The Norfolk post. [volume] (Norfolk, Va.) 1865-1866, 1865-07-03
CIVIL VS.. MILITARY LAW.

CIVIL VS.. MILITARY LAW. '-
The question regarding the collection
of the licenses for the last year, when the
city was undermartial law, is now being
tried before Judge Snead, and bids fair
to give rise to some very vexatious and
unjust litigation. The history of the
matter is this:-When Norfolk was
evacuated by the military power of the
Confederacy, it was of course takenpos-
session of by the military authorities of
the United States, and martial law be-
came de facto, and we might also say de
.jssre, thelaw of the land, superceding the
Confederate civil rs well as military au-
thorities. But, Notwithstanding the
right of the government to withdraw all
power from the civil authorities, the
policy of the commanding officer in
charge of the forces-permitted by the au-
thorities at Washington, too-allowed
those authorities to exercise certain
powers and perform certain duties not
incompatible with, nor in conflict with,
the duties and powers of the military
Now, a civil government only these
conceded powers, could be looked upon
only in the light of farce--a very ex-
pensive luxury and grievous burden to be
borne by the tax-payers--who were OF
course called upon to pay the salaries Of
the civil officers-Sheriffs, Mayors, Mag
istrates, and all their petty subordinates.
At first these civilians did exercise
some authority-held courts, tried causes,
and performed other functions which
the nature of their several appointments
demanded at their hands but in course
of time, their duties were so Abridged and
powers so circumscribed by the general
orders issued from time to time, that no
functions were left them to perform, and
the people having voted to suspend all
civil authority, finally, in June last
Gen. Butler, assuming that the military
necessity existed, proclaimed martial
law, and at once put an end to civil au-
thority. In August last, an attempt was
made to collect the licenses by the civil
authorities, but was resisted on the
ground that wherethere wasno adequate
protection from Government, taxation
could not he enforced. In other words,
that as civil government was farce,
and those claiming to be clothed with
authority did not possess the power to
guarantee them in their rights, they
were not bound to pay the licenses
claimed. AS Judge Snead attempted to
try these cases, and enforce his edicts,
General Butler suspended him from Of
fee, and ordered that all licenses should
be paid to military officers appointed
for the purpose of collecting the same /;
and these taxes thus collected were ap-
propriated for the use and benefit of the
city of Norfolk. This is substantially
the state of the case. The people refused
to pay to the civil authorities, but were
willing to pay to the military, because
they knew the latter would and could
afford them ample protection in their
rights. We may allude to such instances
as the following in which the citizens
were deprived of rights after having
paid for their licenses. General orders
were issued prohibiting the sale of Ii
quors, or intoxicating drinks, and those
who had taken out licenses for such
purposes became heavy sufferers; but
civil authority could afford them no re-
lief. They were consequently justified in
refusing-when the civil collector call
ed on them the next year-to pay, and
in appealing to the military for relief
This relief was granted them, and now
1t is sought to make them pay again
these taxes which they paid to the mill
tary, and in the expenditure OF which
the city has been benefited.
The civil authorities had hardly been
re-instated by the withdrawal of the
military Provost Marshals, when pro-
ceedings were commenced against these
refusing taxpayers. On Thursday, a
case was tried before jury, claiming
the repayment of taxes but the jurors
failed to agree, and of course it will be
submitted to another trial.
This an open and bold attempt on the
part of the courts lin the late rebellious
States to denounce all the acts of the
military during the rebellion, pronounce
them illegal and wrong, and demand re-
partition from all parties acting under
military orders that can be reached by
their cou rts. The duty of the Govern
ment is plain, we think, in this case-and
we call upon the President to interpose
his authority and save the people from
these acts of oppression and usurpation.
The Governments owes tito its own honor
and dignity that it should sustain its
own authority and the acts of its mill
tary agents during the rebellion, and not
permit them to be discredited or nulli-
fed by these doubtful tribunals. If such
things are permitted there will not be a
dollar that has been collected for any
purpose, piece of property that has
been used, house that has been des-
troyed-but payment will be demanded
for 1t and the demand enforced by some
Southern courts. Let stop be put to
all such proceedings at once, by those