Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1872-02-14

"v"Vhlj ~ ouBtb W Oc commenced ID
the Gods and justified by the philosc
piers" A philosopher wrote trea
tiso on justice, dedicated it to tn
great Antigonus, who gave the autho
this reply "rhou art in tho wrong
my friend, to make me the patron 0
Justice who, as thou seest, am now in
yading tho rights of Others" Thi
king was a heather Yes, he was
Would to God General Grant had
thousandth part Of the divine justic,
in his nature this heather had. Tn,
great general Narscs, who conquered
the Goths and large part of Ger
many, never gave battle TO his enc
my without passing tho night befor,
in tears. He was another "heathen.' >
The Emperor Theodorus, whenever
he besiegcd a town, gave orders tc
his army never to commence an as
sault until they had been before the
place ten days, to allow them to capt..
ulalc or TO provide for tho safety OF
the women and children. Another
"heathen." What an example for
our war tyrants When Leost henes
had persuaded the Alhenians to 20 TO
war, contrary to the advice Of Pho.
clan, he asked the great general, with
a sneerlng air, what good he had dono
to his country while he was the gen
oral OF its forces Phocian replied.
"M0re than ever thou wilt, for have
its citizens to be honorably
buried in the sepulchres of their faith.
crs, instead of their bones being scat
tered on sanguinary fields" Anoth.
er "heathcn." Certainly these heath.
ems lived and talked like Christians,
while our Christians talk aud act like
"heathcEs."
But we must return to our subject
Of "martidl id,0." During the terri
bic negro insurreotion in Demarara,
in 1923, where even women and chill.
lren were murdered with uuspeaka.
Bile atrocity, n missionary, Rev. John
smith, was arrested and tried by the
authority after martial law
rad been proclaimed Smith was ar
'cstod as an accomplice in the horrid
jutchery. The Chief Justice of the
colony was one of the military court
o try him. He was found guilty and
sentenced to death, but recommended
o mercy When the news of this
rial by court martial reached Eng
.,1 ed where English law existed, i'll
nent in all sections Of the country,
hat the matter was Immediately
brought before the House of Commons.
On this occasion, Sir James Mack.
ntosh said
"By the law Of England, martial law cannot be
xercisad except where the jurisdiction Of The
1urls Of Justice Is Interrupted by violence. Did
bis necessity exist in Demaram on the 18th Of
october, 1928? Was it impossible for the courts
II law to try offences have diligently exam
ned the Roman laws and can lud in them no
races OF any such principle martial law. Mil
AIRY law, indeed, Is very clearly deancd, and am
ilc provision Is made for the punishment by mill
ary judges, Of the purely military oiicuscs Of sol
lius But TO any power extending military juris-
licon over those who are not soldiers there is no
illusion"
Our author continues at great
cugth to show that even soldiers can.
not be tried by military law except
or offences purely military, and wherc
he civil courts are not in operation,
luoting at great lengths from Lord
Hale, Lord Coke and many other cclc-
jratgj jurists Of England, to whom tho
advocates of brute force are referred
On the same occasion Lord Brougham
made most powerful and exhaustive
speech in relation to martial law, in
which be said
81 know that thu general answer to hll which
has been hitherto alleged this subjee, is, that
Martial law had been proclaimed in Domarara.
But, sir ] do not profess to understand, az law
ror martial law, Of such description. II Is en-
irely unknown In England. | do not mean TO
.ay Ia tho bad times oil our history, but in the
more recent period which is called constitutional.
. II the members Of this court martial
lad pcrpeira,sd the las ect--if hey had dared .,
axe Ais mans hI,, one hair Of lrhoss Aeui they
inrst no, ioacA, Hoi,oilHdadiag heir o'0a uerdict
--i6-y must iAsmseirss hare died me death ef'nHr-
}cgcrs."
Thus stands the law in the govern
ment of England. But there is, in
English history, still more striking
ease than this was. Ii is that Of Gov.
ornor Hall, who tried u private soldier
by court martial, while he, Hall, was
acting Lieut.. Governor of India. The
soldier was found guilty and sentenced
to be whipped. The sentence was ex-
,cuted on the prisoner until hc died.
When Governor Hall returned home,
twenty years after, ripe in years and
with fortune to enable him to com.
nand position, the friends Of that
poor, obscure private, hunted him up,
had him arrested and put on trial for
murder The point of law was that,
IS courts natal had no iurisdition for
rial and punishment where tho civil
'ourts were in existence, the cxecn
ion Of the sentence, from which this
,oldicr died, was murder. After u
ong trial, in which everything that
money and influence could do TO save
Governor Hall was done, be was
ound guilty and banged. Do our
Holts and Binghams aud Provost
Marshols see the pointS This is not
,uly English law, but it is the law in
America. What will become Of the
hundreds of officers in this country,
when the law is enforced Citizens,