Gallery eBooks

The necessity
must be actual and present, the invasion real, such as effectually
closes the courts and deposes the civil administration.

We see that martial law comes in only when actual war closes the courts
and deposes the civil authority; but this bill, in time of peace, makes
martial law operate as though we were in actual war, and becomes the
_cause_ instead of the _consequence_ of the abrogation of civil
authority. One more quotation:
It follows from what has been said on this subject that there are
occasions when martial law can be properly applied. If in foreign
invasion or civil war the courts are actually closed, and it is
impossible to administer criminal justice according to law, _then_, on
the theater of active military operations, where war really prevails,
there is a necessity to furnish a substitute for the civil authority
thus overthrown, to preserve the safety of the army and society; and as
no power is left but the military, it is allowed to govern by martial
rule until the laws can have their free course.


Pages:
458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482