Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-05-10

North Carolina District, has finally receiv-
| ed his commiss on in spite of the efforts OF
unscrupulous parties to induce the Presi-
dent to Withhold it.
Martial law.
The late case ag,ai1is! Colonel Nelson an5 1
lieutenant Brand, indicted for the murder
Of Mr. Gordon, in Jalnaica, elected from
Chief Justice Cockburne, who presided al
the trial, lengthy discussion Of Martial
Law-its application and limits under the
law of England
"He professed himself shocked and
alarmed at the loose definitions which are
commonly received, and thought it high
time that they were brought TO the test OF
judicial Interpretation. lie contended
that there is IL broad distinction to be made
at the outstart between q rebel in arms and
a civilian who becomes in any way amena-
BILE to martial law. The trial Of the Earl OF
Lancaster, in tho reign Of Edward IL, was
not a case of mar 3i;l law, although irrcgu.
lar There may he some doubt about the
Wat Tyler insurgents, i'll the reign of Rich,
ard H., but it WAS thought necessary to OBJ
tain an act of indemnity.
''In the reigns Of Henry ". and Henry
tons ; but the first instance of NATAL law,
in its modern sense, was the prosecution,
after the battle of Stoke, Of the wealthy ad
hercnts of the Sinncl rebellion. Henry
VII, however, wanted money much more
than blood, and very few were executed
The trials wcrc Illegal throughout. The re-
hellion WAS suppressed, and it was certain
that you could not bring men to trial TN
der martial law after rebellion had been
suppressed
s'In the reign of Edward VI. the disafec-
ted were in the habit of raising the villages
by the sound of church bells, and accord,
ing to proclamation contained IN Strype's
Ecclesiastical Memorials, this attempt to
muster men in arms was forbidden under
pain of death, to be executed by the oil,
thority of law martial, whereby no delay
should be permitted as i'll other cases.
This WAS q strong proclamation, but it was
entirely ultru ri5eS for the crown to have
dealt with these offences otherwise than by
act Of Parliament Again, 1549, according
to Strype, lord-lioutenants in various coun-
ties were empowered to exercise martial
law. In 1862 there was d proclamation OF
the same kind.
Lord Hale said that such proclamations
were often issued IN t9rrOreUp y70pulj, with
out any intention of carrying them into eff
feet.
''Auother proclamation Was issued i'll the
reign of Queen Mary, III which martial law
was threatened against those who imported
heretical works; and, if Hume was to be be-
lieved. this example WAS followed by Queen
Elizabeth, who proclaimed that those who
imported bulls OF traltorOus works from
Rome should be punished with death under
martial law. Again, upon representation
from the citizens of London, concerning
apprehended riots, the Queen issued a
commission authorizing the establishment
of martial law, and tho execution undc1 i
of all rioters, and declaring, with an extra
ordinary stretch of assumed power, that
persons who wero leading vagrant lives,
and could not give good account Of them
selves, should be hung up. This was IN
entirely unconstitutional proceeding
''James [. and Charles [. issued commits.
sions for courts martial, but the Petition OF
Right pronounced these commissions un-
lawful and solemnly asserted that no Eng,
lish subject was to be subjected to martial
law
"This doctrine has never since been con.
tradicted i'll practice
"The Chief Justice added that having
examined every instance in English histo.
ry in which martial law has been referred
to or proclaimed, he could find no such
thing as martial law used for the purpose
of putting down rebellion. He was, there,
fore, utterly astonished to find persons in
authority, and out of it, talking about mar
tial law i'll an easy, familiar way, as a thing
perfectly understood and settled in Eng
land, when, in truth, it had never been re-
sorted to or exercised.
Decorating the Graves OF the Confederate
DC Cad.
The 10Th of April being the day appoint
ed in Georgia for decorating the graves of
the Confederate dead, Friday last was OBJ
served in that way throughout the State
In Augusta most of the business houses
were closed, the ladies formed in process
sion, each bearing Il floral Offering, and
marched to the cemeterY, whore the memo