Abbeville press. [volume] (Abbeville, S.C.) 1860-1869, 1866-06-15


lis order to the Provost Marshal is the
beginning and the end Of tho trial and
condemnation Of the accused. There may
be hearing, or not, at his will. If Der
United it may DC before drum head court
martial, or the more formal board of a mil.
itary commission; or both forms may be
dispensed with, and the trial and conlem-
nation equally legal, though not equally
humane aal judicious. = y This
beng the nature and extraordinary clarsc.
ter Oh martial law, which, as observed hy
SIR Mathew Hale, is no law, but sometime
'nd"ige'l rather than allowed rs law, al! The
authorities agree that it can he even in
ah'@c! only in case of necessity aud
when The necessity ceases martial law cca-
ses. 4 This necessity mast be
shown aiiirmat,vc!y by the party aSsumine
I" exercise THIS extraordinary and irrcc.u,
lar power over the lives, liberty and prop
erty OF The citizen whenever called in
4ncs:'o" Applying these p.;n-
cipalS to The ras. il, hand, We 1hiui; tic
record iai's 10 show amy power Oh the part
.! the military u!i:ccr over The allc.eL
cr'E:e therein stated, or jurisdiction Of the
military commission appointed by him to
trt' ti:o accu :cl. No nccossity for the ex-
cFcIsc OF lis anomalous p,w": is shown.
For "uSht that appears, the c:, local
court of the Sta.c If South Carolina were
in tic full exercise Of th"r judicial fimc-
tons ;lt the time o? lis trial, as restored
hy tic suppression Of the rebellion some
seven months prcviousl,:, and by the revi-
val Of the laws and reorganization of the
State goverumor. III ohr.licncn to, anil in
conformity with, its constitutional duties
10 the Federal Un;on. Inlccd, long pre-
vious to this Il Provisional Governor had
been appointed by the President, who is
Commandcr.;n-C Chief Of the army anal navy
Ct the United States (anI whose will un-
Ger martial law constituted the only rule Of
action.) for the special purpose of chang
lnG the existing state Of things and resto-
ring civil government over the people. In
pursuance OF tl!s appointment new con-
stl.ution had been formed, a Governor or
Legislature elected under it, and tho State
IN the t"!l cnjoyment, or entitled to the
iull enjoyment of all her constitutional
rights and privileges. Tie constitution
and laws Of the Union were thereby ac-
kn"wledgcd and obeycd, and were rs au.
thoritativc and binding over the people of
the State as in any other portion Of the
country. Indeed, the moment the rebel
llor was suppressed, and tho Government
growing out subverted, the ancient pos
session, authority ard laws resumed their
accustomed sway, subject only to the new
reorganization or tho appointment OF the
proper officers to give them operation and
elect. This reorganization and appoint.
ment Of the public functonares which was
under the superintendent and direction of
the President, as Commander in Chief of
the army and navy Of the country, who,
as such, had previously governed the pco
pie of the State from imperative necessity
by force Of martial law, had already taken
place, and the necessity no longer existed.
We Lave no: deemed it necessary, ii prop. !
er, TO look into the merits of the offence |
charged against the prisoner, although it
is insisted that'it occurred in sclrdcfencc |
and in resisting violent assault upon him.
self. Let the prisoner bo discharged.