Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-06-13
MARTIAL LAW.

The opinion of Judge Advocate Holt
and the instructions based thereon, re-
Gently issued by the Secretary of War,
have brought about their legitimate re-
suits and precipitaied collision between
the civil and military powers. In con-
sidering this unfortunate occurrence, it
does not add to ones confidence in the
opinion upon the faith of which thesepro-
ceedings were had when it is remembered
that it was given by Holt, man whose
most prominent achievement was caus-
ing an unhappy woman, the unfortunate
principal characteristic is logged unrea-
soning obstinacy. However, the man is
the responsible adviser of the military
service, and Secretary Belknsp, whom
no one accuses of knowing much, acts
upon aud approves his advisers opinion.
This done, of course all the rest OF the
officers have nothing to do but obey
orders, and are no more responsible than
is the driving-wheel Of a locomotive for
running over human being placed on
its track. OF course we are discussing
this matter, with no special reference
to the occurrence at Salt Lake, for
the same thing would happen anywhere
else if the civil authorities arrested a
soldier and attempted to punish him for
an infraction of municipal law. Under
the instructions Of these Washington
moguls, the officers of the army and their
commands have no choice but to do
Just as was done at salt Lake.
That act of itself amounts to
nothing very important, but the
principle involved is, and that is, wheth-
er the laws of the land shall protect the
innocent and punish the i'll doer, or are
We RENTED to martial law, or rather no
law at all, but the will OF the commander
of the army, for that is the real practical
effect of martial law. Judge Holt says in
his opinion, after quibbling in manner
that might be expected from man OF his
stamp with the term law of the land, "
that the military officers are to be
the sole judges as to whether an infrac-
tion of those laws had been committed.
In other words, he is to institute q pre-
liminary inquiry into the matter. and
then decide as to the probability of guilt,
etc., and then if he chooses, he can re-
fuse to give up the alleged criminal, and
that is the end of the matter. In short,
il an officer chooses to allow the civil
law to have its course, he can do so; if
he does not, that is equally his privilege.
Does it rot make ones blood tingle a
little to read that at this present, far in
the nineteenth century, in the ninety
eighth year of the independence of the
United States, that high government
official declares that in time of peace,
in perfect security from foreign invasion,
or domestic instruction, that the civi
authorities executing the law of the land
are subordinate to the military. In fact,
that soldiers and their officers are above
the law, and the strong arm Of the
Courts is powerless to assert their
authority and dignity as against
the military. Over four hundred
years ago in England, Chief Justice OF
the Court of Kings Bench dared to as
sert the majesty of the law, and punish
him who defied it, even though that
person was the eldest son of the King.
But the advanced civilization of the pres
ent era is gone far beyond all such obi.
god nonsense as that, as Dickens says
aud finds us baskiDg under the paterna
protection of martial law, as set forth
in the articles OF war, expounded by
Holt, and approved by Secretary
Belknap, who, like his fellow Secretary
Richardson, most probably never reac
the instruction he honored with his sig
nature. Truly, We American citizens
ought to be thankful that we have dom
away with the tiresome machinery of tn
law, courts, statutes, constitution am
other antiquated rubbish, and now ca
securely repose under that mgis oflibert
the articles of war, declared by Holt an
executed by Belknap.