A Compilation of the Messages and Papers of the Presidents. Volume 6, part 2: Andrew Johnson
History
A Compilation of the Messages and Papers of the Presidents. Volume 6, part 2: Andrew Johnson
Johnson, Andrew, 1808-1875; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
There are under the Constitution three kinds of military
jurisdiction--one to be exercised both in peace and war; another to be
exercised in time of foreign war without the boundaries of the United
States, or in time of rebellion and civil war within States or districts
occupied by rebels treated as belligerents; and a third to be exercised
in time of invasion or insurrection within the limits of the United
States, or during rebellion within the limits of the States maintaining
adhesion to the National Government, when the public danger requires its
exercise. The first of these may be called jurisdiction under military
law, and is found in acts of Congress prescribing rules and articles of
war or otherwise providing for the government of the national forces;
the second may be distinguished as military government, superseding
as far as may be deemed expedient the local law, and exercised by
the military commander under the direction of the President, with
the express or implied sanction of Congress; while the third may be
denominated martial law proper, and is called into action by Congress,
or temporarily, when the action of Congress can not be invited, and in
the case of justifying or excusing peril, by the President, in times of
insurrection or invasion or of civil or foreign war, within districts
or localities where ordinary law no longer adequately secures public
safety and private rights.
It will be observed that of the three kinds of military jurisdiction
which can be exercised or created under our Constitution there is but
one that can prevail in time of peace, and that is the code of laws
enacted by Congress for the government of the national forces. That body
of military law has no application to the citizen, nor even to the
citizen soldier enrolled in the militia in time of peace. But this bill
is not a part of that sort of military law, for that applies only to the
soldier and not to the citizen, whilst, contrariwise, the military law
provided by this bill applies only to the citizen and not to the
soldier.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account