The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1867-03-07
The Military nm.

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tits not necessary to decide the po-
| liticalstatns of the Southern States in
order to reach acofrect conclusion as
to the constitutionality of this meas
ufe. It is equally repugnant to The
Constitutions Of the United States,
whether they be regarded as terrific
ries subject only to the laws which the
Federal Government may enact, (or
whether as States are entitled to all the
privileges which appertain to indepen-
dent and sovereign political commn-
mites.
The Constitution permits Congress
to suspend the privilege of the writ of
Habeas Corpus only ''ini case Of rebel
lion tor iinvasion.n In such emer-
gency, the power and the duty are
clear and unquestionable-a prop
osition which no person VIII deny who
desires the success and permanency
Il 41.s4 k.Aa. NET Z
Of his government - But there exists
neither rebellion nor Invasion" at
this time The country is not as.
sailed from without, and within, its
control is absolute and supreme. ., a1,5 s
But it is one thing to suspend the
privilege of the writ of. Habeas Cor
pus, and another to establish martial
law. onejis to deny to, a person re-
strained of liberty the right of being
brought before Court, or Judge, in
order thai, the cause of his imprison-
ment may be investigated, that be. may
be released, if illegally detained The
other is the abrogation or suspension
Of all law, and the substitution of the
unrestrained win of a, military COM
mander or tribunal. Congress is
authorized to do the one in the emer-
gency distinctly stated but it has no
authority to do the other under any
c;,ro,n1nnatancns TaI545s229b 9asy3 T5a 10 avs
- -. r-'gG9'sa EaAgsgs bias zu0rq 49,
According to Blackstone, martial
Law is no law. It is an expedient re-
sorted to in times Of public danger,
similar in its effects to the appoint
ment of dictator. The general, or
other authority charged with the de-
fence of a country, proclaims mar
tial law. BY so doing he places him
self above all law. He abrogates or
suspends, at his pleasure, the oper-
alton of the law of the land. =
Martial law being thus vague and I'M
certain, and measured only, by the
danger toybe guarded against exists
only in the breast Of him who pro-
claims or executesit- Despotic in it's
character and tyrannical in its appiea-l
ton, it is only suited to those moments
of extreme peril when the safety and
even existence of a nation depends
upon the prompt adoption and )unhes-
itating execution of measures of the
most energetic character -
And the same eminent author
further says, "Martial law which is
built upon no settled principles but is
entirely arbitrary in its decisions, is,
as Sir Matthew Hale observes, in, truth
and reality no law, but something in
dulged rather than allowed-as law.
The necessity of order and: discipline
in an army, is the only thing which
can giye'it countenance." stc 81
In the case of Luther VS.. Borden
e Wheaton U. S. Reports, 45, } Chief
Justice fancy observed that % the
declaration Of martial law by the Leg
islature of Rhode Island, oduring the
Dor-b rebellion, was. justified only
on the ground that u the armed
opposition to the 6 overnment. was
SO formidable Y as TO imperi its
very existence. li's.R has a state of
mar. he obseryed-and sin that state
Of things the officers engaged in its
military service might lawfully arrest
any one '&c.zt&c., Es.sand if the power
for the purpose.ofaoppres-
SION or any injury, wilfullyo done to
person or prope rty, the party by whom
or by whose order It is committed
would undoubtedly be- answerable,' I'll
&c. Justice Woodbury. in his opin-
ion in the same case, says: ssIf onlyIl
to repeal or suspend the Habeas Cor
pus requires a permissfve clause in the
Constitution, how much more should
the repeal or suspension of all NUM-
cipaI laws. $3.50 lin civil or |
social war, q portion of the people
where not then in arms, though diff
rering in opinions, are generally treat
I'd as 9non-combatants, and searched
Tor and arrested, IL at all, BY. the mu7
nicipal law, by warrant Under oath and
tried by jury, andinot by law martial. 4
$50 r. 3. stOur own and English history
s full of such arrests and trials, and
he trials are held, otaround q drum
= :. 4, 80 -, no IL, 4;aa