The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1872-03-22

~ uii titue5, De III StrlCU suDOTuludtlOn
to the civil power.p Here then is the
authority that would strike down
| every provision in this bill which pro.
vides for trials and sentences by courts
martial, where no jury can interfere.
where persons can have no counsel and
! a man Is to be tried by court that ia
packed by the prosecutor.
Now, Mr. Chairman, have here what
is recognized in the United States Army
as authority on military law.
l read from page II, DeHart's Mill
tary Law: MARTIAL law ex1ends to all
persons; military law to all military
persons, but not to those in civil ca
pacity."
"How and where, under particular
conjunctures of the time, martial law
may be declared, and by whom, is not
here considered; but the proclamation
| OF such rule within the limits of the
United States, is very questionable
proceeding, and thought TO be an 'ex-
cressence' not warranted or sanctioned
by any 'distemper of the State The
substitution of this power for the civil
courts, subjects all persons to the arbi.
trary will of an individual, and TO i'm.
prisonment for an indefinite period. or
trial by military body. OF such high
importance to the public Is the pre.
been thought that unjust attacks even
upon life Lr property, at the arbitrary
will of the magistrate, are less danger.
Gus to the Commonwealth than such as
are made upon the personal liberty of
the citizen"
On page fifteen the same author saws:
"The profession of arms Offering but
few opportunities for the acquisition Of
that species of knowledge which, in
technical form, is made most available
in courts of law, and the youth and in
experience of great nuhber of its
members being such as to unfit them
for the decision of questions depending
even upon settled principles of interpre.
tation, when called upon suddenly to
act, much less those which are involved
| in subtle arguments and intricate cir
| cumstances, make it still more desira.
| BILE that the Jurisdiction of body, which
| from time to time they are called upon
| to exercise, and to whose authority thew
are at all times subject, should have its
limits defined as clearly as possible,
both for their guidance and their safety.
Blackstone, whose Commentaries are
the first books placed in the hands of
the student at law, in speaking of this
subject, says: sit is to be looked upon
| only as a temporary excrescence bred
out of the distemper of the State, and
| not as any part of the permanent aud
| perpetual laws of the kingdom. For
martial law, which is built upon no
settled principles, but Is entirely arbi-
trary in its decisions, is, as Sir Matthew
Hale observes, in truth and reality no
law, but something. indulged rather
than allowed as law"
And the learned writer goes on to say
that any person condemned by court
martial TO be executed In times OF peace
under such circumstances. that it is
murder by the courts, and that the
men are all indictable. If there Is
anything IN the Woriu that we should
shun above everything else, it is the
existence OF martlal law In time OF
peace; a Dody OF man compelled by
their oatns not 10 ulVulge anything that
transplres, ana their ballots 10 be given
IN secret, commencing with the one
Junior IN rank, the Judge advocate there
al tne tlme,and such questions to be put
TO- the witnesses as he deems proper
FORM tnat mas existed fr' m the time
OF hlng EuWaIu 10 the present.
me people OF clvllizeu nations have
hau IN lorce our present jury system SO
long that IL VIII take strong effort to
eradicate 1t from this land. But yet
thls Dill would not only take this away
IN time OF war, put whenever these
| military men see proper.
| Now, in this bill, what is your law?
In the first place, section forty one re.
quires every commander on duty to
"enforce obedience to all orders, aud
put under guard any person disobeying
or violating them and may prefer
charges therefor" All offenders, of
course, are to be tried by court martial.
| by section sixty one, "any person or
persons VINO snail ne guilty OF disorder
~ cohtemptuous or lnsolent behavior
ln' or use any insulting, contemptuouS
OF lhdecorous language or expression
10 or before any court martial or court
Vi iuquIry, or any MEMBER ei elther OF
;ucn courts, IN open cour INTENDING 10
Interrupt the p oceedlngs or 10 Impair
the respect or authority or such courts,
hlty DC committeu TO the jail OF the
county IN Whlch such courts snail SIT, by
Wariahl' unuer the nanu ana seal oil the
presluent oi such court, and such COM
h,tInenth hoI 10 exceed nVe days
II any petty olncial imaglnes he IS
INSURED, thls star Chamber court
mas tne power 10 commit the alleged
ouenuer even 10 prison. ana the sheriff
~ Ja,ioa , 10 w LeceiNg nun ana conhne
niln .Ilere III nis Garhest dungeon until
the time lor Whlch ne may be commit
| ,o,,o ,,C,,at aS:nr oiA W. "
says oueh sherln, Jalier or other
omcer snali receive the body of any
person VINO shall De Drought to him by
WIN virtue vi sucH Warraht, ana Keep him
tioned in the uarrart ~ y VIC 'i'ne nAen-
In tha newt niaca T u,;II corto.oo.;a
fftv.nne az tba oath rhioh tSoSo ~ seetI9'' Ss
GERS are rennired :" take. '"e'e o'li
~, ~ -
,;n hou s;.e uS swear, Ut sHrm, that you
d; VIII iaa'hluiiy t1y ana determine, ac-
SHotruIug W , eviuence, tne matter now
s osi3io Woy youi pe.Ween Sie eooinhlonwealth n
oI r;dd ndehasyitanta sS s anu the prisoner TO he
ta,eu' tio ana @ .nas you WI uuiy adminlS
.eI JustiGe accoruthg 10 the established
Iuies uiti, vi iaW ior the government OF the
Ga iiii'Sry iolee5 oI thls otate, SO help you
rt 1ou al Anu inen tne PSesiuent OF the
@ oous. eiinil AZ auihinlster 10 me Judge ad
Noca,e tne @ IoIioWlng oatn; You dC
l