Martial Law: What is It? And who Can Declare It?

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J. Campbell, 1862 - Martial law - 19 pages
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Page 4 - Majesty's realms and dominions the sole supreme government, command and disposition of the militia, and of all forces by sea and land, and of all forts and places of strength, is, and by the laws of England ever was, the undoubted right of his Majesty and his royal predecessors, kings and queens of England ; and that both or either of the Houses of Parliament cannot, nor ought to, pretend to the same...
Page 5 - This leads me to an observation, that martial law, such as it is described by Hale, and such also as it is marked by Mr. Justice Blackstone, does not exist in England at all. Where martial law is established and prevails in any country, it is of a totally different nature from that, which is inaccurately called martial law, merely because the decision is by a...
Page 10 - Philadelphia, in order to obtain such establishment, as that their religion, laws, and liberties may not be subverted ; whereupon the deputies so appointed being now assembled, in a full and free representation of these colonies, taking into their most serious consideration the best means of attaining the ends aforesaid, do, in the...
Page 14 - If by martial law is to be understood that dreadful system, the law of arms, which in former times was exercised by the King of England and his lieutenants, when his word was the law, and his will the power by which it was exercised, I have no hesitation in saying, that such a monster could not exist in this land of liberty and legality.
Page 14 - England and his lieutenants, when bis word was the law. and his will the power by which it was exercised. I have no hesitation in saying that such a monster could not exist in this land of liberty and freedom. The political atmosphere of America would destroy it in embryo. It was against such a tyrannical monster that we triumphed In our revolutionary conflict. Our fathers sealed the conquest by their blood, and their posterity will never permit it to tarnish our soil by Its unhallowed feet, or harrow...
Page 11 - My determination, therefore, was formed not to halt at trifles, but to lose the city only at the boldest sacrifice ; and to omit nothing that could assure success. I was well aware that calculating politicians, ignorant of the difficulties that surrounded me, would condemn my course ; but this was not material. What became of me was of no consequence. If disaster did come, I expected not to survive it ; but if a successful defense could be made, I felt assured that my country, in the objects attained,...
Page 10 - ... has been kept in these colonies, ever since the conclusion of the late war, without the consent of our assemblies; and this army with a considerable naval armament has been employed to enforce the collection of taxes. The Authority of the commander in chief, and, under him, of the brigadiers general has in time of peace, been rendered supreme in all the civil governments in America.
Page 2 - For martial law, which is built upon no settled principles, but is entirely arbitrary in its decisions, is, as Sir Matthew Hale observes, in truth and. reality no law, but .something indulged rather than allowed as a law.
Page 5 - Courts of Admiralty, Courts of Prize are all liable to the controlling authority, which the Courts of Westminster Hall have, from time to time, exercised, for the purpose of preventing them from exceeding the jurisdiction given to them : the general ground of prohibition, being an excess of jurisdiction, when they assume a power to act in matters not within their cognizance.
Page 13 - You are about passing a grant to refund to General Jackson the amount of a certain fine imposed upon him by a judge, under the laws of the State of Louisiana. You are going to refund him the money, with interest ; and this you are going to do because the imposition of the fine was unjust. And why was it unjust? Because General Jackson was acting under the laws of war, and because the moment, you place a military commander in a district which is the theatre of war, the laws of war apply to that district.

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