Santa Fe gazette. [volume] (Santa Fe, N.M.) 1859-1864, 1864-05-07
(NUMBER At NEW SERIEs)
EouNpANoN OF NARr1Al LAW.

Municipal law is founded upon the ne.
Cessites of social organization. Martial
law is founded upon the necessities of war.
Whatever compels resort to war compcls
the enforcement of the laws of war.
THE EXTENT OF THE MEANS OF WAR AS SHOWN
BY THE NECESSITIES OF WAR; AND IT'S oDIECrs.
The objects and purposes for which war
is inaugarated required the use of the in.
strumcntaitleS Of war.
Wlenthe law of force is appealed to,
force must be sufficiently untrammcled to
be efectuql Military power must not be
restrained from reaching the public enemy
mall localities, under all disguises. In war
there should be no asylum for treason
The ngis of law should not cover traitor.
A public enemy, wherever ho may be
found, may, if he resists be killed, or cap.
turod, and if captured lie mNy be detained
as prisoner
The purposes for which war fs carried
on may and must be accomplished. Ifit
is justIlabIo to commence and continue
war, then it is justfabe to extend the one.
rations Of war until they shall have com.
plotcly attained the end for which it was
commenced, by the use of all means employ.
cd in accordance with the rules OF ciyili2.
ed warfare.
: And among those means none are more
familiar or more essential than that of CAP.
turing, or arresting and confnng the on.
envy Necessity arbitrates the rights and
. the methods Of war. Whatever hostile mi
: ), litary act is essential to public safety in
Il civil war is lawful.
l. POWERS AND RESPONSIBILITIES OF MILITARY
l. COMMANDERS.
10 "The law 70 nature and of nations gives to
. boligerants the right to employ such forco
c as may be necessary in order to obtain the
sr subject for which the war was undertaken"
I'd Beyond this the use Of force in unlawful.
y This necessity forms the limit of hostile
= operations.
"a We have the same rights Of war aga.
nc inst the co-alIies Or associates of on enemy
's, as against the principal belligeraut
's, When military forces arc called into
y service for the purpose of securing tho pu
y bic safety, they may lawfully obey mill.
IL tary orders mode by their superior officers
%, The commander in chief is responsible for
laI the mode ofCarryng on war: Ho detormi.
no nes hopersons or people against whom his
ng forces shall be used, He alone is consti.
set tuted the judge of the nature of the exig.
ca ency, of the appropriate means to meet It,
10 and Of the hostile character or purposes Of
not individuals whose conduct gives him cause
me to believe them public enemies.
on His right to seize, capture detain, ant
as imprison such persons is as Gnquestiona
=, bic as his right to carry on war. The ex
iuI, tent of the danger he is to provide against
lna must be determined by him; he is respon
ed' sible, if he neglects to use the means o
the meeting or avoiding it,
YER The nature Of the difficulty to be me
nm and the object to bo accomplished afford tn
lIar true measure and limit Of the use of militia
OF ry powers The military commander mus
Jon judge acho the public enemy are, wher
an they are, what degree of force shall be III
to ed against them, and what warike meas
nat ures are best suited to conquer the encm
ord' or restrain him from future mischief. If th
ing enemy be in small force they may by cal
Ider tured by another small force; if the enem
the be single individual, he may be capture
to by provost guard or marshal. If an Of
eX' Ger in the honest exercise Of his duty NAL
'om' Cs mistake in arresting a friend instea
u a Of an enemy, Or in OBTAINING a suspicion
by person, who may bo finally liberated,
d IN is not for such error responsible in crimi
sub al or civil courts.
ARRESTS ON SUSPICION.
gov
and Arrests or captures Of persons who
pres conduct gives reasonable cause of susl
oscs cion that they contemplate acts of host
n of ty, are required and justified by militia
a not and martial law, Such arrests are pre-,
the utionary, The detention of such suspe
,ora. ed persons by military authority is for t
the same reason, necessary and justifab
;omc. Luther Us. Borden I Howard's Suprel
con. Court Reports, p. l.
ersop Nothing in the Constitution Or laws c
idinr define the possible extent of any militc
heinz danger Nothing therefore in either
" he them can fix or define the extent Of poy
no, Of necessary to meet the emergency, to G
nro. troll the military movements of the army
ttors of any dctaChmonts from it, or of any
= - nIo of(icer nrovoqt m orahol nr uriyoto