The south-western. [volume] (Shreveport, La.) 1852-1870, 1867-05-29
NJ. 43.
Martial Law.

MaTtldl AdM,
From the N. O. Tinles.l
| One of the most deplorabe of the legaces Of the
late war; the evils of which are still experienced BY
our people, aud which remain to this day uncorreced
and unrenounced is the precedent and apparent legit
imation of that execrabe eeae known Martial law.
Though the whole theory this mythical and purely
ideal system pronounced by all honest ursts as ut
terlv without foundation in truhof right and entirely
inconsistent with tthe fundamental doctrines OF our
Government, of all free governments, and OF poit-
cal and uridca institutions which rest upon written
constitutions and laws the spirit and practice of
ta law are still maintained over these free aud peace
ful communities three years after the termaatlon Of
war. There is nothing in our history for the last ten
years. and for the whole lifetime Of our republic,
which posterity and the cyilised world will regard
with stronger and disgust than the prolonged
maintenance ofso odious and anomalous system in .
peaceful republic Even in war, the right and power
to concentrate all civil power in military commanders
has been constantly denied by all ju1isss It was al
ways fragrant usurpaton, excused or paliated By
| the plea of the necessity of self f-preservation
When and where this plea cannot avail, martial OF
military law cannot exist without involving the con
esson of extreme weakness and puslllanimty on the
part of the Government or gross contempt Tor the
rights of the people and the obligations OF the ConSt-
tuition. 1t is mockery-an excerabe abuse OF words
to call that republic which authorses and permits
such system in time Of profound peace. It was
so declared more than fifty years ago. by one OF the
wisest and most vrtudus of the great statesmen who
have filled the Chief Executive office OF this republic
The most popua. military commander in our history
in the very his greatest triumph, and when
he was the idol of the whole people, was sharply re-
proved by President Madison for continuing martini
law over this city. when powerful enemy had just
evacuated soil and was lowering on our coast
The imminent peril had ceased, and Andrew jackson
was told he could no longer dspace the civil autbor
ties and usurp their functions and this view OF the
subject has been held by the great Judges of England
from time immemoral More than a hundred years
ago distinguished official of that country was tried,
| convicted and executed for the exercise of martial
law in distant colony. Even the lapse of twenty
years after the act and the apparent sanction ofhlgher
authorities, could not avail to shield this usurping
official.
How martial law is regarded by the great
Judges of England, has been recently shown inl>
opinion Or charge delivered by the most eminent OF
the many profound jurists who grace the Bench OF
Justice in that enlightened nation. We refer to Sir
Alexander Coekburn, the Lord Chief Justice of Eng
land. OF this eminent Jutist distinguished writer
has recently given the following striking portrait
i" When Sir Alexander Cockburn was made Lord Chief
Justice few years ago he the most perfect and
finished advocate at.he bar; and he is now beyond
all comparison the most able and accomplished judge
on the bench SO that in every sense-in ability, as
in rank he is the wlcdged head OF the profession
You can see at once that he is of intellect and
spirit The lofty brow, the clear, generous eyes, the
frank quick bright countenance, all at first sight,
even through an imperfect medium of a likeness
attractive and preposscssing. They give, In short,
the true impression of the mantle idea of of
genius of warm and generous heart. A poet has
drawn his portrait in line:
"Genus is written on his broad clear brow.
=, The deliberate assertions and sentiments OF such
man. occupying the CHEST judicial position in ma
ton from which we have borrowed car whole juris-
prudential and the largest portion Of our political sys
TENS are entitled to the profound respect Of our peo
pie, our Government, and ourjudciary These views
recently uttered by the Chief Justice in tire important
trial of the late Governor OF Jamaica, embody the
whole doctrine on the subject of martial law. They
are worthy be read and preserved for future refer
ence and instruction. Thus spoke the Lord Chief
Justice:
He professed himself shocked and alarmed at the
loose definitions which commonly received and
thou ght it high time that they brought to the
test Of judicial interpretation He contended thai
there is broad distinction to be made at the oustart
between rebel in arms and civilian who becomes
in any way amenabe to martial law. The trial Of the
Earl Of Lancaster, in the reign OF Edward Ill was not
a case of martial law although irregular There may
be some doubt about the Wat Tyler insurgents in the
reign of Richard H. but it thought necessary to
obtain an act Of indemnity.
| "In the reigns of Henry " and Henry VI there
were frequent irregular executions; but the first In
stance of martial law in its modern sense, the
prosecution after the battle of Steke, of the wealthy
adherents of the Sinnel rebellion. Henry VII how
ever wanted money much more than blood, and very
few were executed. The trials were Illegal through
out Inc reDell0n was suppressed anu IL was ceFCan
that you coud'not bring men to trial under martial
law after rebellion had been suppressed.
| "In the reign of Edward VI the dsaf1eeted were in
the habit of raising the villages by Of church
bells and, according to proclamation contained IL
Strype's Ecclesiastical Memorials this attempt to
muster men in arms was forbidden under pain Of death
to be executed by authority of law martial, whereby
no delay should be permitted as in other cases. This
was strong proclamation, but it vas entirely ultra
uies for the to have dealt with these ohcnses
otherwise than by act of Parliament Again, 1549,
according to Strype, lordeuenants i'll various coun
tries were empowered to exercise martial law. In
1852 there was proclamation of the same kind.
sLord Hale said that such procamations were often
issued IN teToren poputi, without any intention Of
carrying them into effect
Queen Mary, in which martial law was threatened
against those who imported heretical works and if
Hume to be believed this example was followed
by Queen Elizabeth, who proclaimed that those who
imported bulls traitorous works from Rome should
be punished with death under martial law. Again,
upon a representation from the citizens cf London
concerning apprehendcd riots the Queen issued
mission authorisin@ the establishment of martial law
and the execution under it of all rioters aud declar
ing with an extraordinary stretch of assumed power
that persons who leading vagfant lives and could
not give good account of themselves, should be hung
up. This entirely unconstitutional proceeding.
flames and Charles issued commissions for G.
court martial but the Petition Of Rights pronounced
these commissions unlawful, and solcmnly asserted
that English subject to be subjected martial
law.
/" This doctrine has never since been contra1ictcd
in practice.
1.-THE Chief Justice added, chat having examined
every instance in English history III which martial law
had been referred to proclaimed, he could fnd no
such thing martial law used for the purpose of put
ting down rebellion. He was, therefore, utterly as
tonished to find persons III authority, and OFT Of il
talking about martial law in am easy, familiar way, as
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