The Bedford gazette. [volume] (Bedford, Pa.) 1805-current, 1865-05-26
EDWARD BATES ON MARTIAL LAW.
The Constitutional Convention IN Miss0u-
ri and Martial Law in that State
A CAUSIIC REVIEW


come now to treat of martial law, and the
use and abuse now sought to be made Of it, in
this State And my proposition IS that martial
law is not the governing rlle over this State.
It does not exist here; and whatever may have
been done, under that pretence, and contrary to
tho laws of the land, is a personal wrong and
nunishable usurpation That is my proposition
and shall endeavor to maintain it, even at the
hazard of differing widely from the opinion and
wish Of the convention now sitting IN st. Louis.
The convention assumes that the State is un-
5or martial law; and expresses strong desire
that it so vemain; but II has not, in any pro-
caading that | have seen, informed the people
Dvhon it assumes 10 govern with absolute sway
what martial law Is, nor who made, nor when
nor where it was made, nor how it is possible
,,repaal or aunul 1t. The convention IS prudent
in ail,taiuing from any attempted explanation
I'M these points, because the matter Is incapable
If exclamation upon any grounds consistent
with law or reason. The members may pretend
ignorance If they will, in order to save for them
seIvas hereafter, when the day Of their shame
shall come. the hackneyed plea of convicted OF
fanders-ssIt was the error OF the head and not
of the heart" But there are some members OF
that body, who ought to know, and do know,
fbatmartiai law (as contradistinguished from the
law Of the land) is simply no law at all; that 1t
!, neither more nor less than tie suppression of
thc established government, and the substitution
If fro wiE. however capTiclous, Of the military
commander In the vacated place of the laws
That is martial law pure and simple; and none
ont the most ignorant are IN any danger OF con-
founding it with military law, which is not only
another and different thing, but tLe exact op-
posite of the despotism OF martial law. Militia
~ law consists Of those parts 0i the constitution
and statutes which relate to the army aad It's
control and management, In ike manner we
have groups Of other laws which, ior convent
nnce. are classified and Familiarity called by LRE
names Of their respective sdbjects-tor Instance,
we have naval law, revenue law, land law, Ju-
dietary law Yet every one OF these Is admin
;s.erad in the forms Of The constitution and by
constitutional functlonaries; and N regard 70
every one Of them, including military law, ev-
every man may look into the statute book and
there read the measure Of his Obligations anu
ms rlghts. But where can yUa read any legal
description of martial law, any derivation oi rs
mowers. on any limitation upon their exercise! !
Nowhere, and for the simple reason that II mas
no IeoaI existence and the very term martial
law IS only nickname for arbitrary power as
gumed, Against law, by men IN arms.
This kind of despotism differs, IN its tounda-
ton and essence, from the tyranny sometimes
+surDad bv assemblies OF men calling themselves
dcrEarative bodies The first is strong man
g. ii who. conscious of his power to enforce
o,,7diance. uroclaims his orders, and # some pre-
sumptuous victim ask for his warrant OF author
ity. he answers only by brandlshlng hs sWord !.
The second, (deiberative bodles) conscious OF
irs own intrinsic weakness, ard that they are
nothing. without the prestige OF law, always IN
the beginning pretend to have some laval au-
thoritv for the exercise of their assumed author
ity. And often they seem to prosper for a sea-
son. As long as they keep III close alliance with
the armed power, and can induce 1t to be their
minister. TO carry out their DEGREES under mar
tial law, they seem to prosper, and cheat them
selves into the belief that they are ail-poweTlui.
But this state of things cannot long continue
Armed men, like the unarmed, Will learn tue
lessons that are daily taugh; them. and when
these civil bodies, misled by their own grotesque
erotisn. imagine themselves supreme and above
ali established laws and principles, and habitu-
aIIy .sframe iniquity into law the ''strong
man armedo soon learns the lesson thus taught
him by self-conceited ambition Out Of their
own months he conyicts them and says to them
.,yos centom. n. YOU are right; there is moth
mo obligatory in government but power, and as
the mower happens to be in my hands, and not
in yours, get you gone out OF my way" Thus
Cromwell answered the Long Parliament OF En-
gland. and Bonaparte answered the directory
and Councils Of France.
No pripciple is better settled in the constitu-
ton and policy Of the United States than this
The military is subordinate to the civil power,
and can act only as the minister and servant OF
the law. For we have no ruling sovereign but
the law. and therein consists our only claim OF
superiority in government over the people oi
Europe, who, for the most part, are governed
bv visible human sovereigns, IN the shape OF en-
perors and kings, in the great nations, and all
the way down the scale of power to the petty
princes and dukes, who reign over the lnhaoI:
tants of few thousand acres OF land. Ihls, l
say, is the only claim of superiority over them
in the matter Of government and so long as mat
claim IS sustained by reality and truth, 1t Is full
Of goodness and glory. But It that claim DC
falsi6ed-if the laws of the land are no longer
to rule and protect us-we are indeed under the
despotism of that martial law, 50 dear 20 the
convention. then ] affirm that our government
Is lar p o~sg than theirs, and our condition iaT
more TO be p,tied. For the soyereigns.of Eu-
roae (most Of them) derive their place and pow
er from long line of descent from their anccs-
tors, and all Of them from the Queen OF Great
Britain down to the Duke of Hesse Darmstadt
hope to transmit to their posterity. In that
case every conclusion of reason, and every I'M
pulse of the human heart compel the desire for
stability and order, A sovereign in that condl-
ton must be not tyrant only, but fool, who
would prefer 10 leave TO his successors degra-