Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-01-21

I
was tried by court-martial, he was now
tried by military commission.
The word martial originated from Mars
the God of War, military from Miles,
soldier, and he thought meant the SAINT
thing. He preferred the word military a.
the more modern and fashionable word,
probably from the fact that of late there
had been many more soldiers than gods.
| Mr.. Sample was understood to say that
the change proposed would only make the
matter worse.
Mr.. Wamer-There are but two ways
/ known to the law by which man can be
tried, one in time of peace and the other
in time of war. Martial law and mill
tary law have distinct meanings. The
| military is understood as fixed law,
while martial law is the suspension of all
law by the military commander. 1t is
evident to my mind that the trainers of
the Constitution of '34 intended the word
martial to mean military, no man except
soldiers can be tried by the military In
time of peace or in war. 1t is important
that these distinctions should be fixed by
the civil authority.
Mr.. Campbell-While l cannot agree
with gentlemen who say martial law
and military law are not the same, l am
as anxious to prevent the administration OF
the one as the other. Therefore, move
to amend by making the last words of the
resolution read, 'martial or military
law
Mr. Heiskell-I am willing to accept
the amendment, although it does not meet
my appreciation altogether; because l
think we should declare that martial law
has no existence. 1t may unobjection-
able as being synonymous with military
law, but l do not see how it could
be of any advantage. .. Then we follow
it by the declaration in the
next amendment | have proposed. 1t
would be more perfect to declare that the
punishment of the soldier shall be under
military law, because martial law does not
exist and military law may be declared by
statutory enactment.
Mr.. Campbell-The difficulty might be
removed by a slight modification: that
the soldier shall be subjected to punish
ment ''either" under the martial or mill
tary law.
Mr.. Heskell-That would make it
worse. either" would show that the
words mean distinct things. l would have
martial IN the sense of military, meaning
the same thing; unless other gentlemen
object, | will accept the modification as
first proposed by the gentleman. would
rather like to hear the views of others.
Mr.. Brown, of Davidson, did not pro-
fess to be very familiar with these terms.
Hehad learned from experience that ii was
not very pleasant thing to be placed I'M
der military law He had always under
stood martial law to mean the same thing
as military law, and so he understood it
now. He did not understand that military
law was a better defined rule of action
than martial law: The two are entirely
the same. 1t means martial law. The
two words give their own signifi-
canoe. Since we cannot restrain
military man in authority, l ]
am in favor of avoiding this power. 1t
is unnecessary to resort to new terms IN
less we can gain something. y man pro-
claims martial law, and it is to say that
the civil law shall be silent and the mill
tary law shall prevail. He does not mean
to say there shall be no law except what |
dictate; but he means to say that l, as mil
itary commander of this district, subordi-
nate the civil to the military-adOpt mar
tial or military law, as recognized, known
and defined by the articles Of war. Sir,
it never occurred to my mind that mar
tial law meant no law except the
discretion of a commander When a
ol-C ~, &c ~
and declares martial law, does it mean
that in the whole country there shall be
no law-rothing but unbridled passion |
1t seems to me that the two words are en- |
tirely Synonymous. Now it may be a
matter of some importance for US not to |
change terms that we have been used to- |
We are now used to these terms-aye9 too |
well used to them, but we cannot help |
There is such power as the |
and the name it gives itself has |
no particular importance. It is no matter |
whence you derive the word martial. |
1t was said by a delegate that it comes |
from the God of war-the prince of war.
Then what does military come from. 1t |
comes from a kindred source And if |
we should not be subject as citizens to
punishment under martial law-after all |
under this section as reported we are Sc
cured from that by the use of terms |
which the committee reported. | am not |
able to see the distinctions made by gen |
tlemen. am in favor of any restrictions |
which can be put upon this eXtraOrdi- |
nary power; but opposed to change unless
there Is well founded reason for it.
Mr.. Stephens had stated that there is a
distinction between martial and military |
law; and he gave as authority that he |
was a military man, seeing service in the |
late war, and serving about eight months |
as President of a court martial The dis |
tinCtiOn between martial and military law |
is as well defined amongst military men |
as the distinction between q prosecution |
for crime and a suit on cOntraCts-just |
as well known as it can be defined in this |
article by which the gentleman proposes |
to amend. Martial law is declared by the |
of the OBSERVATION-DISCLOSURES |
ing the civil law and subjecting the people |
of country to his despotic will. l do
not say that it is so as between himself |
and his GOveTnment-at Paris, London or |
Washington it may be-but as to the |
country of his command he is despotiG, |
about absolute. Then there is law |
called the military law, a written code in |
the hands of every military man |
of the United States, and it was |
in the hands of every officer in |
the Confederate army, and that is, the rules |
and articles of war. And WHAT'S not in |
these articles of war is not military law. |
The military code is for the government |
of the army, not the citizen, and these arr
ticles are intended to protect the citizen on |
trial in military courts. Now, it is the |
purpose of this section of the Constitution |
that the military authorities shall not take |
up citizen and punish him by martial |
law in time of peace. / would like to see
the word military" added to the word |
martial.
Mr.. Heiskell-Several gentlemen have |
asked me to adhere to my original propo-
sition, and wish to say that cannot &C
cept the amendment Of the gentleman |
from Madison, Mr.. Campbell.
Mr.. Bate-It seems that We have two |
sets of laws-laws for the government of |
citizens, and laws to govern soldiers. |
Now it is expected on the part of the citi- |
zen under the civil law, that he should |
not be subjected tothat specific law called |
martial law. Martial law is certainly more |
specific than military law, if martial law |
be no law, which is as / understand it. |
When the military commander calls me
up and seeks to exercise jurisdiction over
me, wish to have such a provision as
will protect me so that he cannot |