Martial Law

An arbitrary law, proceeding directly from the military power, and having no immediate constitutional or legislative sanction. When it is imposed upon any specified district, all the inhabitants, and all their actions, are brought within its dominion. It is founded on paramount nece ity, extends to matters of civil as well as of criminal jurisdiction, and is proclaimed only in times of war, insurrection, rebellion, or other great emergency. It is so far distinct from military law, which affects only the troops and forces. Martial law may, in fact, be termed a subjection to the Articles of War. In a hostile country it consists in the suspension, by the occupying military authority, of the civil and criminal 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 this suspension, substitution, or dictation, and 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. As martial law is executed by military force, it is incumbent upon those who administer it to be strictly guided by the principles of justice, honor, and humanity,—virtues adorning a soldier even more than other men, for the very reason that he po e es the power or his arms against the unarmed. Martial law affects chiefly the police and collection of public revenue and taxes, whether imposed by the expelled government or by the invader, and refers mainly to the support and efficiency of the army, its safety, and the safety of its operations.