The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-07-09

defense is also lawful. This law, applied
nationally. is the martial law. which Is
an offshcot OF the common law. and, al
though ordinarily dormant IN peace, may
be caled forth by or inna
readily be enumerated or described. which
may render 1t necessary for command
Ing officer to. subject loyal citizens, or
loyal have not acted overtly against the
government. to deprivations that would
under ordinary circumstances be illegal:
cation. not on the laws Of war. but on
the necessity which. as has been here
seen. may warrant the taking Of lie, and
,ion" Hare, Am. Constitutional Law,
MAY CALL FOR AID.
that e cannot TSt be qneed By orday
means. and threatens irreparable injury
to life or property, the sheriff may call
forth the posse comltatus and exercise
hardly be distinguished from that Of a
general engaged In repelling a foreign
enemy or suhdulng a revolt. Arms may
sistance: and II loss OF life ensues. the
circumstances will be justification. The
measure does. not. however. cease to be
civil. or fall beyond the rules which ap..
ply when house IS entered in the night
by burglars, or a traveller shoots high
wayman who demands his money. Nor
VIII IL CIldURe It's CIldl dClei OeIdoSc tho
military are called in and the sheriff
delegates his authority to the command
ing officer. AS Lord Mansfield showed In
the deDa1e on e Loa tbe
duties and liabilities OF citizens although
they wear a uniform, and may. Ike 9TH
er individuals. act as special constanles
sion OF a mob. and If the staff does not
suffice employ the sword. The interven-
ton Of the military does not introduce
term As understood under despotic govern
mcntk. and even by some distinguished
jurists. because, agreeable to the same
in England and the United States. they
are liable to be tried and punished for any
excess or abuse OF power. not by the
sta, ,s Jaw Jaw Hare, Am. const. Law,
lect. xiv. p. 9f6.
This last quotation illustrates and ex.
plains the depenee IN the haa Ten so 90
much apparent trouble to some OF the
best. writer's. There is no real difference rene,
w War !h and do in domestic insnrrection In
needed for the accomplishment OF the end,
but his use Of them is folloT we ! by aitrer
for for acts done in domestic territory. even
s a aee after aSe as
passed. to the laws Of the land, both by
prosecution in the criminal courts and
aggrieved:. On this all the authorities
that martial law In this sense is merely M tby
State, and therefore as expressed BY
Judge Hare in the quotation supra an
"offshot Of the common law which though
Cd forth by SI insurreeton or INVASION See
M sitehaTH VS., ~ Ha nYnn1 Is HOW. o. S.
nj F4rd cases ys e spsSe "a on coa asa
Law, CHI. XII.
AS TO RESPONSIBILITY
In determining the responsibility for
SGh sets 81 The he aw as p app
In Issues OF false Imprisonment, self-de-
Tense. ETC., that the acts must be judged
nY th Is npt Clear aho ue The
justification must be based on necessity,
and cannot stand on any other ground.
duce and justify the belief that an Inn
minent peril exists, and cannot be ayerted
without transcendlng the usual rules OF
and probable cause for believing that a
particular method Is the only one that
necessary, even ii the event shows that
different and less extreme course might
have been pursued with safety" Hare.
right. and The emergency must be shown
before the taking can be justified. In de.
t The facts ' as they appeared to the oiilcer
at the time he acted will govern the de-
cision. for he must necessarily act upon
own observation And If. with such lnfor-
nation as he had right to rely upon
there is reasonable ground Tor believing
acting &C ing , upon it, and the discovery after.
Wards that II was false or ). erroneous 70 viii
Mi ,f.sie vs. s Harmony, ID How. lis.
And while the military are IN active
service for the Hhtg and O
ard se Of actual War, No other standard is
for The s AND hsg e egy
a ahat en- end " are lawful Will The situation Of
troops IN riotops ana m irpena n
en rsa. Country. and in proportion TO the
extent and Violence, OF the overt acts OF
hostility shown Is the degree 81 seye Fly
case therefore shift with the ciIrcum-
stances and the same standa rb 81 dn }ustin-
the tsei liability to Subsequent Investigation
In the courts of the land after the restor-
atom OF olVef' WELL. SETTLED,
Coming now to the postion1, of the re,
the law we'll settled, "a subordinate
stands as regards the application OF these
principles. in different position from
a abs i from liability for, executing an
order which twas criminal to giyee; The
question is. as, we have seen nag the as-
he necessity tessny Of the act which is i'm
pngned? and in determining this point.
ms may obviously take. the orders of the
nsrson in command into view as pro-
eeeding from one who = is better BET SI able to
suns are such that the command
may may be justIaable,he SHOULD, not be held
guilty for declining to deGiide that i e
disnbsdience. unless the case is so plain
Solder. consequently. runs little risk In