Santa Fe gazette. [volume] (Santa Fe, N.M.) 1859-1864, 1864-05-14

facts from becoming known TO their pur'
suers, the persons who are met on the re-
treat are captured and carried away, can
any one doubt the right Of making such
arrests? However loyal or friendly those
porsoas may be, yet, il seized 10y purSu'
ing enemy, they might be compelled toI
disclose facts by which the retreatiDg army
could be destroyed. Hence, when war CO
i5!I, and the orrest and detention Of even
innocent persons is essential 10 the success
Of military operations, such arrest and de-
lcntion are lawful and lustillable.
Suppose a loyal Judge holding a conrl
in a loyGl State aud a witness is on the
stand who knows the details Of Q proposed
military expedition which it would be
highly injurious to the military operations
Of the army Or navy to have disclosed or
made public, would any one doubt the
right Of the military commander to stop the
trial on the instant and, if necessary, to
mprison the judge or the witness, to pre-
vent betrayal Of our military plans and ez-
poditions, 80 that they might come to the
knowledge Of our enemy?
The innocence Of the person who may
through ignorance, or weakness, or folly,
cndanger the success Of military exped'
tons, does not deprive the military com.
mander u The powcr to guard against ha4'
ard and prevent mischief
The true principle is this; the military
commander has The power, 10 time of war,
to arrest and deLain all persons who, by
being aL large, he las reasonable cause TO
believe will impede or cndsnger the mill
tary operations Of the country,
The true test ofiability to arrestls there
fore, not alone the guilt or innocence ofthe
patty; not aloue the neghborhoOdsr dis
lance from the places where battles are i'm
pcudng; not alone whether he Is engaged
in active hostiIities; bu, whether his being
at large will actually tend to impede, EN-
barrass, Or hinder the boaadie military op'
eratious in creating, organizing, maintain
ing, and most erlectullIy using the military
forces Of tho country
No other motive OF object for making
military arrests, exception military crimes
is to be tolerated; no arrests, made under
pre.ence ofmilllary power for other objects
are lalctul or iustiIiable. The dividing linz
between cirii hjeriy and military power il
precisely here; civil liberty secures th'
right to Freedom from arrests except b,
civil pro9ess To- tjnf Of peace; or by mill
. tary power when war exists, and the exi
gencIc7 Of the case are such that the ares
rs 'ell.rod in order to prevent emoarroaS
meat oriGjury to the bona .Fds military N
erotous OF the army ornavy,
1t isnot enough to Justify an arrest t.
nv ''''' - ''"' .'''o.?' u ."' y ~" rI "' ~
| is it necessary to Justify arrests that acliv
hostiites should be goinc on al the piqc
of the arrest. 1t IS, however, enough {
iustify arrests in any locality however ia
reteoyaI From the balte-Gells of contend
. Inn a1rigs. if is q hme of war and tn
m,es, Is required to punish militar
crime, yrscsn! an act hostility, or eve
TO avoid the danger that military operc
ii ,ns of any description may be impeded
, embarrassed, or prevented
In considering the subject Of arrests,
must be borne il mind that "a person TAX
en- and held by the military forces whett
r or before, Or iD or after battle, or will
out any battle a. all, is virtually pr'sone
. of waf. No matter what his alleged o
) fence whether he ia rebel, traitor
= ,py or an enemy in arms, he is to be hel
| and punished according to The lalOs Of lga,
! for these have been substituted for I'll
T laws of peace
; .,ns,r ,,yor Ds s,r,,, n,.o,,o,
'"o'A V' "''@'' '"'''''' 30 ''' ''"' ''''''''N
y 1t cannot oe eHpecteu, wIeh goVerhmeI
''''' y III ..;., Ii. a;,,I na. u,,. A.
c reasons for making such arrests should /
d at once made public; otherwise the pm
pose for which the arrest is made might b
), defeated. Thus, il a conspiracy has bee
a formed to commit hostilities, and one col
soirator is arrested, publishing the fact