The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1866-06-27

M MI sAnu AttVttsiAK ~ tuH {lfaGtlt.ee nut
usage OF Martini lew, as stated by distin
euished civil;nn, twhen foreign Invasion o,
civil war renders it impossible for courts o.
law to sit. orto enforce the execution Of
their Judgments, it becomes necessary to
6nd some rude substitute for them. and 10
employ for that purpose the military, which
is thepniy remaining observation-disclosures.
ty; and while the laws are silenced by the
noise Of arms, thelralers Of the armed force
must punish as sqpitably, as they can those
which threatetf their own safety and that Of
society, hutno bngeh" 7 4
s The necessity must be shown affirmative
~ blythe party assuming to exercise this
extraordinary and irregular power over the
lives, liberty aad property Of the citizen
whenever called in question. AS exnlain-
ed by the Judge Advocate General Of Eng
land before Committee of the House Of
Commons, ii case Of martial law, declared
in Geylou, {and' which explanation has been
approved by the law oflicais Of tie Crown
IN answer TO a question putt BY Sir Robert
Feel, he observed, 81 believe the law Of
England is, that governor like the Crown,
has 3 vested in him the right. where the ne
csssity arises iofjndging Of It. and being re-
sponslble for his work afterwards, so to deal
with theslaws rs to supercede then ALL and
to proclaim martial for the safety of the
colony And, again. in answer to a cues.
ton BY Mr.. Gladstone: q say be il re.
spensible justas am responsiblefor shoot
ing a., man ton the kings highway, who
comes to rob me. If I mistake nv man
and have not, in the opinion of the iudee
and jury who try me, an answer to piva 7
am responsible" s,f
Applying these principles to the case in
hand, We think thu record fails to show any
power on the part OF the military officer
over the alleged crime therein stated or in.
risdictlon of the Military Commission an
pointed by him totry the accused. No me-
cessfsy for the exercise Of this anomalous
power is shown. For aught that appears
the Civil Local Courts ofthe State ofsonth
Carolina were in the full exercise Of their
Judicial functions at the time of this trial
9! as restored by the suppression of rebel
!, some seven months previously. and by
the revival of the laws and REORGANIZATION
OF the State Government in obedience to-
and in conformity with its constitutional
duties to the Federal Union.
Indeed, long previous to this d provision
q government had been appointed ~ the
President, who is Comnander.;n. e,;se ~
the Army and Navy Of the United States
land whose will under martial law con ss;s
ted the only rule ofiaction) for me speeial
purpose Of changing the existing state Of
things and restoring civil government over
-he people. In pursuance Of this annoint.
ment new, constitution had been formed,
q Government and legislature elected I'M
der it and. the State in the full enjoyment,
or entitled to the full enjoyment of all her
Constitutional rights and privileges.
The Constitution and laws Of the Union
we're thereby acknowledged and obeyed.
and were as authoritative and binding over
the people Of the State MS IN any Other. por-
ton OF the country. Indeed. the moment
the rebellion was suppressed, and the Gov
eminent growing out of it subverted, the
ancient possession, authority and laws re-
snmed their accustomed sway. subject only
to the new re-organization|or the appoint
ment Of the proper officer to give them OPP
Grafton and effect.
This Reorganization and appointment of
the public functionaries 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 people Of
the State from imrarative necessityby force
of martial law,ihad already taken place, and
the necessity no longer existed.
We have not deemed it necessary, if pro-
per. to look into the merits Of the offence
charged against the,prisoner, although it is
insisted that it occurred in selfdefence,
and in resisting a violent assault upon
himself.
Let the prisoner be discharged. m