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

~ :, ga not MAKING any charge nlsher
mitted to bail. pending the argument OF
the case.
/. These are all the material facts and
anee Of question is in the testimony, Of
some of the witnesses at the inquest that
the deceased was outside the gate when
and some st others RS Of 'a the guard tes
titled that the deceased had opened the
gate and entered. but staggered pack
several a aeps qfter The shot vas .a red
the Governor was declaration q quail
fled martial law. in the affected districts
mindful Of the eminent Hiif authorities WHO
have declared that martial law, cannot
exist In England or the United states
moderate advocates Of that view. not
M II f'ms ?i P e. ~ II SAID il
The the majority ey,s o. s4s eodT be
courts are open and in the proper, and
unobstructed exercise OF their ,urisdic,,
ton But IN ths bpp ino com m
military rule. which are thus sun,mar-
zea r by 5edne HaTe a hy eftS5ss
itary law. then. consists Of the rules
ment OF the land and naval forces. which;
defined By Congress. are an offshoot Of
the civil or municipal law. Military gov
eminent is the dominion exercised s, by q
general oyer conquered state s or }H c9-
ton or extension OF the force by which
the conquest was effected. to the end OF
Keeping the yanquished In snojection.
and being a right derived from war. ls
hardly compatible with n state OF peace;
Martial law Is the right Of general
in command OF town Or district me,
take the requisite measures to repel the
enemy, and depends. for Its extent. eS-
istence. and operation. on the im'nlnence
Of the peril ana the oei,gatioa 10, 70 P o,f.
spring Of necessity, It transcends the or
binary course OF law. and may be exer-
cIsed alike oyer friends and enemies
Many other authorities OF equal rank
hold that martial law exists wherever ine
military arm of the government IS cali ~
Of the questions in the present case are
concerned the difference is one OF terms
rather then q substance nee, and ~ IS tlr i
diction OF courts martial or military com.
missions over citizens not IN the mill1ary
or naval service. nor engaged IN rsfSSK
ity of officers or soldiers giving or act I.
Ing under military orders. when not y.
actual war. to be called to account ~. IN
the CIVIL or Criminal '-OSi -. -.
cerned. and the second will be discussed
in its due order.
Order No 80 vas as sac ouaIjfed in
that II was put in force only as to, the
preservation OF the public peace and Or
der not FOR the aseertaslnHshtt he OF ot H
ordinary functions Of government. For
these the courts and other agencies OF
the law were sun open ana no 11e Sx'g fmnc.
lions. But within It's necessary uela1,
and for the accomplishment of It's lnLend, o,
ed purpose 1t was martial Ia" WIN az
Its powers The goyernm nlith mas and ah y
must be real power. sufficient and et q, &C,
tive for It's end, the enforcement OF law
the peace and security OF the commu-
my a. PEACE - 4. disorder.
It is not unfreaucntly said that the
community must be either in state OF
peace or Of war b., as there rs Is no o inter- IT.
view now under consideration. this is an
error. There may be peace for all the
ordinary, purposes Of life and yet state
c!al directions. which though not tech
same affect. and If important enough to
not distinguishable so. far as the powers
Of the commanding officer are concern
ed from actual war. The condition in
it. no mater how opinions may differ as
to what it should be most correctly
called. When the civil authority. though
In existence and operation for some pur-
poses. is yet unable to preserve the pub
lie order and resorts to military aid. this
necessarily means the supremacy Of ac-
tual force, the ,demonstrat!on OF the
operating only by its moral influence. bur
now brought into active exercise: just
as the ordinary criminal tendency In the
edge edge and and fear % Of the law. but the overt
law breaker must be taken INTO actual
custody.
When the mayor or burgess Of n1 munie.
the public order and security and calls
upon the sheriff with the posse com!tatus.
the latter becomes the responsible officer
hnd in ' turn the 'H sheriff finds his power
Inadequate: he calls upon the larger pow
err OF the State to aid with the military.
The REX rftan ne ofeer Of
the county. and II he does so. ordinarily
the military must act In subordinatlon to
him. But If the situation goes beyond
er OF the State. the Governor intervenes
as the supreme executive and he or his
military representative becomes the SUI
II the sheriff relinqulshes the command
to the military. the latter has all the
sheriff's authority added to his own pow
erS q 8 10 military ulelIOIS.
5tl THE MILITARY So IRENE.
The resort to the military arm Of the
government. therefore. means that the or
binary civil officers to preserve order are
subordinated and the rule Of force un n
Whatever extent may be- necessary in the
discretion Of the military eomm ,snd To To
them stand quiet and helpless while mob
law overr!des the civil authorities. would
be to make the government contempt
istence.
to put into operation the powers and
methods vested in the commanding off
Ger by military law. So far as his pow
curlty of life and property are concerned
there is no limit bnt The necessities a. and
respect there Is no difference between
a public war and domestic insurrecton.
What has been called the paramount law
OF self-defense. common to all countries,
has established the rule that whatever
force Is necessary is also lawful.
"Whateyer force is necessary for self