martial law

Martial-law is an arbitrary law, proceeding from military power and having no immediate or legislative sanction. A place, district, or country occupied by an enemy stands, in consequence of the occupation, under the martial law of the invading or occupying army, whether any proclamation declaring martial-law, or any public warning to the inhabitants, has been i ued or not. Martial-law is the immediate and direct effect and consequence of occupation or conquest. The presence of a hostile army proclaims its martial-law. Martial-law does not cease during the hostile occupation except by special proclamation ordered by the Commander-in-Chief, or by special mention in the treaty of peace concluding the war, when the occupation of a place or territory continues beyond the conclusion of peace as one of the conditions of the same. Martial-law in a hostile country consists in the suspension, by the occupying military authority, of the criminal and civil law and of the domestic administration and government in the occupied place or territory, and in the substitution of military rule and force for the same, as well as in the dictation of general laws as far as military nece ity requires the suspension, substitution, or dictation. The commander of the forces may proclaim that the administration of all civil and penal law shall continue, either wholly or in part, as in times of peace, unle otherwise ordered by the military authority. Martial-law is simply military authority exercised in accordance with the laws and usages of war. Military oppre ion is not martial-law; it is the abuse of the power which that law confers. Martial-law may be le stringent in one place than in another. Much greater severity may be exercised in places or regions where actual hostilities occur, or are expected and must be prepared for. To save the country and life and property is paramount to all other considerations. All civil and penal laws continue to take their usual course in the enemy's territory under martial law, unle interrupted or stopped by order of the occupying military power. *** Whenever feasible martial law is carried out in cases of individual offenders by military courts, but sentence of death shall be executed only with the approval of the chief executive, provided the urgency of the case does not require a speedier execution, and then only with the approval of the chief commander. The latest instance of martial-law being proclaimed in the United States was on July 8, 1894. The President having done so for the purpose of preventing interference by strikers with the transmi ion of the United States mail. PROCLAMATION BY THE PRESIDENT OF THE UNITED STATES. Whereas, By reason of unlawful obstructions, combinations, and a emblages of persons it has become im practicable, in the judgment of the President, to enforce by the ordinary course of judicial proceedings the laws of the United States within the state of Illinois, and especially in the city of Chicago within said state; and Whereas, That for the purpose of enforcing the faith ful execution of the laws of the United States and protecting its property and removing obstructions to the United States mail in the state and city aforesaid, the President has employed a part of the military forces of the United States; Now, therefore, I, Grover Cleveland, President of the United States, do hereby admonish all good citizens and all persons who may be or may come within the city and state aforesaid, against aiding, countenancing, en cour aging, or taking any part in such unlawful obstructions, combinations, and a emblages; and I hereby warn all persons engaged in or in any way connected with such unlawful obstructions, combinations, and a emblages to disperse and retire peaceably to their respective abodes on or before 12 o'clock noon on the 9th day of July instant. The proclamation declaring martial - law in Chicago was decided upon after a full discu ion in the Cabinet meeting. This is the action which General Miles desired from the beginning, as it will give him more ample authority in the city. Chicago Inter Ocean , July 9, 1894. *mar-tial-ism (ti as sh), s. [English martial ; -ism.] The quality or state of being martial or warlike; bravery; martial exercise. *mar'-tial-ist, *mar-tial-list (ti as sh), s. [Eng. martial; -ist . ] A warrior, a fighter, a soldier. mar-tial-ize (ti as sh), v . t . [English martial ; ize.] To render martial. "[I] trained him up In all perfections of a martialist ." Beaum, & Flet.: Laws of Candy, v. i. IMG:content-0957.png:[blocks in formation] "Whilst eyther king thus martially Defends, and did offend." Warner: Albions England, bk. iv., ch. xxi. mar-tial-ne (ti as sh), s. [English martial ; -ne .] The quality or state of being martial; martialism.