question now arises, wher
and where can the citizen be subjected to martha
/ law! He cannot, certainly, without an o
+ Congress, be subjected to that law except upon
nee, SSiiy-occasioned by force, actually existing
or Immediately threatened at the time and plac,
where martial law is exercised. Whether, by &C
/ of Congress martial law could be declared
throughout the United States, neel not in
quirc. See De Hart Mil L., p. Il.
Martial lac is the law of force, and is employ
ell und two general conditions:
|. In part, or the whole, of foreign coun
try, when, being al war with such country on
army NAV invade if, and expel the governing
power from part or the whole of it.
3 When force NAV expcl the civil authorit,
from a part or the whole of our own territory; or
perhaps it may be said martial law is exercise,
in our country, the military being on the spot t.
execute il, where no civil authority exists. Blu
where the civil authority exists, the Constitution
is imperative that it shall be paramount 10 tn,
military. The right TO govern by martial Law
does not grow out of the mere fact that we haV
an army; for we have that ar all times. in peac
a well as in war. The right To govern Indianau
oils by martial law does not arise upon the mer
fact tina; soldiers are stationed in the city. or ar
often marched through il; for soldiers are sta
toned at different points, and marched from
place TO place in the country al all times, i
peace n well Il in Yet, in ordinary times
surely the officers commanding them do no
claim 10 govern the citizens, not connected wit
the army. by martial law.
The right in the military officer, to govern b
martial law, a. we have sail, arises upon the fac
of existing, or Immediately impending force, a
given place, and time, against legal authority
which the civil authority is incompetent 10 over
come; and If is exercised precisely upon the priI
CHILE on which selfdefenSe justiles the use Q
force by individuals. Robbers and burglars and
in some cases, rioters may be resisted and eve
slain, in selfdefense, by private individual:
: That i, there are cases where force must be II
sisted by force. instead of waiting for the civ
authorities. This i the doctrine of Rutherford
: in his Institutes of Natural Law. See Book
chap. 10; Book ?, chap g. This is the doctrin
expressed by the maxim ''infer drRa silent fegeS.
This maxim was first applied under such eli
cumstances. II was first laid down by Cicero
$50 far we have been able To ascertain, in hi
Grafton for Milo The facts of that case are thu
, stated Milo was on his way TO Lanuviun
Cloiius met him on the roal. Milo was in hi
ca riagc with his wife, and was accompanied by
numerous retinuc. among whom were som
glaliMors. Clcdiu, was ON horseback, wit
about thirty armed men. TIE followers of eac