The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1867-02-28
The Military MN.

Constitution of the United States
. whether they be regarded as terrific
RIGS subject only to the laws which thu
Federal Government may enact, OF
whether as States are entitled to all the
privileges which appertain to indepen
dent and sovereign political commu
, mites.
The Constitution permits Congress
to suspend the privilege Of the writ Of
Habeas Corpus only sin case Of rebel
lion or invasion" In such emer-
gency, the power and the duty are
clear and unquestionable---a prop
osition which no person will deny who
desires the success and permanency
of his government. But there exists
neither rebellion" nor "invasion" at
this time. The country is not as
sailed from without, snl within, its
control is absolute and supreme
But it is one thing to suspend the
privilege Of the writ of Habeas Cor
pus, and another to establish martial
law. One is to deny to a person re-
strained of liberty the right of being
brought before a Court or Judge, in
order that the cause of his imprison-
ment may be Investigated, that he may
be released, if Illegally detained. The
other is the abrogation or suspension
of all law, and the substitution Of the
unrestrained will of 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
circumstances.
According to Blackstone, "Martial
Law is no law. IT is an expedient re-
sorted to in times of public danger,
simila. in its effects to the appoint
,nent 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 to be guarded against, exists
only in the breast of him who pro-
claims or executes it. Despotic in its
character and tyrannical in its applica-
ton, it is only suited to those moments
of extreme peril when the safety and
even existence Of nation depends
upon the prompt adoption and unhes-
itating execution Of measures of the
most energetic character"
And the same eminent author
further says, sMartial 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 give it countenance"
In the case of Luther vs.. Borden
q Wheaton U. S. Reports, 49, Chief
Justice fancy observed that the
declaration of martial law by the Leg
islntnra of Rhode Island dnrino tho
Dor= rebellion, was justified only
on the ground that the armed
opposition to the Government was
so formidable as to imperil its
very existence. "H was state of
War" he observed-and "ia that state
Of things the officers engaged in its
service might lawfully arrest |
any one," DC. DC, "and if the power
is exercised for the purpose Of oppres-
sion, or any injury wilfully done to
person or property, the party by whom
or by whose order it is committed
would undoubtedly be answerable,"
DC. Justice Woodbury. in his opin-
ion in the same case, says: eff only
to repeal or suspend the Habeas Cor
ous requires permissive clause in the
Constitution, how much more should
he repeal or suspension of all NUM-
,ipal laws. In civil or
social war, portion of the people
where not then in arms, though diff
ering in opinions, are generally treat
d as non-combatants, and searched
or and arrested, if at all, by the mu-
Iicipal law, by warrant under oath and
dby ajury, and mot by law martial"
y "Our own and English history {
} full of such arrests and trials, and
he trials are held, not around drum
cad or cannon, but in halls of justice !
nd under the forms of established ju-
!,
Compare the definitions of martial t
Nv by the eminent jurisconsults whom
&c have quoted, with the bin which has Il
assed Congress, and it will be seen r
lat the latter is substantially de- y
Iaration of the former. The State /,
overnments are permitted to exist,
Mt under the supervision of officers n
the army whose duty is declared 10 a
3 Ito protect all persons in their p
ghts of person and property, to sup 1
TESS instruction, disorder and vio- =
nee, to punish or cause to be punish tc
all distNr6ers Of The reace to public G
In his discretion he s'naay
loto local civil tribunals to take juris- ~ ~
ction of and try offenders" or dis or
.ncinu NTH thar aOoroxr tthn .L,Il >.